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causation-ddd vs.car accident ?

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M

mustang

Guest
i need some help. i am sorry if this will be long, but i want it to be accurate..

i was involved in a car accident in june98. to this i had a a muscle spasm in my back in 93 which resolved. the xrays at the time stated the disc spaces were intact and the facets were normal. since this accident, i have had xrays,cts and discograms.I had disc space narrowing on the xray the night of the accident. 2 months later a ct showed a central disc herniation and dural sac compression at the l5s1. 4 months after injury i had another set of xrays done which said herniated disc and osteophyte formation. The ins. docs wrote me off and said they could not find a cause for my ongoing symtomology, and that the above was a pre-exisiting condition. i had not a problem with my back since that muscle spasm. the xray saves me on that from 93. This was oct.98 and in feb 99 i saw an ortho of my choosing.in june 99 i finally had another ct done which showed the herniation and total collapse of the disc and nerveroot compression and also a buldge at the l4-5 as well as the l5-s1 with irregular osteophytes. the disco could not be completed as the needle would not fit into the disc space. i was put on a waiting list for lamenectomy and fusion of the l5-s1. the car insurance has blown me off and said i have d,d.d. and therefore pre-existing condition. i did not have any pain or problem before this darn accident. my clinical notes back it up that i did not see a doctor for this. i am sure a collapsed disc would cause pain and i would of known before the accident if it was there. i have had constant pain since the accident. i have been on morphine since nov 98. i went to see the defence doctor as required and i knew he would not write things in my favor, but he totally made me look like a drug seeking, pain focused,person and "my word should not be taken at face value" for these reasons. as my previous post stated he was aware i was scheduled for surgery and said i was not a surgical canidate and that he could not understand why my surgeon was performing the operation. my surgeon related my symtoms to the accident. he stated "that while i may have had something going on at that level, the accident aggravated all the symtoms." i have since had the surgery and i still have back pain and leg pain, but not as seviere as before. i also now have metal in my back and an 7-8 inch scar. i will never be the same. i know it is the ins.co job to play games, but i know it is from the accident,what can i do to prove "CAUSATION"? i can not believe they can get away with saying this considering everyone after the age 20 has degenerative changes in their spine. What does that mean...anyone over the age of 20 will have a problem proving their claim?

any help would be appreciated...thanks again
 


T

Tracey

Guest
The ins. co. is playing a delaying game with you. If they can string you along until the statute of limitations runs out, you can't sue them. Lots of states have a 2 year SOL for personal injury. I don't know what it is in Canada, but you need to see a lawyer FAST. Like tomorrow.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 
P

prairielaw3

Guest
As indicated in my prior response, this is not unusual from an insurance co. doc; causation will have to come from your treating doc and the logic of you history, and then it will be up to a jury to determine the credibility of the insurance co doc versus your surgeon. The insurance cos do this as sometimes it works... that why there always risk to litigation. You have to hope the jury sees through it; often they do, sometimes they don't.
George Senteney http://www.prairielaw.com
the global law community
 
M

mustang

Guest
dear tracey,

in canada, under the new legislation, you have to file a letter of intent within 120 days from the date of the accident. the ins. co's do not tell you this....and if you have not, you lose your right to sue..who knows what is wrong with them that early in the game? thanks for your post.

 
M

mustang

Guest
dear Mr. Senteney,

thank you so much for your response. it was direct and not candy coated. i had only seen my doc for some family problems prior to the accident 6 times in the last 5 years before the accident and perscribed diazepam ...nothing for my back or anything else than this. here in canada, a case is heard by judge alone, which i do not think is quite fair, but that is how it is done here. my question is, my surgeon said that the "accident aggravated all symtoms" is this enough to prove "causation"? i was just wondering how difficult it is to prove a case of double herniation as i am only 37?
 

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