Posted on: 14 January 2015
If an automotive insurance company is offering you a low settlement after an accident because you have cervical spondylosis, you need an experienced personal injury attorney such as Hammer, Ferretti, and Schiavoni for legal representation. This tactic is to be expected from an insurance carrier, as the underwriters look for reasons not to pay large amounts to injured persons.
How Insurance Companies Justify This Tactic
Cervical spondylosis, a common type of disc degeneration in the neck bones, tends to develop with aging due to general wear and tear over time. It's especially prevalent in people over age 65. Insurance companies view cervical spondylosis as a pre-existing condition that is the primary cause of your neck and back pain since the accident occurred, rather than the accident itself.
Even if you had never been diagnosed with the condition before, your medical records from treatment after the accident will verify that you have it.
The situation can be especially problematic for you if company investigators can find evidence that your neck or back pain was present before the collision. For instance, they may discover if back or neck pain ever caused you to:
- miss work or another activity
- complain about your discomfort to people you know
- seek conventional or alternative medical treatment
How Your Attorney Can Help
Your lawyer looks for confirmation that you did not experience back or neck pain before the accident, or that any discomfort you had before became significantly worse afterward. This is verified with strategies such as:
- reviewing previous medical records and comparing them with more recent ones
- obtaining testimony from witnesses, such as your relatives and co-workers
- obtaining testimony from expert witnesses, such as medical doctors who specialize in treating spinal disorders
Expert witnesses can confirm that physical injury may trigger or worsen spondylosis symptoms. Without this injury, you may never have developed pain associated with the condition, or it may not have become this unmanageable.
Your doctor also can confirm whether you suffered any new injuries during the accident that are responsible for your pain, rather than the pre-existing condition.
Getting a Personal Injury Lawyer
Personal injury attorneys offer free consultations and are paid on a contingency basis, so you do not pay any upfront fees. Instead, after you contract with a lawyer you want to hire, the attorney receives a percentage of your insurance settlement or court award. Begin contacting lawyers in your area as soon as possible so you can receive the compensation you deserve.Share