Living with scoliosis requires a delicate structural balance. However, a single rear-end collision or T-bone accident can be the start of many problems. While scoliosis is a pre-existing condition, Colorado law is clear: a negligent driver is liable for the aggravation of your spinal curvature and the resulting chronic pain.
Scoliosis is an irregular curvature of the spine that creates unique structural vulnerabilities. The forces present in a collision often intensify pressure points, leading to what medical experts call “acute-on-chronic” pain.
After an accident, Denver victims with scoliosis should monitor for these critical indicators of aggravation:
Also, be aware of intensified myofascial spasms, which are severe tightening of the muscles struggling to stabilize an already compromised spine.
Insurance adjusters in Colorado often use a “pre-existing condition” excuse to devalue claims. They may argue the accident did not cause your back pain because the scoliosis was already there.
However, Colorado follows the eggshell skull rule. This legal principle dictates that a defendant is responsible for the full extent of the damages they cause, even if the victim’s pre-existing condition made them more susceptible to injury. You are entitled to compensation for the difference between your physical state before the crash and your state after the crash.
To overcome the insurance company’s excuses, a meticulous medical timeline is mandatory. Some useful documents are:
You should not be penalized for your medical history. An experienced Denver car accident lawyer understands how to apply the law and relevant case law to ensure your recent pain is treated with the seriousness it deserves. If a crash turns your manageable scoliosis into a debilitating burden, you have the right to hold the negligent party fully accountable.
