Hit a deer near Rogers and my old back MRI exists am I screwed?
The worst mistake people make is saying, "My back was already bad," and handing the insurer a ready-made excuse.
No, you are not screwed in Arkansas because a prior injury does not wipe out a new claim. If the crash aggravated your old back problem, Arkansas law lets you recover for the worsening. That is the eggshell plaintiff rule in plain terms: the at-fault party takes you as they find you.
Before you know that, the old MRI feels fatal. The adjuster asks about prior treatment, compares your new complaints to old records, and tries to turn "you had degeneration" into "this crash caused nothing." That is how they weaponize an old scan.
After you know the rule, the question changes from "Were you perfect before?" to "What changed after this wreck?"
In a Rogers-area deer collision, that means documenting the before-and-after clearly:
- what pain level you had before
- what symptoms started or got worse after the crash
- new work restrictions, missed shifts, lifting limits, or sleep problems
- new imaging, prescriptions, PT, injections, or referrals
For a nurse or other healthcare worker, that difference often shows up fast: you could work a full shift before, then after the crash you cannot turn patients, stand for med pass, or tolerate a 12-hour shift.
If another driver caused the wreck or forced you into it and was uninsured, your UM coverage may matter. If you were 50% or more at fault, Arkansas's modified comparative fault rule bars recovery. Below that, your compensation is reduced by your share of fault.
Get the crash report from Rogers Police Department or Arkansas State Police if they responded, and keep every prior and post-crash record. In Arkansas, the usual deadline to sue for injury is 3 years, but the strongest aggravation claims are built early, while the medical comparison is still clean.
This is general information, not legal counsel. Your situation has details that change everything. If you were injured, speaking with an attorney costs nothing and could change your outcome.
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