I had a RTA in 2001 which resulted in neurosurgery and spinal fusion. Despite having a good Neurosurgeon and Harley Street Rheumatologist as expert witnesses, I was only awarded £500 because the Defendant's expert witness, an "Emeritus Professor" would not accept my neuro symptoms were caused by the RTA and would have taken 3-4 months to gradually get worse leading to surgery. I had no neuro symtoms whatsoever before the RTA.
Unfortunately, as we have a pre-existing condition, it is always harder to prove injury as Defendants will always use the excuse we either had it anyway, or would have it in the future because of our RA and make a reduction. Something like a broken leg is easier, as its obvious we didn't have a broken leg before.
I suspect in your case, the Defendants will read your medical notes, see you had a pre-existing back problem and try to reduce any award of compensation that you might be entitled to. A lot of it boils down to how good your expert witnesses are against the Defendants in Court. Some Docs. are good on paper but can't maintain their stance before a Barrister or Judge.
Sorry to be negative but unfortunately that's the reality of it.
Carol
Carol
