Q: I had back surgery about 5 years and all was fine got in a car sccident and my back been hurting. Can i sue?

A: If you have been in an accident in Oregon and the date of the accident was within the last two years, you would still have thr right to seek damages for any injuries related to the accident. Your injuries can involve the aggravation of a prior injury or claiming that you were more susceptible to injury due to a prior infirm condition. However you need to hire an attorney at soon as possible. Insurance companies have learned that they can avoid paying damages if they give people a hard time and when they see someone coming who is not represented by an attorney they just smile. Of course they may offer you some token amount to go away, but by the time you realize what I have just told you is true, you wll probably have said too much to the insurance adjuster that they can use to minimize your claim when you later hire an attorney. It is much better to avoid discussing your claim with the other driver's insurance company and immediately hire an attorney as soon as you are able following an accident. (You will want to give a statement to your own insurance company but you can talk to an attorney before you do that.

Also be aware that there are complex rules that give a lot of people rights to share in your recovery. Your own health insurer will have a contractual right to get reimbursed if you use your HMO to cover your medical treatment. Your auto insurance carrier will have a right to get reimbursed if you use the medical coverage under your auto policy, PIP. You could also be subject to an ongoing medicare lien for future treatment if you are currently collecting SS or SSD and eligible for Medicare. This is because Medicare has special rules to require a portion of an auto accident settlement to be set aside to pay for future medical care related to the car accident injury. All in all it is complex and an experienced personal injury lawyer can help you navigate all the pitfalls.

A: I'd agree with Ms. Reisman--note a lot will depend on what the records say about your condition before the wreck; also the condition would have predisposed you to having potentially more significant injuries than you would have had and the law says that this doesn't mean the other side can claim that if you hadn't been in a state that was somewhat compromised you wouldn't have been hurt. Why not contact a member of the Oregon Assn for Justice? They give free consultations and take cases on a contingent fee. This is not a case you want to try to resolve yourself.