Quick Answer: Worsening pain weeks after a crash can indicate a herniated disc, delayed nerve damage, developing scar tissue, or an undiagnosed fracture. Return to your doctor immediately and update your medical records. Do not settle your claim until you understand your full diagnosis and prognosis.
Cervical and lumbar disc herniations, spinal stenosis, and nerve damage often worsen progressively rather than peaking immediately. Insurers aggressively argue that worsening symptoms are 'pre-existing' or 'unrelated.' A documented medical history linking the accident to the progression is critical. Gonzales Law works with top Inland Empire medical specialists to ensure your injuries are properly documented and your case value reflects long-term prognosis.
Can I update my claim if new injuries are found?
Yes — as long as you haven't signed a release. This is why you should never settle before reaching Maximum Medical Improvement (MMI).
What is Maximum Medical Improvement (MMI)?
The point at which your doctor determines your condition has stabilized. Settling before MMI means you may not recover costs for treatment you still need.
What if the insurance company says my worsening pain is from a pre-existing condition?
This is a standard defense. California's 'eggshell plaintiff' rule holds defendants liable for aggravating pre-existing conditions. An attorney can fight this argument.
What types of injuries typically worsen over time?
Herniated and bulging discs, whiplash-associated disorders (WAD), nerve damage (radiculopathy), PTSD, and traumatic brain injury symptoms can all worsen or evolve over weeks and months.
Serving injured clients across the Inland Empire: Fontana, San Bernardino, Ontario, Rancho Cucamonga, Colton, Rialto, Riverside, and beyond. Call 24/7 for a free case review.