Can a Car Accident Cause Spondylosis?
Spondylosis is a degenerative condition of the spinal cord. Spondylosis causes chronic pain for a victim. That happens because spondylosis causes vertebrae to move out of place and press on nerves surrounding that area.
Spondylosis is a preexisiting condition. It is not caused by trauma, such as that from a car accident. But, while spondylosis cannot be caused by a car accident, it can aggravate an existing condition of spondylosis and cause new pain or other symptoms.
Spondylosis is a back condition that affects the discs of the spine. These are soft cushions that rest between the vertebrae and the joints between the bones of the spine. Spondylosis is a degenerative condion. It is progressive and often irreversible, marked by a deterioration of the spinal discs. As the discs wear out, they become hard and brittle. That reduces the spinal cord’s cushion. That causes immobility and pain.
So how does this connect to the physical trauma caused by a car accident? Spondylosis makes the spine more susceptible to injury during a car crash. The crash’s forces may aggravate or worsen a victim’s exisiting spondylosis. For example, the victim’s spodylosis may not have previously caused pain or mobility issues, but then starts to do so after the accident. Any impact from a crash can cause new or increased pain or other spondylosis symptoms.
A car accident victim can seek compensation for the new or increased spondylosis pain and symptoms even though spondylosis is a preexisting condition. That occurs under two possible legal theories. The gist of both theories is that negligent drivers take their victims as they come nad do not get a liability pass simply because the victim was already dealing with physical issues at the time of the accident.
The first theory is called the “eggshell plaintiff” rule. Under that doctrine, a victim with a preexisiting condition, like spondylosis, is still entitled to financial compensation even if the preexisting condition made the plaintiff more susceptible to injury. So if someone with spondylosis has no symptoms from that and is in a car accident, they can make a recovery for any spondylosis symptoms that arise after the crash and are connected to the crash. This is true even if the person with spondylosis (is an “eggshell”) suffered greater injuries in the crash because of that condition than would have been suffered by someone who did not have spondylosis.
The other applicable legal theory allows victims to recover compensation for the aggravation of a preexisiting condition, like spondylosis, that was already causing pain or other symptoms at the time of the crash. The car accident victim is entitled to compensation for increased pain or other symptoms that are tied to the crash. For example, if someone has spondylosis and their pain level is at a “2” before the accident, then increases to a “5” after the crash, they can seek compensation for the three-point increase in their pain.
Cases involving preexisting conditions are complex and often require legal assistance to ensure full and proper compensation. Please do not hesitate to contact us if you need assistance regarding a car accident.