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Can The Other Driver Blame My Back Injuries from A Motor Vehicle Accident They Caused on My Age or a Pre-Existing Back/Spine Problem?

You are driving at an average speed at night, well within the speed limit, in Newport News when another driver races up behind you, plowing into the back of your car at a much higher speed. You immediately experience excruciating pain in the middle of your back. First responders rush you to the hospital in an ambulance, X-ray and MRI imaging of your entire back and spine are taken. The radiologist interpreting the imaging tells you that you have multiple herniated discs superimposed on top of pre-existing degenerative changes in your spine. He explains that this means that your spine was already in less than perfect condition due to your age and the natural degenerative process of the spine beginning to wear out and getting worse with age at the time the accident occurred. He tells you the accident also caused additional injuries to your spine and back that were manifested on the imaging results in the form of several herniated discs. You did not suffer from back pain prior to the accident.

It may seem like a relatively open and shut case that you suffered back injuries due to the rear-end collision. The defense lawyers for the motorist that caused your injuries may attempt to either downplay or completely deny that their insured’s negligence caused you any injuries over and above the back and/or spine problems you already may have had. At Kalfus & Nachman, our experienced Virginia motor vehicle injury attorneys are familiar with these types of attacks being made when our client has experienced a back or spine injury in a motor vehicle accident. We have a tremendous amount of experience working with well-qualified and convincing medical experts to disprove the defense's theory and explain to the jury what actually occurred.

Aging and The Spine

As everyone ages, their spine becomes worse and starts to wear out. This is a simple fact of life that every person faces, regardless of how well he or she takes care of him or herself.

However, your lifestyle, weight, genetics, and other factors can either exacerbate or slow this natural degenerative process.

All things being equal; however, a person who is 20 years old is much more likely to have a healthier and more normal spine than someone in their 70's.

Depending on your age, weight, posture, and whether you live a primarily sedentary lifestyle like working 40+ hours per week at a desk, your spine may be in worse condition than someone younger, not overweight, competes in triathlons on the weekends, and works at a standing desk on the job. However, even that young person who exercises frequently and/or takes care of him or herself will develop back and spine problems sooner or later regardless of how well he or she takes care of him or herself. This is simply the nature of the human body.

Common Back and Spine Injuries in Motor Vehicle Accidents

Whiplash is a type of neck injury caused by the neck whipping back and then forward because of the violent reaction that occurs when a car traveling at a much higher rate of speed rear-ends another car. It is a common injury seen in victims of rear-end collisions.

Although seatbelts help to restrain motorists in such a circumstance, thus preventing the motorist from suffering more serious injuries, seatbelts can also sometimes worsen the soft tissue injuries like whiplash that accompany a rear-end collision. Nevertheless, motor vehicle accidents can also result in much more serious injuries than just whiplash. Herniated discs can occur due to trauma from a motor vehicle accident.

A broken or fractured vertebrae can also occur. All three of these types of injuries can occur in the absence of some sort of trauma, but the fact that you experienced one of them immediately after a rear-end collision is likely indicative of the fact that you were injured as a result of the motor vehicle accident.

What Fights May Arise Between the Parties About Back or Spine Injuries Suffered in a Motor Vehicle Accident

A common scenario in personal injury cases is a fight between the plaintiff and defense as to whether an injury and, in particular back injuries, were caused by the trauma from an accident or were instead the result of pre-existing or post-incident degeneration in a person's spine. The defense will insist the injuries were all attributable to your pre-existing degeneration in your spine and will trot out expert witnesses to support this version of the story.

An experienced Virginia personal injury attorney like the attorneys of Kalfus & Nachman will be able to work with experienced expert witnesses to explain to the jury in terms they will understand why your injuries were not the result of underlying pre-existing back problems you may not have even been aware of, but instead were the result of a motor vehicle accident caused by someone else's negligence. We have successfully defeated this claim by the defense before on behalf of our clients numerous times, and we can do it again on your behalf.

Contact the Experienced Personal Injury Attorneys at Kalfus & Nachman

At Kalfus & Nachman, our experienced Virginia personal injury attorneys have recovered millions in compensation for our clients who have been injured due to someone else's negligence.

At Kalfus & Nachman, we have experienced this very fight many times before. Defense lawyers and experts will do everything they can to minimize any back injuries you may have experienced as a result of an accident to any pre-existing back or spine issues you may have. We utilize the very best medical experts to explain why the debilitating pain that our clients are experiencing in their backs is the result of a motor vehicle accident rather than a pre-existing medical condition that afflicts everyone. Therefore, if you live in the Norfolk, Hampton, Newport News, Portsmouth, Virginia Beach, or Roanoke, Virginia, areas and have been injured as a result of someone else's negligence in a motor vehicle accident or in any other scenario, then please contact Kalfus & Nachman PC by phone today at (855) 880-8163 or through the form on this page to schedule a free consultation regarding your particular situation.

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