Florida has a large number of retirement-aged residents and drivers. Understandably, as we get older, our bodies start to wear down, which can lead to certain conditions like cervical spondylosis. Though this is a degenerative condition causing the victim to suffer stiffness, pain, and nerve issues, a traumatic event like a car accident can worsen the condition, possibly even trigger it. Therefore, you could file a claim and seek a cervical spondylosis car accident settlement
If you have been diagnosed with cervical spondylosis and are dealing with pain following a car accident, aFort Lauderdale car accident attorney could help you build a car accident neck injury claim. Learn more about pursuing compensation for your injuries.
Understanding Cervical Spondylosis
Cervical spondylosis is a degenerative condition affecting the discs in the vertebrae of the neck. With age, these discs lose their elasticity and deteriorate. The space between the joints will then shrink, pinching nerves and causing pain. In some cases, patients develop bone spurs (osteophytes).
Symptoms typically include:
- Neck pain and stiffness
- Radiating pain, numbness, or tingling in the shoulders, arms, or hands
- Headaches, muscle weakness, or balance issues
The most common cause of this condition is natural aging. Many people have mild cervical degeneration without symptoms. However, the wear and tear on these joints, though, can be exacerbated by repeated stress or trauma, such as a car accident.
How a Car Accident Can Aggravate Cervical Spondylosis
Car accident victims will experience massive forces that can create injuries or worsen existing ones, like cervical spondylosis. Whiplash and sudden force impact on the neck can cause an acceleration of the existing degeneration. It can also cause the development of acute symptoms even if the condition was previously asymptomatic.
Legal Considerations for Filing a Car Accident Spinal Injury Claim
In any action based on negligence, we must prove four key elements:
- Duty of care: The other driver’s legal obligations
- Breach of duty: The other driver’s deviation or error
- Causation: The resulting accident and injuries
- Damages: The losses the victim suffered
For a successful cervical spondylosis injury settlement, establishing causation will be imperative. We must be able to link the accident to your cervical spondylosis. To prove causation, we will need medical evidence, such as:
- Diagnostic tests
- MRI, X-rays, and CT scans
- Doctor’s notes
- Emergency room records
- Prescriptions
- Therapy and rehabilitation
- Assistive devices
- Expert testimony
- Medical bills
However, you must see a doctor as soon as possible following the accident. Any delay in medical evaluation and treatment can be misconstrued by an insurance adjuster and affect the viability of your claim.
The “Eggshell Plaintiff” Rule
Insurance companies will look for opportunities to devalue and deny your claim, but having a pre-existing condition will not affect your right to compensation. Under the legal principle of an “eggshell plaintiff,” the defendant is responsible for any injuries they cause, regardless of the condition of the plaintiff. If their actions cause a pre-existing condition to worsen, they are still responsible.
Other Challenges in These Cases
The insurance company may also argue that the plaintiff’s symptoms are due to natural aging, not the accident. Also, you could have difficulty proving the accident worsened the pre-existing condition if you were never diagnosed before the accident.
You Must File Before the Statute of Limitations Expires
If the insurance company will not agree to a fair settlement, we must be prepared to move our arguments from the negotiation table to the courtroom. For a neck injury lawsuit in Florida, you typically havetwo years from the date of the accident to file a lawsuit with the Broward County courts. If you miss this deadline, the courts will bar your case, and the insurance companies will cease negotiations.
Potential Compensation You Could Recover
Through a claim, you could seek the following types of economic and non-economic damages:
- Medical expenses (past and future)
- Rehabilitation and therapy costs
- Pain and suffering
- Lost wages
- Loss of earning capacity
You may have additional damages not listed here.A law firm can investigate your case and compile a complete list of damages for your claim.
Steps to Strengthen Your Neck Injury Claim
Though it may be difficult to link your accident to your cervical spondylosis, there are actions you can take that will improve your chances of a successful claim:
- Seek immediate medical attention
- Following through on all medical treatment
- Keep detailed symptom and treatment records
- Consult an experienced personal injury attorney early.
Remember, any delay in action or gaps in treatments can be used against you when seeking compensation. Also, avoid giving any recorded statements before speaking with our law firm first. We can protect you from saying anything that could weaken your case.
Get Legal Help for Your Cervical Spondylosis Car Accident Claim
Call the Law Offices of Wolf & Pravato at (844) 643-7200 today. We offer free case consultations for accident victims. We can review your case, explain your legal options, and discuss how aFort Lauderdale personal injury lawyer can help.