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New! and in pain!

Good Morning!

I am so glad I found a site that could help me. I am 23 years old and was rear-ended almost a year ago. I have 4 bulging disc in my neck and 2 pinched nerves as a result from that, which still cause me daily pain. I have been told by my lawyer that having 4 bulging disc from a car accident is very rare and because of that the insurance company says I have a pre-exsisting condition and will not give me anything past $5k, I went three times a week to pyshical therapy for 9 MONTHS and had cordozone injections in my back. I did have a nerve test done and they did find that it was due to the accident.

I have never had neck pain in my life prior to this accident. I also do not smoke or drink.

Could this have been pre-existing? I can't imagine that it is and I am just unlucky.

The pain that radiates down my arm comes and goes but does not let me lift heavy things or hold things for too long. I don't know what to do. I went to a nero-surgeon and they said that surgery at the moment is not reccomended because I am to young but I will most likely need it when I am older.

What do I do? Is their any test I can take or exams to prove that my condition is not pre-exsiting and infact will worsen?

They told me I would be fine within 6 months, my neck and arm pain have not gotten any better.

Thank you


  • Are you comfortable with your lawyer? I don't know what is normal for a car accident. I keep getting asked by doctors if I've been in an accident because of my spine issues, but I guess I was just not built right.You could try to appeal the decision of the health insurance company (with help from your or another lawyer).

    4 level ACDF C4-C7 5-2-11, laminectomy & discectomy L4-L5 1/26/12, ALIF L4-5, L5-S1 12/10/12.
  • bpreachersbbpreachers Posts: 147
    edited 02/28/2013 - 2:37 AM
    Sometimes a congenital defect in the spine can cause your spine to have issues that may not even have any symptoms. What likely happened (if it has been determined that your problems may have been pre-existing) is that the car wreck aggrevated a pre-existing condition. They try this in the military a lot. They even have a year mark for it. If you are under 8 years in the military anything that you have go wrong with your back can be deemed a pre-existing condition.

    I would fight the insurance company simply because even if the problem was already there the car wreck is still what caused it to become an "active" spinal issue. Because this problem was inflamed or made worse by the wreck I do not see how they can refuse to pay. I hate to say go to court but you need to get a good lawyer and push this through. Get statements from your doctors (physical therapist too but their statement will be given less weight) attesting to the fact that you never had problems previously based on your medical history and that this issue is a direct result of the car wreck and the deterioration that the wreck has caused.
  • I am 25 years old and found out that I had a slipped L5 disc in my teen years. However, after I was rear-ended in 2009, I found out that my nerve was pinched causing me extreme pain and numbness down my left leg. I, too, went to a lawyer and filed a claim against the girl who hit me and only got about $4K from that whole suit- the courts were claiming that my pre-existing condition had something to do with it. However, yes I had the slipped disc and it was causing me minor pain but nothing concerning until after the accident!! In October 2012, I finally went to the Orthopedic Surgeon (after many years/months of chiropractic treatment that did nothing and just dealing with the pain). Unfortunately I got news that I didn't expect- not only did I have a slipped disc, but I had a large herniation pressing on my sciatic nerve in 2 spots (which caused the numbness and pain down my left leg). degenerative disc disease, a pars defect (fracture) and spinal stenosis. This warranted me to go get 3 epidural corticosteroid injections, physical therapy and be on numerous nerve medicines - all without ANY relief! So, I was referred to the surgeon and decided to get another opinion by a neurosurgeon that was highly recommended by a friend who just had surgery. He told me that I needed surgery, and that with the non-surgical treatments being a failure, there isn't anything else. Now I am just waiting for a surgical coordinator to call to schedule it for May- it would consist of a spinal fusion of L5/S1 and a discectomy.... I am nervous out of my mind being so young, but the pain is unbearable sometimes. He said that he wouldn't usually recommend it for someone my age unless the pain wasn't responding to treatments (which it wasnt). He could just do the discectomy but he promises that I would be in the same place I am in due to the fracture. The orthopedic surgeon said the same thing- just wanted to do a more invasive procedure. I am confident that this is what is going to work for me..... just hope that the surgery and recovery goes smoothly! I sure hope that you get some answers, and I am sorry for your situation.... I know how you feel, I really do!? :(
    Olivia Douglass
    MIS TLIF L5/S1 on 5/1/13
  • Insurance companies are a real sore spot for me. Having dealt with them after my wife was rear-ended several years ago, I know that you better be ready to play as hard a ball as you've ever played with anybody, cuz they sure will. We landed up getting, all on our own, (which was maybe a mistake as we possibly should've been entitled to more), about triple what the insurance co. initially offered.

    In your case, I think they'd be hard-pressed to really prove that you had a pre-existing condition, but they'll try hard as you know what to prove it.
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