Find a back or neck injury lawyer in Midland: how to prove it is new
A crash that makes an old back or neck problem worse can still count in Texas, because a wrongdoer takes an injured person as found. Ask for an MRI, since an x-ray alone cannot diagnose a herniated disk. Midland Health answers records requests in about 5 working days. Suits are due in 2 years.
Last checked November 9, 2026 · Official sources (26)
Can you claim a back or neck injury in Midland if you had pain before?
Yes. The Texas Supreme Court has said it is well settled that a wrongdoer takes a plaintiff as he finds him. A crash can make an old problem worse, and that added harm can be part of your claim.
Expect the other side to call it normal wear. They have a point to make: disk wear showed up in 37 percent of people with no symptoms at age 20 and 96 percent at age 80. By 60, most people show signs of neck wear on x-ray. That is why your records from before the crash matter. Get them early.
What proves a disc injury after a Midland crash?
| Test | What it shows |
|---|---|
| X-ray | Bones only. It cannot diagnose a herniated disk by itself |
| MRI | Soft tissue such as discs, ligaments and nerve roots |
| CT | Shows where a herniated disk presses on the spinal canal, like an MRI |
| EMG | Finds the exact spinal nerve root involved |
Injury or strain can push a disk out of place or split it open. A lower back injury may cause sharp pain in the leg, hip or buttocks. A neck injury may send pain to the upper arm, forearm and fingers.
When should you see a doctor after a Midland wreck?
- Right away if you have back pain after a severe blow or fall.
- Right away if you lose control of urine or stool.
- Any numbness, loss of movement, weakness, or bowel or bladder changes.
Most back and neck pain improves over weeks to months. Daily pain that goes past 12 weeks is labeled chronic. Do not settle before you know which one you have.
Where do Midland crashes cause these injuries?
The city's safety plan lists angle crashes and rear-end crashes at 17 percent each. Loop 250 at Andrews Highway and SH 191 had the most crashes in Midland from 2018 to 2022, with 265. Four of the city's top five crash intersections are along Loop 250.
On I-20, a 2016 corridor fact sheet says truck traffic is significant, much of it energy-related.
How do you get your back and neck records in Midland?
Midland Health's Release of Information needs a written request. It should answer in 5 working days and may charge a fee first. You can reach the hospital's main line at (432) 221-1111.
Ask for the imaging reports and the image files themselves. Texas allows a sworn billing affidavit to prove bills were reasonable, but it does not prove the crash caused the injury.
How long do you have to sue for a back or neck injury in Midland?
For a back or neck injury, the usual suit deadline is two years. If a government vehicle was involved, notice is due in six months. If the City of Midland is the defendant, its charter wants written notice in 60 days.
Questions
Does a degenerated disc ruin my claim?
No. Disk wear is common with no pain at all, and Texas takes you as found.
Is a neck x-ray enough to prove my injury?
Usually not. An x-ray shows only bones. An MRI shows discs, ligaments and nerve roots.
What if my pain gets better in a few weeks?
That is common, and it changes what your claim is worth. Pain can improve over weeks to months.
Back or neck injury in Midland? See if you are owed money.
A free case review. $0 upfront. No fee unless you win.
See if I’m owed moneySources (26)
- Coates v. Whittington (Tex. 1988), checked 2026-11-09. “It is well settled that a tortfeasor takes a plaintiff as he finds him.”
- MedlinePlus, checked 2026-11-09. “it is not possible to diagnose a herniated disk by a spine x-ray alone”
- Midland Health, Medical Records, checked 2026-11-08. “Release of Information should provide an answer in 5 working days”
- Tex. Civ. Prac. & Rem. Code § 16.003, checked 2026-11-08. “not later than two years after the day the cause of action accrues”
- 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”
- MedlinePlus, checked 2026-11-09. “Spine MRI or spine CT to show where the herniated disk is pressing on the spinal canal.”
- MedlinePlus, checked 2026-11-09. “Any numbness, loss of movement, weakness, or bowel or bladder changes”
- MedlinePlus, checked 2026-11-09. “By age 60, most people show signs of cervical spondylosis on x-ray”
- 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.”
- MedlinePlus, checked 2026-11-09. “Electromyography (EMG) to determine the exact spinal nerve root that is involved.”
- MedlinePlus, checked 2026-11-09. “The disk may move out of place (herniate) or break open (rupture) from injury or strain”
- MedlinePlus, checked 2026-11-09. “you may have sharp pain in one part of the leg, hip, or buttocks, and numbness in other parts”
- MedlinePlus, checked 2026-11-09. “pain that moves to the upper arm, forearm, and fingers”
- MedlinePlus, checked 2026-11-09. “Back pain after a severe blow or fall”
- MedlinePlus, checked 2026-11-09. “Loss of control over urine or stool (incontinence)”
- MedlinePlus, checked 2026-11-09. “often goes away or improves a lot over weeks to months”
- NIAMS, checked 2026-11-09. “lasts longer than 12 weeks and occurs daily”
- City of Midland, Comprehensive Safety Action Plan, July 2024, checked 2026-11-08. “Angle – Both Going Straight”
- City of Midland, Comprehensive Safety Action Plan (July 2024), checked 2026-11-08. “Loop 250 & Andrews Hwy/SH 191 265”
- City of Midland, Comprehensive Safety Action Plan (July 2024), checked 2026-11-08. “Four of the top five high crash intersections are also located along Loop 250.”
- Permian Basin MPO, I-20 Corridor Study Fact Sheet (June 2016), checked 2026-11-08. “The corridor sees a significant amount of truck traffic, much of this is associated with the energy sector.”
- Midland Health, Medical Records, checked 2026-11-08. “Main Line: (432) 221-1111”
- 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”
- 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”
- Tex. Civ. Prac. & Rem. Code § 101.101, checked 2026-11-08. “not later than six months after the day that the incident giving rise to the claim occurred”
- City of Midland Charter, Sec. 8, checked 2026-11-08. “duly verified within sixty days after the same has been sustained”