If you need a Forest back and neck injury lawyer, you were hurt in a car wreck on US-80, MS-35, or the I-20 corridor through Scott County and the most important thing you need to understand right now is that your insurance company already has your prior medical history and is building a pre-existing condition argument before you have spoken to anyone. Back and neck injuries from car wrecks in Forest are the most aggressively discounted injury category in the Scott County claims process because the insurance industry knows that most people over 40 have some prior degenerative condition in their cervical or lumbar spine, and they apply that condition as a lever to reduce what they owe you. The TV lawyer running ads across central MS right now is at a charity gala in New Orleans while his secretary opens your file, finds your prior back treatment in your medical history, and accepts the adjuster’s pre-existing condition discount without ever making the adjuster account for what your wreck on US-80 actually caused.

The Eggshell Doctrine And Your Forest Back And Neck Injury Case

Under the eggshell plaintiff doctrine applied in MS, the at-fault driver takes the plaintiff as they find them. If the car wreck on US-80, MS-35, or the I-20 corridor through Scott County aggravated a pre-existing cervical or lumbar condition, the at-fault driver is responsible for the full extent of that aggravation. The pre-existing condition does not reduce their liability for what they caused. A defendant takes his victim as he finds him. The aggravation of a pre-existing condition caused by the wreck belongs to the at-fault driver. The insurance company’s adjuster knows this doctrine. He applies a pre-existing condition discount anyway and counts on the TV lawyer’s secretary to accept it. She accepts it because accepting is faster than fighting, and the volume model runs on speed.

Applying the eggshell doctrine correctly requires a medical expert who can testify to the distinction between what existed in your spine before the crash and what the crash caused. That distinction is documented through comparative imaging, treatment timeline analysis, and expert opinion on the mechanisms of injury on US-80 or MS-35 at the speeds involved. The TV lawyer’s secretary does not retain that expert. She reads the adjuster’s summary of your prior back treatment and accepts the discount. A lawyer who tries cases in Scott County Circuit Court retains the expert, builds the medical case, and makes the at-fault driver account for what they actually caused. The American Association of Neurological Surgeons has authoritative information on spinal injuries and the mechanisms of traumatic spinal damage that applies to back and neck injuries from car wrecks on high-speed corridors like US-80 through Forest.

What The Adjuster Is Doing With Your Pre-Existing Back Condition Right Now

The adjuster assigned to your Scott County back and neck injury file has already pulled your medical records through your health insurer’s data systems. He has identified every prior back treatment: the chiropractic visit three years ago, the MRI for the prior herniation, the pain management consultation, the prior surgery if there was one. He has built a pre-existing condition file before your first call with him. When he makes his offer, it will include a percentage reduction for the pre-existing condition. He will present that reduction as fair and reasonable. It is neither. It is a strategy. Under the eggshell doctrine, the question is not what your spine looked like before the crash. The question is what the crash on US-80 or MS-35 in Scott County added to your condition. The adjuster is answering the wrong question and hoping you do not know it.

Under Miss. Code Ann. Section 11-7-15, MS uses pure comparative fault. The insurance company will also assign partial fault to you for the crash itself, compounding the pre-existing condition discount. Two strategies, both running simultaneously, both designed to reduce what they owe you. The TV lawyer’s secretary accepts both. A lawyer who tries cases in Scott County Circuit Court fights both.

The Fee Betrayal Math On Your Forest Back And Neck Case

His fee is 40 percent. His itemized costs come off the top. On a Scott County back and neck case he settled fast because he accepted the pre-existing condition discount and the comparative fault assignment without retaining a medical expert, his 40 percent of that reduced settlement plus his itemized costs: medical records fees, filing fees, fee fi fo fum fees, fees for the expert he never hired, fees for the eggshell argument he never made, fees for the charity gala in New Orleans where he was when the adjuster applied the pre-existing discount, fees for the Lamborghini, fees for the Destin condo, fees to rob you blind, scam fees, handling fees, administrative fees to make absolutely certain he walks away with more money than you do from your own back and neck injury in Scott County. That math can easily leave the injured person in Forest with less money than the lawyer who never fought the pre-existing condition discount.

Every Forest back and neck injury case I take is covered by the Foster Fair Fee Guarantee. Written. In your contract. Before I do a single thing on your case. You walk away with more money than I receive in fees. Every case. No exceptions. No other Forest back and neck injury lawyer advertising in Scott County will put that in writing. I will. The TV lawyer at the New Orleans gala will not.

What A Real Forest Back And Neck Injury Investigation Looks Like

On the day you call me about a back and neck injury from a car wreck on US-80, MS-35, or the I-20 corridor through Scott County, preservation demands go out immediately to businesses on the crash corridor. I pull the crash report and review every physical evidence notation. I retain a medical expert to document your pre-crash baseline condition through your existing imaging and treatment records, and to establish through new imaging and expert opinion exactly what the crash on US-80 added to your condition. I apply the eggshell doctrine to every component of the adjuster’s pre-existing condition argument. I do not accept the pre-existing condition discount. I make the adjuster account for what the crash caused.

The full framework for Forest car wreck cases is at Forest Car Wreck Lawyer. The statewide resource is at Mississippi Car Wreck Lawyer. If you want a quick cheap settlement and a secretary handling your Forest back and neck injury case, the TV lawyer is perfect for you. Get the book first.

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What Is The Eggshell Plaintiff Doctrine And How Does It Apply To My Forest Back And Neck Injury?

Under the eggshell plaintiff doctrine applied in MS, the at-fault driver takes the plaintiff as they find them. If the car wreck on US-80 or MS-35 in Scott County aggravated a pre-existing cervical or lumbar condition, the at-fault driver is responsible for the full extent of that aggravation. The pre-existing condition does not reduce their liability. The insurance company applies a pre-existing condition discount anyway and counts on the TV lawyer’s secretary to accept it. A lawyer who applies eggshell correctly retains a medical expert to establish exactly what the crash caused and makes the adjuster account for it.

Can I Still Recover If I Had A Prior Back Injury Before My Forest Car Wreck?

Yes. Under the eggshell plaintiff doctrine, the at-fault driver who caused your wreck on US-80 or MS-35 in Scott County is responsible for what they caused regardless of your prior condition. If the crash aggravated your prior back condition, that aggravation belongs to them. The adjuster will try to discount your claim based on prior treatment. A lawyer who tries cases in Scott County Circuit Court retains the expert needed to establish what the crash added to your condition and fights the pre-existing condition discount with medical evidence.

How Long Do I Have To File A Back And Neck Injury Lawsuit In Forest MS?

Miss. Code Ann. Section 15-1-49 gives you three years from the date of your Forest car wreck to file suit in Scott County Circuit Court at 100 East First Street in Forest. But US-80 business camera footage overwrites in 24 to 72 hours and your medical documentation needs to be started immediately. Get the book before you talk to any adjuster and before you give any recorded statement about your prior medical history.

What Damages Can I Recover For A Back And Neck Injury From A Scott County Car Wreck?

Damages in a Scott County back and neck injury case include past and future medical expenses including surgery and physical therapy, lost wages, loss of earning capacity, physical pain and suffering, mental anguish, and loss of enjoyment of life. The eggshell doctrine extends your recovery to the full aggravation the crash caused regardless of prior conditions. The TV lawyer accepts the pre-existing condition discount and the reduced settlement. Building the full picture requires medical expert documentation from the beginning.

Does Jay Foster Handle Back And Neck Injury Cases From Car Wrecks In Scott County?

Yes. I handle back and neck injury cases from car wrecks on US-80, MS-35, I-20 at Exits 100 and 108, and throughout Scott County. Cases file in Scott County Circuit Court at 100 East First Street in Forest. Get the free book using the form on this page before you give any recorded statement about your prior medical history or sign anything.

P.S. The adjuster reviewing your Scott County back and neck injury file has already found your prior back treatment. He is not going to tell you he found it. He is building the pre-existing condition discount into his offer right now. The TV lawyer is at a charity gala. His secretary is in the queue. Neither of them is applying the eggshell doctrine. Get the FREE book. Find out what your Forest back and neck injury case is actually worth before the adjuster tells you what the pre-existing condition discount leaves.

▼ Get Your FREE Book Right Now ▼
Fill Out The Form Below And I Will Send It Immediately