Were you in a rear-end car accident in Monroe, Georgia and now have lower back pain?
If so, you may be wondering if you can still sue the at-fault driver if you have a history of lower back pain.
The answer? Yes, you can bring a lawsuit for lower back pain and injuries even if you have a history of lower back pain, as long as the new injury was an aggravation of the prior lower back injury.
WHAT IS AN AGGRAVATION OF A PRIOR LOWER BACK INJURY?
For example, prior to the car accident, you may have had a mild lower back issue such as a muscle strain or tightness that gave you trouble when bending over and lifting heavy objects, but generally did not give you a lot of pain or problems.
Then the car accident occurred, and your pain was severe, constant, and throbbing, and you now have a fractured lumbar spine or a herniated disc in your lumbar spine.
This is an example of an aggravation of a lower back injury. While you already had lower back issues before the car accident, the car accident made your lower back issues much worse.
You are allowed to sue the at-fault driver for aggravating your lower back issues.
Many insurance companies will try to tell you your case is not worth very much because you already had prior lower back issues leading up to the car accident, but as long as there is an aggravation of your lower back injuries, you have a claim for damages.
CONTACT BARTLETT BENTON
If you have lower back pain because you were in a rear-end car accident in Monroe, Georgia and would like a free case evaluation, please call Bartlett Benton at 770-365-6414.