Houston back or neck injury claim: what happens if you had pain before

An old back problem does not end a Houston claim. Texas law takes you as it finds you, so a defendant is liable for making an existing condition worse. The fight is usually over what the crash added. Scans, records and a doctor's explanation carry that. A Houston back or neck claim generally must be filed within 2 years.

Last checked November 9, 2026 · Official sources (27)

Back or neck injury in Houston? See if you are owed money.

$0 upfront. No fee unless you win.

Free to send, no obligation. A law firm that handles this type of case in your state reviews it. How this works
Road map of Houston showing the West Loop, ranked the most congested road in Texas, where stop-and-go crashes can strain necks and backs
Disk wear shows up in 37% of 20-year-olds with no pain. Map data © OpenStreetMap contributors.

Can I claim a back or neck injury in Houston if I already had pain?

Yes, in many cases. Texas courts say a wrongdoer takes the injured person as found. If the crash made an old problem worse, that added harm is what you claim.

The defense will ask for old medical records and say the pain was already there. Disk wear is common even in people who feel fine, and it shows on 37 percent of people at age 20 and 96 percent at age 80 with no symptoms. That helps explain why a scan alone does not prove the crash did it.

What proves a new back or neck injury after a Houston crash?

ProofWhat it showsHouston tip
X-rayBones only. It cannot diagnose a herniated disk.Do not stop at an x-ray if pain moves into an arm or leg
MRI or CTCan show the herniation.Compare with any older scan you have
Records from beforeShow how bad it was before the crashHarris Health sends clear, complete requests within 15 business days
Records from afterShow the change in treatment and limitsProviders must act on your request within 30 days
Work notesShow lost time and changed dutiesLost earning capacity must be shown after income tax

See a provider quickly after a blow or fall. Call at once for numbness, weakness or changes in bowel or bladder control.

How long do back and neck injuries take to heal in Houston?

Many improve over weeks to months. Once pain passes 12 weeks it is called chronic. Do not settle a claim before you know which one you have.

Harris Health is the public safety-net health system for Harris County, so it holds many Houston patients' records. If you were treated there, ask for them early.

Where do back and neck injuries happen on Houston roads?

Houston's 2020 Vision Zero plan found 43 percent of deaths and serious injuries were at or related to an intersection or driveway. The 2025 state ranking again puts Houston's West Loop at the top of Texas's most congested roads for all vehicles. Stop-and-go traffic is where many rear-end hits happen.

HPD investigated 53,902 crashes in 2025. Get your report early. HPD's site gives 5 to 8 days to process a report, so start the request now.

What if I hurt my back at work in Houston?

  1. Tell your employer within 30 days.
  2. File the workers' comp claim with the state within 1 year.
  3. Call the Office of Injured Employee Counsel at 866-393-6432. Its help is free for injured workers without a lawyer.
  4. Ask whether your employer carries comp. In 2022, 75% of private Texas employers did.

Questions

Will a hospital lien affect my Houston back injury claim?

A Houston hospital that treated you can file a lien only if you were admitted within 72 hours.

Can the City of Houston owe me for a neck injury from a pothole or city vehicle?

Only if you give written notice within 90 days. City liability is capped at $250,000 per person.

Does Texas pay my full medical bills in a claim?

A claim counts what was actually paid or owed on your bills, not the first number a hospital sent.

Back or neck injury in Houston? See if you are owed money.

A free case review. $0 upfront. No fee unless you win.

See if I’m owed money

Sources (27)

  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. Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
  3. MedlinePlus, checked 2026-11-09. “it is not possible to diagnose a herniated disk by a spine x-ray alone”
  4. MedlinePlus, checked 2026-11-09. “Spine MRI or spine CT to show where the herniated disk is pressing on the spinal canal.”
  5. 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”
  6. Texas Labor Code 409.001, checked 2026-11-09. “not later than the 30th day after the date on which”
  7. Texas Labor Code 409.003, checked 2026-11-09. “a claim for compensation for an injury not later than one year after the date on which”
  8. 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”
  9. 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”
  10. Harris Health, Medical Records, checked 2026-11-08. “helps us send your records within 15 business days”
  11. 45 CFR 164.524, checked 2026-11-09. “no later than 30 days after receipt of the request”
  12. Tex. Civ. Prac. & Rem. Code § 18.091, checked 2026-11-09. “must be presented in the form of a net loss after reduction for income tax payments or unpaid tax liability”
  13. MedlinePlus, checked 2026-11-09. “Any numbness, loss of movement, weakness, or bowel or bladder changes”
  14. MedlinePlus, checked 2026-11-09. “often goes away or improves a lot over weeks to months”
  15. NIAMS, checked 2026-11-09. “lasts longer than 12 weeks and occurs daily”
  16. Harris Health, About Us, checked 2026-11-09. “Established in 1966, Harris Health is the public healthcare safety-net provider serving the residents of Harris County, Texas.”
  17. City of Houston, Vision Zero Action Plan, checked 2026-11-08. “43% of traffic deaths and serious injuries are at or related to an intersection or driveway”
  18. Texas A&M Transportation Institute, 2025 Texas Top 100 Congested Road Segments, checked 2026-11-08. “The West Loop (Interstate [I] 610) in Houston is at the top of the list again this year.”
  19. TxDOT, 2025 Crashes and Injuries by Investigating Agency, checked 2026-11-08. “HOUSTON PD 264 284 1,086 1,279 4,276 5,953 12,300 18,429 33,421 97,773 2,555 18,384 53,902”
  20. Houston Police, Public Information Requests, checked 2026-11-08. “Accident reports require 5 to 8 days processing time before they are available to the public.”
  21. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “Contact OIEC: (866) 393-6432”
  22. Office of Injured Employee Counsel, Ombudsman Services, checked 2026-11-08. “All OIEC services, including ombudsman services, are provided at no cost.”
  23. Texas Department of Insurance, Employer Participation 2022, checked 2026-11-08. “The employer subscription rate increased three percentage points to 75% in 2022”
  24. 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.”
  25. City of Houston Legal Department, Filing a Claim, checked 2026-11-08. “duly verified, within 90 days after the same has been sustained”
  26. Tex. Civ. Prac. & Rem. Code § 101.023, checked 2026-11-09. “Liability of a municipality under this chapter is limited to money damages in a maximum amount of $250,000 for each person”
  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”

Editorial policy

See if I’m owed moneyNo fee unless you win
AccidentsCitiesStatesGuides
See if I’m owed money