RTA solicitor explains how to determine the amount of compensation you can claim if you have a pre-existing back disability and following a road traffic accident you suffer whiplash and enhanced back pain.
Road traffic accident victim question
I was driving my car on a main road in Southampton on my way to Brighton when a car pulled out of side road without indicating and warning and hit the passenger side of my car causing my car to violently spin, hit the central barrier and causing my car to come to a complete stop/
An ambulance was called and I was diagnosed with whiplash and lower back pain. My lower spine already has a long-term recurring permanent defect and the accident intensified my pain in this area and caused a new injury – namely the whiplash neck injury.
How is it possible to determine what the average payout would be for my neck and back injury given the fact that I have well documented problems already with my spine?
Road traffic accident solicitor response
The only way to establish how much your claim is worth is to instruct a specialist solicitor to obtain an independent expert medical report from an orthopaedic surgeon setting out your back problems prior to the accident and the nature of the new injuries.
The neck whiplash injury appears to be a new injury, but future symptoms might be limited due to a degenerative problem with your spine. In other words – looking at scans of your spine the expert can determine whether you were at risk in the future of having neck problems and if so when you might have developed such pain in the absence of the RTA. Your claim could then be limited to this time period.
So far as the back pain is concerned – you already have a disability so the medical expert must examine your medical notes prior to the accident and determine whether you have suffered an exacerbation of your existing back problem or a new problem has been caused.
Based upon this report the amount of compensation you can claim can be valued by your RTA solicitor looking at case law and judicial guidance.
How to speak to a RTA solicitor free of charge about your claim
If you would like commence your RTA claim online or speak to me in person click pre-existing spinal problem whiplash neck / back injury claim payout amounts.