My MRI Shows “Degenerative” Changes. Does That Mean I Can’t Sue?

by Friedman & Ranzenhofer, PC on April 4, 2012

in Buffalo Injury Questions and Answers

Over the past few decades, Buffalo personal injury attorneys have seen great changes in the way modern medicine diagnoses and treats injuries.  These changes have included radiologic imaging advances such as CT and MRI scans that allow doctors to more clearly see the underlying cause a patient’s symptoms.  In addition to showing injuries, these scans may reveal so-called degenerative changes – which occur slowly over a period of time as the body changes.

Many people have degenerative changes to various parts of their bodies, and such changes may be particularly pronounced in the elderly.  The problem for victims of personal injury accidents is that if degenerative changes are noted in the same area as the complained of injury, the defense will often attempt to pin all of the injured person’s symptoms on the degeneration that occurred as the person aged.

While the presence of a degenerative condition can complicate a personal injury lawsuit, an injured person is still entitled to recover damages if an accident exacerbated a pre-existing condition or caused additional injury to the same area.  If you were pain free prior to the accident or experienced greatly increased symptoms afterwards, it is still possible to obtain compensation for your injury.  It is just more difficult.

If you have suffered a personal injury, we can answer your questions at 716-542-5444.  Please give us a call.

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