The spinal column is a system of circular vertebral bones that form the body’s upright support system and protect the spinal cord. The cushioning disks between each vertebra allow for flexibility and prevent friction between the bones during movement. Unfortunately, as we age, the discs separating the vertebrae degenerate and dehydrate, becoming stiffened. Sometimes, this causes the discs to crack or rupture.
Spondylosis causes pain and stiffness and reduces the back’s flexibility. Unfortunately, the stiffness and inflexibility of the spinal column caused by spondylosis leave it more vulnerable to injury during the force of a car accident. If you’ve sustained a spinal cord injury following an accident, take extra precaution to document your case and build your claim.
How Does a Car Accident Worsen Spondylosis?
The crash force of a collision propels the body forward at the speed the car was traveling until the car’s seatbelt suddenly snaps them back against the seat. This powerful, whip-like back-and-forth motion puts the structures of the spinal column under tremendous strain. The faster the vehicles are traveling during a collision, the more destructive the crash force becomes to the spine. For example, a 150-pound person becomes a 6,750-pound force in an accident at 45 miles per hour and a 10,500-pound force at 70 miles per hour. The crash force of a car accident often causes back and neck injuries, but when a motorist has spondylosis, they are far more vulnerable to serious spinal column injuries with lasting impacts and chronic pain.
What If the Insurance Company Says I Have a Pre-Existing Condition During My Car Accident Claim?
In fault-based car accident states like Missouri, an injury victim seeking compensation files a claim against the responsible driver’s insurance. Unfortunately, insurance companies exist to make profits, which means their goal conflicts with that of the injury victim who deserves full and fair compensation for their injury. One method insurance companies use to deny claims is based on an injury victim’s pre-existing condition, like spondylosis. Sadly, many accident victims accept the insurance company’s denial strategy without consulting a car accident attorney. An accident victim with spondylosis has the right to compensation when a car accident worsens their existing condition. Over 60% of people over the age of 60 have spondylosis. Many experience no symptoms of the degenerative condition until a car accident worsens the condition by causing a degenerated disc to rupture or by causing soft-tissue inflammation against the nerves. The evidence in a successful car accident claim for a person with spondylosis must show that the accident worsened the condition.
Documenting Evidence In Car Accident Claims In Spondylosis Cases
First, evidence from the car accident investigation must show that another party was responsible for the accident in order for the injury victim to recover the full value of their injury claim. If the injury victim contributed to the accident, the insurance company subtracts the injury victim’s percentage of fault from the payout on their claim. In addition to proving that the at-fault party’s negligence caused the accident, an injury victim must demonstrate that they suffered an injury with resulting financial damages as well as physical harm. For those with a pre-existing condition of spondylosis, this requires a medical report and imaging tests detailing the worsened condition caused by the car accident.
If the injury has caused the injury victim to miss work, the claim requires a statement from an employer and often medical expert testimony explaining how the injury limits mobility, causes chronic pain, and results in temporary or permanent disability, depending on the injury’s severity. If the insurance company continues to deny the claim based on a pre-existing diagnosis of spondylosis, an accident victim with an assertive car accident attorney may be able to recover additional compensation through a bad-faith insurance claim.