My coworker said my old back injury kills my Watertown crash claim. True?
South Dakota's injury-claim clock is three years, and that shorter deadline has made insurers even quicker to lean on old MRIs and old chart notes.
No - a pre-existing back problem does not automatically kill your claim. In South Dakota, if a crash aggravated a prior condition, the at-fault driver can still be responsible for the worsening. The rule is basically: they take you as they find you, bad back and all. What they do not owe for is pain or limits you already had before the wreck.
In the next 24 hours: get seen and make the comparison clear. Tell the doctor exactly what changed after the crash in Watertown: more pain, new numbness, missed work, trouble walking, worse sleep, new lifting limits. Those details matter more than people think. Ask that your records note baseline before the crash versus symptoms after the crash.
If police did not already document it, make sure the crash was reported to Watertown Police, the Codington County Sheriff, or the South Dakota Highway Patrol. In South Dakota, crashes involving injury, death, or apparent property damage of $1,000 or more should be reported.
In the next week: collect proof showing the change, not just the condition.
- Prior records showing how you were functioning before
- New ER, urgent care, clinic, PT, or imaging records
- Photos of vehicle damage, ice, snow, or the scene
- A short daily log of pain, mobility, sleep, and work limits
This matters in winter crashes on roads like I-29, where black ice, crosswinds, and low visibility give insurers plenty of excuses to muddy the story.
In the next month: do not let the adjuster box you into "you were already hurt." If they ask for a recorded statement, be careful about broad phrases like "I've always had this." A better, accurate point is: the crash made an old condition substantially worse.
Also ask your treating doctor whether they can say, in plain terms, that the crash caused an aggravation of your prior injury. That one sentence can do more work than an old MRI ever will.
The information above is educational and does not create an attorney-client relationship. Every injury case turns on its own facts. If you're dealing with this right now, get a professional opinion.
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