Pre-existing medical problems that have been aggravated by someone’s neglect are damages you can recover. You may have experienced neck or back pain at some point during your life. Perhaps you’ve had to seek medical attention for that problem. However, even if you have had previous neck, back or shoulder surgery before, do not be discouraged – you still have a claim!
There is one important thing you should know: Always be honest with your medical provider. If you have had a previous problem with any body part, share it with your medical provider. This is crucial. Your doctor or chiropractor must be able to say that your injury was caused or aggravated by the accident. If your provider can say this to a reasonable degree of medical certainty or probability, your claim is much stronger with a higher likelihood of success.