QUESTION

Do I have a case since I was rear-ended and I now have a bulging disc and sprain?

Asked on Oct 18th, 2012 on Personal Injury - Florida
More details to this question:
I have pre-existing bulging disc (16 years old) with minimal pain before collision. New MRI shows new bulging disc as well as sprain to old bulging disc. I was rear ended at a red light. I am self-employed and only employee is me so I can't not work. The pain is debilitating.
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18 ANSWERS

Motor Vehicle Accidents Attorney serving Lincoln, NE at Lapin Law Offices
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I cannot answer whether you do have a case for injuries you sustained in your car accident without more information. You would have a case if you can prove that you were injured in the car accident. You can prove that you were injured by having your doctors issue opinions that you were injured as well as comparing your medical records and MRI from before and after the accident. The at-fault driver in the car accident is responsible for: an new injuries you sustained; aggravation of a pre-existing but asymptomatic condition you have; aggravation of any pre-existing condition you have and you can prove how your condition or pain is different after the accident; and finally, if your doctors are unable to determine what is pre-existing and what is new. I would suggest talking to a personal injury attorney about your accident. Most personal injury attorneys offer a free initial consultation so it will not cost you anything to learn about your rights and options. DISCLAIMER: This response should be considered general in nature, for information purposes only and should be used only as a starting point for addressing legal questions and issues. It is based on the limited information provided and, in some instances, makes certain assumptions. It is intended only for cases involving Nebraska and Nebraska law and is not applicable to any other state or jurisdiction. The author does not warrant the accuracy or validity of the information contained within this response, and hereby disclaims any liability to any person for any loss or damage caused by errors or omissions. In addition, this response is not a substitute for professional legal advice and does not create an attorney-client relationship, nor should it be considered a solicitation for additional legal advice or legal representation. If you ignore this warning and convey confidential information in a private message or comment, there is no duty to keep that information confidential or forego representation adverse to your interests. You should seek the advice of a licensed attorney in the appropriate jurisdiction to fully discuss your case. You should be aware that there are Statute of Limitations (the deadline imposed by law within which you may bring a lawsuit) as well as other requirements and/or limitations that limit the time you have to file any potential claims you may have. This response may be considered advertising in some jurisdictions under any and all applicable laws and ethical rules. The listing of any area of practice that the author practices in does not indicate any certification or expertise therein, nor does it represent that the quality of legal services to be performed would be greater than the quality of legal services performed by other lawyers. It is merely an indication by the author of areas of law in which he practices. The determination of the need for legal services and the choice of a lawyer are extremely important decisions and should not be based solely upon advertisements or self-proclaimed expertise. Readers are urged to make their own independent investigation and evaluation of any lawyer being considered.
Answered on Nov 02nd, 2012 at 12:57 AM

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Personal Injury Attorney serving Charlotte, NC at Paul Whitfield and Associates P.A.
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Sounds like you have a good case. not a great case as you know. The preexisting condition is a little of a drawback but the carrier owes for exacerbation of an old condition. They don't like to adit it.
Answered on Oct 23rd, 2012 at 4:54 PM

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Ronald A. Steinberg
Yes, you probably do. Under Michigan law, YOUR insurance is to pay your medical bills forever, and up to 3 years of provable lost wages, medical mileage, and household replacement services. You can sue the other driver for pain and suffering.
Answered on Oct 23rd, 2012 at 4:03 PM

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Business Litigation Attorney serving Columbus, OH at E. Ray Critchett, LLC
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It sounds like you are in a difficult situation. I would recommend preserving all of the evidence of the force of the collision (eg. photographs of damage to the vehicles, photographs of bruising etc . . .) Unfortunately, the insurance carrier is likely to fight your aggravation injury so it is important for your doctors to document any changes from pre-collision to post-collision status.
Answered on Oct 19th, 2012 at 9:11 PM

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Steven D. Dunnings
If in Michigan, you need to file a claim with your auto insurance carrier for medical bills not covered by medical insurance and for lost wages.? In terms of pain and suffering, need to see what develops with the injury as supported by medical evidence to determine if you have an action for pain and suffering against the driver of the other car.
Answered on Oct 19th, 2012 at 9:11 PM

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Yes. Make an appointment to see a lawyer.
Answered on Oct 19th, 2012 at 9:10 PM

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Dennis P. Mikko
You would have a claim against the other driver and owner of the vehicle if your injury arose to a serious impairment of a bodily function. Based on what you have said, it apears that it has affected your everyday life and would most likely meet the threshold.
Answered on Oct 19th, 2012 at 9:10 PM

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Yes. The pre-existing condition does not prevent you from recovering.
Answered on Oct 19th, 2012 at 9:09 PM

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Thomas Edward Gates
You have case against the individual that hit you. Your damages would include medical and lost work time. Because of your preexisting condition, you will get push back on the settlement.
Answered on Oct 19th, 2012 at 9:09 PM

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Debt Collection Attorney serving Fresno, CA at Nunes Law, Inc.
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You have outlined the preliminary facts of a negligence case. More information is required to see what can or should be done with your situation.
Answered on Oct 19th, 2012 at 9:08 PM

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Personal Injury Attorney serving Rosemead, CA at Mark West
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If you have medical proof that this accident caused the "new" bulging disc and reinjured and/or worsened the "old" bulging disc, you would have a claim for those injuries and for whatever you can prove was resultant damage therefrom (i.e. loss of income, pain and suffering, etc.) There of course are other issues involved, such as liability - did you stop short which contributed to causing the incident, but simply stated, if the other vehicle is at least mostly at fault you should have a claim.
Answered on Oct 19th, 2012 at 9:07 PM

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The fact that you are working does not diminish the value of your case. You will need a good doctor who can talk about your condition before the accident versus after the accident in order to maximize the value of the case.
Answered on Oct 19th, 2012 at 9:04 PM

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Personal Injury Attorney serving Portland, OR at Kaplan Law, LLC
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Yes you have a case. The bigger question is what is the value for this injury and all the harms and losses you have.
Answered on Oct 19th, 2012 at 9:04 PM

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Insurance Coverage Attorney serving Morgantown, WV
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Depending on the facts of your accident, you may have a case. Call today to take advantage of the free consultation a personal injury lawyer offers to evaluate your claim. Be sure to find a lawyer has a lot of experience with car accident cases and insurance issues. Accident victim scan be compensated for economic damages: actual dollar losses such as medical bills, lost wages, and lost future income earning ability. Pain, suffering,humiliation, loss of enjoyment of life, and grief over the loss of a loved one are some of the non-economic losses for which a person may receive compensation. Punitive damages are also awarded in rare cases which serve to punish a defendant for extreme negligence and serve to deter future similar conduct by that defendant and others.
Answered on Oct 19th, 2012 at 9:03 PM

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Personal Injury Law Attorney serving Naperville, IL at Law Office of Barry R. Rabovsky
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Call an attorney.
Answered on Oct 19th, 2012 at 9:02 PM

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Bankruptcy Attorney serving Overland Park, KS at The Smalley Law Firm, LLC
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You may have a case but the pre-existing condition may be somewhat of an issue. I suggest you consult with an attorney to discuss the details of your situation. I offer a free consultation and no up front cost to you.
Answered on Oct 19th, 2012 at 9:00 PM

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Automobile Accidents Attorney serving Portage, MI
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Call an attorney.
Answered on Oct 19th, 2012 at 8:59 PM

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Automobile Negligence Attorney serving Orlando, FL at Kelaher Law Offices, P.A.
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Yes, you do have a claim but it would help you very much to get a good personal injury attorney to help you through the pitfalls of making such a claim.
Answered on Oct 19th, 2012 at 8:58 PM

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