Car accident- whiplash - previous undiagnosed injury now discovered

[MarySmyth]

Sister had car accident last October- subsequent problem with arm. shoulder and getting treated via physio etc. MRI showed that previous degenerative damage in neck and was exacerbated by soft tissue injury.

Expected to make full recovery re. neck strengthening exercises but previous generation will remain one would think.

She is hoping to recover medical expenses etc from third party- will claim be compromised?

 

[Leo]

When was the MRI taken? How do you prove she didn't have some subsequent incident?

 

[elcato]

MRI showed that previous degenerative damage in neck

Can she prove this was down to the car accident ? It would be difficult as they will argue it may have happened in some other circumstances i.e. sport, fall, sleeping pattern etc

 

[MarySmyth]

Mri

appreciate feedback- no previous complaints re. shoulder pain/ arm and GP can confirm

Specialist advised that the degenerative condition was not new and was developing over a period- even though the patient didn't know. The accident just brought the pain earlier than it would have come by itself

 

[Seagull]

My interpretation of that is that the whiplash aggravated an existing condition, rather than being the cause of it. Is that correct? I would imagine that would be grounds for disputing at least part of the medical bills.

 

[Leo]

You didn't say when the MRI was taken. If it was recently, no medical professional will categorically state the damage/exacerbation of the pre-existing condition was the result of the accident, so very doubtful any court would entertain that.