<![CDATA[Back surgery and hip and knee replacement surgery are quite common in the United States. If you have degenerative changes at the time of your motorcycle or automobile accident it becomes increasingly difficult to prove that the subsequent surgery was do in whole, or in part, by the mechanical forces involved in a collision. Often times the treating doctor or orthopedist is unwilling to testify that the injuries were caused by the crash. The defense attorney or insurance company will have their bought and paid for expert who will opine that the crash did not change the natural course of the pre-crash degenerative process. These experts will even go so far as to say that joint replacement or back surgery would have been inevitable regardless of the crash. In order to establish causation that the mechanism injury is from the motor vehicle or auto accident, three fundamental elements of injury causation need to be determined:
- Whether the injury mechanism had potential to cause the injury in question;
- The degree of proximity between the injury mechanism (accident) and the onset of symptoms reasonably indicating the presence of the injury;
- Whether there is a more likely alternative cause for the occurrence of the symptoms at the time of the accident.