Your personal injury lawyer will ask you extensively about past injuries you may have had. That's because one of the most common ways an insurance company can undermine a negligence claim is by claiming your injury was a pre-existing condition. When it comes to back and soft tissue injuries, it can be very hard to prove otherwise, since most of us have hurt our back at one point or another.

How long you waited to get treatment, or whether you followed your doctor's recommendations fully, can all be a factor as well. Severe back injury can put people out of work almost indefinitely, and result in large settlements for lost wages in addition to medical bills. So, it's important to see a doctor as soon after the accident as possible to avoid accusations that you ignored the injury and made it worse.