Back injuries can be excruciatingly painful and can require significant and prolonged medical treatment and rehabilitation, with, in some cases, only partial recovery being the only reachable goal. A person who suffers a back injury in an accident may have to undergo multiple surgeries, physical therapy, and rehabilitation.
Also, some people cannot work while recovering from a back injury, missing out on a significant amount of lost wages while racking up multiple medical bills. Finally, in some instances, back injuries might be permanent injuries and cause the accident victim to suffer pain for many years into the future, possibly for the rest of their life.
The value of a back injury and any other personal injury case depends on a variety of factors, including the nature of the injury, the extent of the injury, the medical treatment that the accident victim had to undergo (such as surgeries or injections) following the accident, the cost of all related medical treatment, and the cost of any future surgery or treatment. Generally speaking, the more significant the medical treatment and its cost, the more valuable the personal injury case from a monetary perspective and the more compensation they are likely to receive.
If you suffered a back injury in an accident that occurred because of someone else’s negligence, you might be eligible to file a claim or lawsuit against the at-fault person directly. If the at-fault person’s insurance company is not willing to offer you full and fair compensation for your injuries, then you could file a lawsuit against the at-fault party in the state court system.
An experienced back injury attorney in your area can review the circumstances of your accident and how it happened, as well as the extent of your back injuries. Your lawyer will then help you explore all of your legal options and will work to pursue the most monetary compensation available on your behalf for the back injuries that you sustained in your accident.
How Do Back Injuries Typically Occur?
Back injuries can occur in many different types of accidents. For example, in a car or truck accident, back injuries typically take place when the driver or passenger of the vehicle moves violently back and forth (or from side to side) in the vehicle at the time of the impact. When an accident has this unfortunate effect on someone, the accident victim could suffer an injury to their cervical spine (the uppermost part of the spinal column and includes the neck), thoracic spine (the mid-back), or lumbar spine (the lower back), depending on how they moved in the vehicle.
Back injuries are also common in slip and fall accidents that might occur on another person or company’s premises. Back injuries are especially common in this context when the accident victim falls to the ground directly on their back or tailbone. Similarly, in a pedestrian accident, if the accident victim is knocked to the ground by a motor vehicle, then they could suffer a serious back injury.
Back injuries can also occur in motorcycle and bicycle accidents, especially where the force of the collision knocks the cyclist off their bike and onto the ground, often injuring the cyclist’s back. These are only some of the many ways that unexpected back injuries can happen.
If you or a person you love suffered a back injury in one of these types of accidents and it was not your fault, then you can pursue monetary compensation from the at-fault party. A knowledgeable back injury attorney in your area will review the circumstances of your accident with you and determine whether or not you might be eligible to file a claim or lawsuit. If so, your lawyer can assist you throughout the process and work to maximize your potential monetary compensation by way of a settlement or jury verdict.
Types of Back Injuries That Accident Victims Often Sustain in an Accident
There are numerous types of back injuries that an accident victim might suffer in an accident. Those back injuries include fractures, paralysis, and sprains or strains to the cervical, thoracic, and lumbar areas of the back.
A cervical back injury is an injury to the uppermost portion of the spinal cord and typically includes the accident victim’s neck area. On the other hand, a thoracic back injury is an injury to the mid-part of the accident victim’s back. A lumbar spine injury is an injury to the accident victim’s lower back.
In some instances, the cervical, thoracic, and lumbar back injuries are soft tissue injuries, meaning that the injury is more of a sprain, strain, or contusion and does not involve a fracture or broken bone. In other cases, however, back injuries can involve vertebrae fractures and other more serious injuries. When that happens, the accident victim may be in a lot of pain and may require a surgical procedure to correct it.
In addition to these soft-tissue back injuries and fractures, an accident victim could suffer a spinal cord injury in an accident. Depending on their severity, these injuries can limit an accident victim’s ability to function below the point of impact. Full or partial paralysis injuries can result. If an accident victim suffers a full paralysis injury, they cannot feel or move the affected area. However, in a partial paralysis injury, the accident victim may have some limited feeling and functionality in the affected area.
If you or a person you love suffered one or more of these back injuries in an accident that someone else caused, you can pursue and recover monetary compensation. A back injury lawyer could help you fight for your right to recover the most compensation available to you in your case by way of a settlement agreement or jury verdict.
Factors That Determine the Compensability of a Back Injury
There are several different factors used to determine the compensability of a back injury in a personal injury case. If you suffered a back injury in an accident that someone else caused, such as in a car or truck accident, a personal injury lawyer in your area could help you file a claim or lawsuit arising from that accident, seeking monetary compensation and damages.
One factor that determines the compensability of a back injury case is the severity of the injury. Specifically, cases that involve fractures, paralysis, and other types of permanent injuries are typically more compensable than soft-tissue-type back injury cases.
Another factor that determines the compensability of a back injury case is the type of medical treatment that you received following your accident. If you had to undergo one or more surgical procedures for your back injury, then you can recover more monetary compensation and damages than if you just needed physical therapy or no additional treatment for your back injury. Moreover, the anticipated costs of any future medical procedures should be a part of a settlement demand that you make, as well as included in the settlement offer that comes from the at-fault party’s insurance company.
An additional factor that determines the compensability of your back injury case is the cost of your medical treatment. Generally speaking, the higher your medical costs, lost wages, and other damages, and more compensation you’ll be eligible to pursue and recover by way of a settlement or jury verdict in your back injury case.
If you suffered a back injury in an accident that another person caused, you want to take the proper steps to ensure you receive the full financial recovery you need for your losses. A back injury personal injury attorney near you can help you file your insurance claim or lawsuit against the at-fault person or entity to pursue the monetary compensation that you deserve.
Proving Your Back Injury Case
If you suffered one or more back injuries in a personal injury case that resulted from another person’s negligence, you will need to prove several legal elements to recover compensation for those injuries.
First of all, you must demonstrate, typically by a preponderance of the evidence (that it is more likely than not) that the at-fault person or entity owed you a duty of care that they violated in some way. For example, if you suffered your back injury in a car accident that a distracted or intoxicated driver caused, then the violation of the driver’s duty of care would be sufficient to satisfy these legal elements.
In addition to demonstrating that the at-fault person or entity violated the duty of care, the accident victim must show that they suffered a back injury because of the accident.
In some instances, the insurance company for the at-fault party may be willing to concede or stipulate to fault in the case. In other words, the insurance company might admit that the individual they insured directly caused the accident. However, in these cases, the accident victim will typically still need to prove that their back injury resulted from the accident and not another event or cause.
In some instances, accident victims have pre-existing back conditions. For example, an MRI might show that the accident victim had degenerative changes in their cervical or lumbar spine that pre-existed the accident date.
In that instance, the accident victim could still pursue and recover monetary compensation for a worsening of their back condition. In some cases, a medical expert may be necessary to prove that a particular accident exacerbated a pre-existing back injury.
The right personal injury attorney can assist you with proving all of the legal elements of your case by a preponderance of the evidence. In addition, they will help you pursue the monetary compensation that you need for your back injury or injuries.
Compensable Damages in Back Injury Cases
If you sustained a back injury in an accident caused by another individual’s negligence, you can pursue various types of damages for the injury or injuries that you suffered. To pursue and recover these damages, you must first establish the legal elements of duty, breach, and causation in your personal injury case. Once you have done that, you can make a claim for monetary compensation that comes in the form of damages.
First, if you incurred medical treatment bills for your back injury, you can make a claim to recover those costs. This claim is possible even if Medicare, Medicaid, or private health insurance paid for some or all of your necessary medical treatment.
In addition, if you cannot go to work because of your back injury and the treatment you received, you could assert a claim for lost earnings. Sometimes, a back injury is so severe that it prevents a worker from returning to their job or line of work. In that instance, the injured accident victim could bring a claim for loss of earning capacity.
In addition to these out-of-pocket expenses, individuals who suffer a back injury in an accident could file a claim for all of the inconvenience, emotional distress, mental anguish, pain, and suffering that they had to endure following their accident. Moreover, if they suffered a permanent back injury as a result of the accident, such as paralysis, the accident victim could file a claim for loss of the ability to use a body part.
Some back injuries are so significant that the accident victim can no longer maintain the same lifestyle following the accident that they enjoyed before the accident. When that occurs, the accident victim could file a claim for loss of enjoyment of life. Finally, a back injury could prevent them from being intimate with a spouse, in which case the accident victim could bring a claim for loss of spousal consortium.
You do not have to go through all of this alone. A knowledgeable personal injury attorney can pursue some or all of this monetary compensation in your back injury case. Don’t wait to learn about your legal rights from the best back injury lawyer near you.
