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  • Car Accident Litigation After Pre-Existing Condition

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    Old 06-17-2005, 09:45 AM   #1
    Lyn in Michigan
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    Car Accident Litigation After Pre-Existing Condition

    Hi All
    Has anyone successfully gone to a lawyer and won a law suit after having surgery and had a car accident. I was 6 weeks after surgery (ACDF on C5/6 6/7) with titanium pins and plates and donor bones and some woman pulled out in front of me and we collided. She was charged and I was taken to the hospital by ambulance. They said after x-rays that I had cervical strain /whiplash on the right side. My fusion never fused, my second donor bone disintegrated and I am still in so much pain after every kind of therapy, injections, chiropractor, medial branch blocks and radio frequency lesioning. I can't help but think that since the car accident I have felt worse. I didn't even get a chance to heal after surgery and when I call any lawyers they say I don't have a chance because I had a "pre-existing" condition. Well after having a "jack hammer" taken to my neck and the work I had done, wouldn't it hurt someone more with a fresh wound in their neck than someone that didn't just have surgery. Just wondering if anyone else has gone through this. My family doctor knows that I have not felt right since the accident which was over a year ago. She has sent me to several other doctors and my surgeon who did the surgery knows that I have felt worse!!!
    The worse part about all of this is that nothing shows up on any of the x-rays as changed in my pins and plates area and they say they can't help me because they don't see anything. I am very frustrated!!!!!
    Lyn in Michigan

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    Old 06-18-2005, 07:29 AM   #2
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    Re: Car Accident Litigation After Pre-Existing Condition

    You need to have an MRI not just x rays.Then compare the last MRI with the new one for any new changes.Also, just because you had a pre existing condition before the accident does not mean that you were not injured from the accident,It will just be a little harder to prove.Luckily for you, your doc also is aware of your changes in condition,that will help.The accident could also have exascerbated(?) your already bad condition.i would think that the other driver would have some responsibility in this no matter what.I would keep on looking for a good lawyer who likes a challenge.I hope you can get this all resolved.Marcia
    3-22-01,herniated C-6-7
    11-20-01,placement of hardware for failed fusion
    9-22-03,removal of cavernous hemangioma that was inside spinal cord. Neuro damage to L hand L leg and R leg.

    Old 06-18-2005, 06:01 PM   #3
    Lyn in Michigan
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    Join Date: Jan 2005
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    Re: Car Accident Litigation After Pre-Existing Condition

    Thanks for your advice on my car accident and hiring a lawyer. I have talked to several who don't want to bother with the case because of the pre-existing condition. I have contacted another lawyer that is going to call me on Monday to set up an appt. I have had an MRI done and also a Cervical Myelogram which showed I never fused!!!! My surgeon was going to try and operate again and extend the rod in my neck until I questioned him about a few things. He then told me that he didn't want to try and help me then. I guess he thought maybe I was going to take him to court!!!! I hadn't even thought about that but I guess he must have felt guilty for some reason. He really over re-acted and told me that he didn't need to listen to me anymore so my family and I left. He knew I had the car accident and he did tell me that at 6 weeks my surgery/fusion was still like gel and that it probably didn't help. Because I upset him questioning him I of course then didn't have the nerve to ask him if he would help me with my case against the woman who hit me!!!! I am certainly frustrated and probably will not do anything about it but my husband wants me to talk to this new lawyer just to see what he thinks. I am living with chronic pain and never even had time to heal from my fusion surgery and the woman got a $300.00 fine when we went to court. The worst part was after we collided, she tried to take off and thank god her car stalled and she couldn't get it going again so she had to get out of her car and come over to see how I was. She told the police that the car she was driving (a jaguar) was so new that she didn't even know how to operate it properly yet!!!! (nice eh)!!!! Thanks for taking the time to answer me. I really appreciate it. Take care.
    Lyn in Michigan

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