Spondylosis or spondylolisthesis

Can I Recover from the Insurance Company When Diagnosised with Spondylosis After a Car Accident?

    Spondylosis or spondylolisthesis is a degenerative condition in the spiHerniated Discne compromising the cushions between the spinal disks and the joints between the bonesof the spine.  The problem is that when these discs are compromised, the bones of the spine lose their place, sometimes pressing on the nerve, which can cause an auto accident victim a great deal of pain.   In essence, the shock absorbers of the spine are compromised. 

What Are the Most Common Spondylosis Related Complaints in Car Accident Cases?

Spondylosis can affect any disc.  Typically, our lawyers see a disproportionate number of cases of lumbar (back) spondylolisthesis at L4 and L5 that contribute to our clients’ pain from a car accident.   We also see cervical (neck) spondylolisthesis, most frequently at C4, C5 and C6.

How Do You Know If you Have Spondylosis?

Sometimes, a neck or back x-ray will show that the vertebra is out of place and that a disc is degenerating.  More often, a CT scan or MRI is ordered to providethe detailed disc images needed to confirm the diagnosis and understand the scope of the spondylosis.

What Causes Spondylosis?

Typically, spondylolisthesis is degenerative, which means your disc are wearing down as the result of the aging process and the toll physical exertion takes on your spine.

Does This Mean Spondylolisthesis Is Not a Part of My Accident Claim?

Yes and no.  Your car accident did not cause spondylolisthesis.  But what an auto accident can do is exacerbate your condition.  Sometimes, spondylosis patients have no symptoms until the accident, but because of this latent preexisting injury, they cannot heal quickly or fully from their injuries in spite of treatment.

How Does the Law Treat Spondylolisthesis in Car Accident Cases?

Actually, in the abstract, the trial value or settlement formula in spondylolisthesis cases is quite simple: you are entitled the medical treatment, lost wages and pain and suffering you had that you would not have had but for the accident. 

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What does that mean?  It means you are entitled to the damages you have suffered as a result of accident.  For example, your preexisting injury – say spondylosis in this case, causes you to have a pain level of 2 in your back.  As a result of your accident, your pain level has now risen to 7.  Your compensation from the accident is the medical treatment, lost wages, and pain and suffering, not for the pain level of 7, but for the difference between the pain level of 2 and 7.  There are two Maryland jury instructions that underscore this: the susceptibility instruction (Maryland Pattern Jury Instruction 10:3) and aggravation of preexisting condition instruction (Maryland Pattern Jury Instruction 10:4).

But while the settlement formula itself is easy, the application of the formula is where the battleground is fought in spondylosis or any other preexisting injury cases.  Typically, our accident lawyers are going to argue – usually supported by the treating doctors, which is almost invariably the situation if we have accepted the case – that the plaintiff’s suffering was caused either completely or partially by the car accident.  The insurance companies’ doctors argue that the plaintiff was already in pain prior to the accident and that their condition made them, essentially, a ticking time bomb.  The key is having a lawyer who isable to plainly articulate the difference between your issues before the accident and your current physical condition.

If you have a neck or back injury you believe has been largely or completely caused by an auto accident, call our accident lawyers at 800-553-8082 or 410-553-6000 or get a free online case consultation. 

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