QUESTION
Will my L5-S1 spinal fusion 8 years ago be considered as pre-existing condition?
Asked on Oct 01st, 2012 on Personal Injury - Florida
More details to this question:
Rear-ended sitting still. Speed of impact 55 mph. Total my 2009 Nissan. Having severe hip pain/whiplash and headaches question is, I had a L5-S1 spinal fusion 8 years ago. Will they say it is a pre existing condition? I am very active and have been running working out 3-4 days per week until accident. Now I can hardly get out of bed the pain is so bad. Need some advice. Hospital bills already $40,000 without the physical therapy I have to do 3 days a week.
19 ANSWERS
Criminal Defense Attorney serving Providence, RI
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The Law Office of Susan Pires
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You are an eggshell plaintiff, and your claim is taken as presented. A pre-existing condition is just that, a pre existing condition. It will not be used against you.
Answered on Jun 27th, 2013 at 12:39 AM
Litigation Attorney serving Olean, NY
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Black, Lyle & Habberfield, LLP
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Yes.
Answered on May 22nd, 2013 at 1:27 AM
Automobile Accidents Attorney serving Newport Beach, CA
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Tomalas Law Firm
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It is important that you understand that the law does not "penalize" a person for having a pre-existing condition. In fact the law says that the person who causes an accident "takes the plaintiff/victim [you] as they find them." But, the burden is on that victim to show how/if their pre-existing injury was aggravated and/or made them more susceptible to the injury they sustained in a subsequent collision/incident. I have passed our response to a very similar inquiry below (based on the facts I assume this may be a 2nd submission from you): Unfortunately, there is not an easy answer or "formula" to use in calculating what your claim is "worth." There are numerous different factors to consider; the most important of which is related to whether or not your prior injury was aggravated. We don't always suggest that a person needs an attorney to help them when they have been in an accident; however, in light of the significance of your bills, they way in which this has impacted your life and (again, most importantly) your pre-existing condition in your back, we strongly recommend that you consult with an experienced personal injury attorney. The reality is that the insurance company for the at-fault party will likely try to point to your history of back problems as a way of paying you less for your injuries, where as an experienced personal injury attorney very possibly could make that pre-existing injury one of the strengths of your claim/case. We specialize in representing injury victims like you and would be very interested in discussing your claim; the consultation is free and we do not get paid until/unless we are successful in recovering on your behalf.
Answered on Oct 06th, 2012 at 12:30 AM
You have a pre-existing condition.
Answered on Oct 03rd, 2012 at 11:35 AM
Bankruptcy Attorney serving Bellevue, WA
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Wild Sky Law Group, PLLC
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If your pre-existing condition was asymptomatic, they can try, but will fail to use it against you. Also, if your pre-existing condition made you "particularly susceptible" to injury, they are on the hook for it as well. You are probably going to need a lawyer to help you effectively battle an insurance company on this one. They aren't typically used to using the law, facts or logic in settling claims. .
Answered on Oct 03rd, 2012 at 11:28 AM
Brain Injury Attorney serving Baton Rouge, LA
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The Lucky Law Firm, PLC
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Yes, your prior medical condition may be considered a pre-existing condition especially if dealing with issues in the same area of the body.
Answered on Oct 03rd, 2012 at 11:26 AM
Ronald A. Steinberg
If some horse's patoot rear ended you while at a light, they take the injured party the way they find them. So, they cannot use your preexisting condition against you. They are responsible for your pain and suffering (serious impairment of body function). You go against your own auto insurance for the medical bills, lost wages, medical mileage and household replacement services.
Answered on Oct 03rd, 2012 at 11:15 AM
Criminal Defense Attorney serving Anderson, SC
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The David F. Stoddard Law Firm
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It is a pre existing condition, and they will certainly bring that out. This doesn't mean that you cannot show that the pre existing condition was aggravated, or that an entirely other body part (other level of the spine) was injured.If you are trying to do this without an attorney, my advice would be to get an attorney.
Answered on Oct 03rd, 2012 at 11:13 AM
It depends on your current condition. What is your diagnosis, prognosis, etc. Did the accident make your neck condition worse? It is critical to review your medical records as well as discuss this issue with your treating physician.
Answered on Oct 03rd, 2012 at 11:11 AM
You are what is known as an egg shell Plaintiff in that you had a pre-existing condition that made it more likely that you would be injured in a subsequent accident. Under the law you are entitled to recover money for increase in pain and medical bills caused by the accident itself. You could provide witnesses who will talk about your physical activity before the accident and after the accident. Additionally your medical records will reflect that you had not required any medical care for some period of time.
Answered on Oct 03rd, 2012 at 11:10 AM
Business Law Attorney serving Walnut Creek, CA
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Hirsch, Closson, McMillan & Schroeder, APLC
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The rule in California is you take your plaintiff as you find them. A defense lawyer will try to prove your symptoms pre-existed the accident. However, assuming you were as active as you say, and pain free, and can prove it, the defense is on the hook for all your injuries, even if they are more severe than they would have been had you never had the fusion.
Answered on Oct 03rd, 2012 at 11:09 AM
Bankruptcy Attorney serving Overland Park, KS
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The Smalley Law Firm, LLC
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I suggest that you consult with an attorney to discuss the details of this situation and ensure the best possible outcome. It may be considered a pre-existing condition, or argued that by the insurance company, but that will not necessarily prevent an offer being extended.
Answered on Oct 03rd, 2012 at 11:09 AM
Bankruptcy Law Attorney serving Livingston, NJ
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Law Office of Stuart M. Nachbar, P.C.
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Yes, it will be a pre-existing but you can show that you were pain free and active and this has caused new injuries.
Answered on Oct 03rd, 2012 at 11:07 AM
Personal Injury Attorney serving Charlotte, NC
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Paul Whitfield and Associates P.A.
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Yes, it is a preexisting condition but, under North Carolina law the insurance company is liable for an exacerbation of that condition. You need a top notch personal injury lawyer. do not try to deal with an insurance co yourself. They are trained to save money for the company.
Answered on Oct 03rd, 2012 at 11:06 AM
Personal Injury Attorney serving St. Louis, MO
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The S.E. Farris Law Firm
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You need a lawyer, and soon. It is likely that the new crash aggravated your fusion, causing pain. This is a much more complicated case than if you had no prior back injury.
Answered on Oct 03rd, 2012 at 11:04 AM
The direct answer to your question is yes, the defense/insurance company will try and lower the amount of money you may be entitled to because of your pre-existing injury. You should hire a personal injury attorney to handle this for you because the attorney will be more likely to maximize your recovery.
Answered on Oct 02nd, 2012 at 5:51 PM
Personal Injury — Plaintiff Attorney serving Taylor, MI
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Downriver Injury & Auto Law
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By definition, a pre-existing condition is a pre-existing condition.
Answered on Oct 02nd, 2012 at 5:50 PM
Personal Injury Attorney serving Marietta, GA
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Law Office of Ronald Arthur Lowry
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The fact that you had a spinal fusion can actually be used to your advantage. You are what is called an "eggshell plaintiff." That means you are more susceptible to injury than a normal person. You need an attorney who is an expert at personal injury cases ASAP. Do not talk to the liability insurance company representatives of the opposite party as they may try to trick you into inadvertently saying something that hurts your case (they are good at that). Get a lawyer and let him do the talking. Also, there may be medical payments coverage under your auto policy that will help with the medical bills. The attorney should help you identify that as part of his/her representation of you.
Answered on Oct 02nd, 2012 at 5:50 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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Yes, they will say that you spinal fusion is a pre-existing condition, but you are able to be compensated for an aggravation or an exacerbation of a pre-existing condition. If you were out running 3-4 days per week until the accident, make sure you can document that through neighbors, running buddies.
Answered on Oct 02nd, 2012 at 12:23 PM