Back or neck injury after a Dallas crash: how an old condition affects your claim

An old back problem does not end a Texas claim. The state supreme court says a defendant takes the injured person as found. But you will need scans, because an x-ray cannot diagnose a herniated disc. A spinal claim has the general 2-year Texas deadline to sue.

Last checked November 9, 2026 · Official sources (35)

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Road map of Dallas showing Harry Hines Boulevard, where Parkland Hospital keeps its records office
Old back pain does not end a Texas claim, but you need scans. Map data © OpenStreetMap contributors.

Can I claim a back or neck injury in Dallas if I had back pain before?

Yes, if the crash made it worse or caused a new injury. So an older back problem does not cut off a claim for the part the crash made worse. That matters because disc wear is common. A study of people with no symptoms found wear in 37 percent at age 20 and 96 percent at age 80.

So the question is not whether your spine was perfect. It is what changed. Old records help you here, not hurt you. A note from last spring that says mild stiffness, set beside a new scan and arm numbness, tells the story.

Which scans show a herniated disc?

TestWhat it showsLimit
X-rayBones onlyCannot diagnose a herniated disc
MRIDiscs, ligaments and nerve rootsMay show wear that was already there
CTShows the herniationYour doctor decides which scan fits
EMGFinds which nerve root is hurtOrdered by a specialist

Call a provider after a blow or fall. Go sooner for numbness, weakness, or loss of bowel or bladder control. Lower back disc injuries can send sharp pain into the leg, hip or buttocks. Neck injuries can send pain into the arm and fingers.

What kinds of Dallas crashes cause neck and back injuries?

TxDOT counted 24,677 crashes in Dallas in 2025. The city's Vision Zero work found that left turns made up 10 percent of crashes among its seven focus factors, and that severe crashes cluster from 6 p.m. to 9 p.m. A driver turning left across your lane in the evening is a common way to be hit from the side.

Get help at once. Parkland, Baylor University Medical Center and Methodist Dallas hold Level I trauma status. If you were admitted within 72 hours, the hospital may have a lien on your recovery.

Who pays for back and neck treatment after a Dallas crash?

  • Your health insurance, if you have it, often pays first.
  • Personal injury protection on your own policy can pay reasonable medical costs for you and your household.
  • The at-fault driver's liability policy, which must carry at least $30,000 per person.
  • Your uninsured or underinsured motorist coverage, which Texas requires insurers to offer unless you reject it in writing.

Medical recovery in a Texas suit is limited to amounts paid or owed, not the full list price. In a Dallas back injury suit, a sworn billing affidavit can prove the bills were reasonable but not that the crash caused them.

How do I get the Dallas crash report for a neck or back injury?

Dallas Police charge $6 by mail or in person. Reports are usually ready 5 to 7 working days after the crash. DPD will not give details by phone.

Compare the report to your first medical visit. If the officer wrote no injury and you went to the ER that night, tell your doctor and your lawyer so the gap is explained. Back and neck pain can improve over weeks to months, and the record should show it did not if it did not.

How long do I have to file a back or neck injury claim in Dallas?

Generally 2 years. If a city vehicle hit you, written notice goes to the City of Dallas within six months. Your award is reduced by your share of fault, and more than 50 percent bars recovery.

Questions

Does a degenerative disc doom my case?

No. Disc wear shows up in many people with no symptoms. The question is what the crash changed.

Is an x-ray enough?

No. An x-ray shows only bones, and it alone cannot diagnose a herniated disc.

What counts as chronic pain?

Pain that lasts longer than 12 weeks.

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Sources (35)

  1. Coates v. Whittington (Tex. 1988), checked 2026-11-09. “It is well settled that a tortfeasor takes a plaintiff as he finds him.”
  2. MedlinePlus, checked 2026-11-09. “it is not possible to diagnose a herniated disk by a spine x-ray alone”
  3. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  4. MedlinePlus, checked 2026-11-09. “Spine MRI or spine CT to show where the herniated disk is pressing on the spinal canal.”
  5. MedlinePlus, checked 2026-11-09. “Any numbness, loss of movement, weakness, or bowel or bladder changes”
  6. Dallas Police, Types of Reports, checked 2026-11-08. “Reports are usually available 5 to 7 working days after the accident.”
  7. NIAMS, checked 2026-11-09. “lasts longer than 12 weeks and occurs daily”
  8. National Library of Medicine, AJNR 2015, checked 2026-11-09. “Disk degeneration prevalence ranged from 37% of asymptomatic individuals 20 years of age to 96% of those 80 years of age”
  9. NIAMS, checked 2026-11-09. “X-rays only show bones”
  10. NIAMS, checked 2026-11-09. “MRI can help diagnose damage or disease of the soft tissues, such as the discs, ligaments, and nerve roots in and around the spine.”
  11. MedlinePlus, checked 2026-11-09. “Electromyography (EMG) to determine the exact spinal nerve root that is involved.”
  12. MedlinePlus, checked 2026-11-09. “Back pain after a severe blow or fall”
  13. MedlinePlus, checked 2026-11-09. “Loss of control over urine or stool (incontinence)”
  14. MedlinePlus, checked 2026-11-09. “you may have sharp pain in one part of the leg, hip, or buttocks, and numbness in other parts”
  15. MedlinePlus, checked 2026-11-09. “pain that moves to the upper arm, forearm, and fingers”
  16. TxDOT, 2025 Crashes and Injuries Cities and Towns, checked 2026-11-08. “DALLAS 165 172 883 1,065 3,778 5,158 4,040 7,024 14,744 46,742 1,067 5,790 24,677”
  17. City of Dallas, Vision Zero Crash and Survey Data Analysis, checked 2026-11-08. “5. Left-Turn Crashes (10% of crashes)”
  18. City of Dallas, Vision Zero Crash and Survey Data Analysis, checked 2026-11-08. “the highest density of severe crashes occurring from 6:00 pm to 9:00 pm”
  19. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “PARKLAND MEMORIAL HOSPITAL 7/1/2028 E DALLAS 75235”
  20. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “BAYLOR UNIVERSITY MEDICAL CENTER 4/1/2028 E DALLAS 75246”
  21. Texas DSHS, Texas Trauma Facilities, checked 2026-11-08. “METHODIST DALLAS MEDICAL CENTER 12/1/2027 E DALLAS 75203”
  22. Tex. Prop. Code § 55.002, checked 2026-11-09. “For the lien to attach, the individual must be admitted to a hospital not later than 72 hours after the accident.”
  23. Texas Insurance Code 1952.151, checked 2026-11-09. “provide for payment to the named insured in the policy, members of the insured's household”
  24. Texas Transportation Code 601.072, checked 2026-11-09. “$30,000 for bodily injury to or death of one person in one collision”
  25. Texas Insurance Code 1952.101, checked 2026-11-09. “protects insureds who are legally entitled to recover from owners or operators of uninsured or underinsured motor vehicles”
  26. Texas Department of Insurance, checked 2026-11-09. “If you don't want it, you have to turn it down in writing.”
  27. Tex. Civ. Prac. & Rem. Code § 41.0105, checked 2026-11-09. “recovery of medical or health care expenses incurred is limited to the amount actually paid or incurred by or on behalf of the claimant”
  28. Tex. Civ. Prac. & Rem. Code § 18.001, checked 2026-11-09. “is sufficient evidence to support a finding of fact by judge or jury that the amount charged was reasonable or that the service was necessary”
  29. Tex. Civ. Prac. & Rem. Code § 18.001, checked 2026-11-09. “The affidavit is not evidence of and does not support a finding of the causation element”
  30. Dallas Police, Types of Reports, checked 2026-11-08. “There is a $6.00 fee for the accident report if requested through the mail or if picked up in person.”
  31. Dallas Police, Types of Reports, checked 2026-11-08. “We cannot release information about the accident over the telephone.”
  32. MedlinePlus, checked 2026-11-09. “often goes away or improves a lot over weeks to months”
  33. Dallas City Charter, Chapter XXIII, Section 1, checked 2026-11-08. “within six months after the injury was received”
  34. Tex. Civ. Prac. & Rem. Code § 33.012, checked 2026-11-09. “the court shall reduce the amount of damages to be recovered by the claimant with respect to a cause of action by a percentage equal to the claimant's percentage of responsibility”
  35. Tex. Civ. Prac. & Rem. Code § 33.001, checked 2026-11-09. “a claimant may not recover damages if his percentage of responsibility is greater than 50 percent”

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