Do I have a case since I was rear-ended and I now have a bulging disc and sprain? 32 Answers as of November 02, 2012

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.

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Lapin Law Offices
Lapin Law Offices | Jeffrey Lapin
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.
Answer Applies to: Nebraska
Replied: 11/2/2012
Paul Whitfield and Associates P.A.
Paul Whitfield and Associates P.A. | Paul L. Whitfield
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.
Answer Applies to: North Carolina
Replied: 10/23/2012
Law Offices of Ronald A. Steinberg & Associates | Ronald A. Steinberg, BA, MA, JD
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.
Answer Applies to: Michigan
Replied: 10/23/2012
Stephens Gourley & Bywater | David A. Stephens
Yes, you have.
Answer Applies to: Nevada
Replied: 10/19/2012
Burton Guidry
Burton Guidry | Burton P. Guidry
YES. Get a LAWYER RIGHT AWAY. Pre existing conditions are sometimes an issue, but you have an MRI with additional injuries as well. You can recover for aggrevation of that preexisting problem. GET A LAWYER. You have one year from the accident to do so in Louisiana.
Answer Applies to: Louisiana
Replied: 10/19/2012
    E. Ray Critchett, LLC
    E. Ray Critchett, LLC | Ray Critchett
    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.
    Answer Applies to: Ohio
    Replied: 10/19/2012
    Dunnings Law Firm
    Dunnings Law Firm | Steven 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.
    Answer Applies to: Michigan
    Replied: 10/19/2012
    Mike Yeksavich | Mike Yeksavich
    Yes. Make an appointment to see a lawyer.
    Answer Applies to: Oklahoma
    Replied: 10/19/2012
    Dennis P. Mikko Attorney at Law | 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.
    Answer Applies to: Michigan
    Replied: 10/19/2012
    Hirsch, Closson, McMillan & Schroeder, APLC
    Hirsch, Closson, McMillan & Schroeder, APLC | Paul Schroeder
    Yes. The pre-existing condition does not prevent you from recovering.
    Answer Applies to: California
    Replied: 10/19/2012
    Gates' Law, PLLC | Thomas E. 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.
    Answer Applies to: Washington
    Replied: 10/19/2012
    Law Offices of Frank M. Nunes, Inc.
    Law Offices of Frank M. Nunes, Inc. | Frank M. Nunes
    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.
    Answer Applies to: California
    Replied: 10/19/2012
    Law Offices of Mark West
    Law Offices of Mark West | Mark West
    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.
    Answer Applies to: California
    Replied: 10/19/2012
    Law Offices of Stanley S. Lopata
    Law Offices of Stanley S. Lopata | Stan Lopata
    From the facts that you presented it is very likely that you do have a case. Consideration must be given to the amount of insurance the other guy had (or the limits of your own uninsured/underinsured insurance policy). You should discuss the situation with a lawyer, almost all lawyers will not charge you for an initial consultation.
    Answer Applies to: California
    Replied: 10/19/2012
    Adler Law Group, LLC
    Adler Law Group, LLC | Lawrence Adler
    Yes. You may have a very good case. You should talk to counsel and begin the matter asap. Feel free to call for a free consultation.
    Answer Applies to: Connecticut
    Replied: 10/19/2012
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Sounds like you have a case.
    Answer Applies to: California
    Replied: 10/19/2012
    WARM SPRINGS LAW GROUP | Elliott D. Yug
    Talk with a personal injury attorney.
    Answer Applies to: Nevada
    Replied: 10/19/2012
    Sedin Begakis & Bish | Mindy Bish
    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.
    Answer Applies to: California
    Replied: 10/19/2012
    Meyer & Kiss, LLC
    Meyer & Kiss, LLC | Louis J. Meyer
    Yes you have a case to recover damages from the negligent party. You should contact an attorney right away. You will want to make sure the other driver is found guilty of any citations that were issued and that your claim is filed right away. Feel free to contact me for a free initial consultation.
    Answer Applies to: Illinois
    Replied: 10/19/2012
    Matthew D Kaplan LLC
    Matthew D Kaplan LLC | Matthew D Kaplan
    Yes you have a case. The bigger question is what is the value for this injury and all the harms and losses you have.
    Answer Applies to: Oregon
    Replied: 10/19/2012
    Robinette Legal Group, PLLC
    Robinette Legal Group, PLLC | Jeffery Robinette
    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.
    Answer Applies to: West Virginia
    Replied: 10/19/2012
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    Call an attorney.
    Answer Applies to: Illinois
    Replied: 10/19/2012
    Lewis B. Kaplan | Lewis B. Kaplan
    Sounds like you have a valid claim with which a lawyer can help.
    Answer Applies to: Illinois
    Replied: 10/19/2012
    Tenge Law Firm, LLC
    Tenge Law Firm, LLC | J. Todd Tenge
    You certainly have a claim for bodily injury resulting from the car accident. The fact that you had a pre-existing condition will be an issue, but certainly not an insurmountable one. You have a right to compensation for all injuries, damages and losses caused by the accident. So, if you lost work income, sustained an injury which made your pre existing back problems worse, or if you sustained a new/different injury to your back they are all compensable. You really ought to speak to a qualified personal injury lawyer about your situation.
    Answer Applies to: Colorado
    Replied: 10/19/2012
    Victor Varga | Victor Varga
    Yes, you have.
    Answer Applies to: Maryland
    Replied: 10/19/2012
    W Morris Taylor, PC | W Morris Taylor
    you certainly have a claim; however amount of recovery depends upon a lot of different facts. You should consult with an atty to determine whether causation can be established re the new MRI disc & the severity of the injury & impact. Insurance companies routinely deny these type of exacerbation type injuries. Act quickly to maximize your claim.
    Answer Applies to: Missouri
    Replied: 10/19/2012
    Rags Beals Seigler Patterson & Gray
    Rags Beals Seigler Patterson & Gray | Ronald D. Reemsnyder
    You have a very good claim. The Defendant has to accept you as you are - your prior condition included. Making your condition worse is compensable. Sent from my iPhone Confidentiality Notice: This email is intended only for those addressees shown in the " to" and "cc" headers. Please delete this email if you are not such an intended recipient. Review of this email by other than the intended recipients does not waive the attorney client , work product or other privileges. Only clients may rely on this email- if you are not my client, please be advised that I am not providing legal advice to you.
    Answer Applies to: Georgia
    Replied: 10/19/2012
    The Smalley Law Firm, LLC | Cary Smalley
    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.
    Answer Applies to: Kansas
    Replied: 10/19/2012
    Timiney Law Firm
    Timiney Law Firm | Leigh Anne Timiney
    I am very sorry to hear about your injury. It does sound like, from what you describe, you have an injury case you can pursue. Although sometimes insurance companies like to look to prior injuries as a way to minimize the damages they are liable for, it sounds in your case your pre-existing injury was a significant period of time ago, which had essentially healed. It also sounds like your new disc injury is at a different level than your previous injury. I would suggest you contact an attorney in your area who specializes in personal injury and seek a consultation. He or she will be able to hear all of the facts of your case and give you a fully informed opinion as to what your legal options are at this time. Most personal injury attorneys offer free consultations. Good luck to you! I hope you feel better soon.
    Answer Applies to: Arizona
    Replied: 10/19/2012
Click to View More Answers:
12 3 4 5 6 Free Legal QuestionsConnect with a local attorney