I was rear-ended about six weeks ago and have been experiencing pain in my upper back and right shoulder area. I have been seeing a chiropractor at least once a week and am unable to do some of my normal activities, such as exercising or even sleep. I will be seeing a pain specialist.
I did have back pain in the past, but my chiropractor confirmed the pain I have now is a result of the accident, because it is in a different area. The adjuster did not expect me to be in treatment long because the estimate for the car damages was “minimal.”
Will this prior back pain be a problem when it comes to my settlement? How much can I get for pain and suffering? I did not lose any time from work because the chiropractor is close to my office. Thank you.
Disclaimer: Our response is not formal legal advice and does not create an attorney-client relationship. It is generic legal information based on the very limited information provided. Do not rely upon the information in our response, or anywhere else on this site, when deciding the proper course of a legal matter. Always get a personalized case review from a local attorney.
Fortunately, your injuries don’t appear to be very serious. Your injuries are referred to as “soft tissue.” These injuries include sprains and strains of muscles, tendons, and ligaments, whiplash, back spasms, and the like. More serious hard injuries can include head trauma, fractures, deep gashes with scarring, 3rd degree burns, and the like.
There is little doubt that your prior back injury will reduce the amount of compensation you can hope to receive. The adjuster will likely say your recent injury is nothing more than an exacerbation of your previous injury. The adjuster will support her claim knowing the damage to your car was minimal.
You can realistically only hope to receive partial compensation for your chiropractic bills. As far as any amount for pain and suffering, you can be sure the adjuster will resist paying any amount whatsoever.
Learn more here: New Claim with Pre-Existing Injury
The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from a licensed attorney.
Best of luck with your claim,
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