Most of the time the accident aggravates the pre-existing condition
Most car accident cases involve some type of orthopedic injury. The injury can be soft tissue in nature or result in an herniated disc in your neck or lower back. Insurance companies almost always assert the herniated disc pre-existed the car accident to defeat or reduce the value of your claim. The way to defeat that is two fold. First, if you have had prior neck pain or back pain and treated for that condition, it's important to acquire all of those medical records that predated the car accident. Your doctor can then compare those medical records and any diagnostic tests to see if the trauma of the car accident aggravated your pre-existing condition and made it worse. A prior MRI is helpful because the doctor can then order a new MRI and compare the results to the older MRI that predated the car accident. If the new MRi shows a change in your condition (bulging disc in prior MRI to herniated disc in new MRI) you can defeat the pre-existing condition defense.
Diagnostic tests like MRIs are crucial to proving your case.
It is difficult to date a herniated disc following a car accident. If you never had neck or back pain before the accident, an MRI might show the extent of the injury you sustained after your were hit. The insurance company will probably argue the herniated disc pre-existing the car accident. So, it's important to gather at least 10 years of medical records to look for treatment. If those records do not show neck or back pain and treatment before the car accident, the logical conclusion a jury could reach is the car accident caused your condition to become symptomatic.
A good trial lawyer will know the tactics utilized by insurance companies to defeat claims and fight back. If you have been injured in a car accident in Florida, feel free to call me at 888 Mr Lawrence for a free consultation.
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