Liability For Serious Back And Neck Injuries
Most accidents often result in serious back and neck injuries. Sometimes, these injuries may not show immediately after the accident occurs. The symptoms can take days or weeks to manifest, and when they do, the pain and side effects can destabilize your everyday activities or even render you immobile. If you or your loved one sustained severe back and neck injuries because of someone else’s negligence, a personal injury attorney can help prove your negligence case and ensure you get compensation.
This article will look at typical neck and back injuries and everything considered when valuing these injuries for compensation in a personal injury case.
COMMON BACK AND NECK INJURIES
Injuries that occur mainly from automobile accidents can significantly affect your everyday life. However, it doesn’t matter whether you were involved in a severe car crash or a minor fender bender; it’s essential to get medical treatment to help determine the extent of your back and neck injuries. Some of the common severe back and neck injuries that often arise from motor vehicle accidents include:
1. Whiplash
This is one of the most common injuries that accident victims sustain. It’s caused when the neck moves forward and backward in a fast motion, and it mainly affects the neck or upper back muscles. Some of the common symptoms individuals with a whiplash injury experience include:
- Short-term memory loss
- Dizziness
- Headaches
- Fatigue
- Difficulty concentrating
- Difficulty sleeping
2. Spine Injury
Spine injuries can sometimes disrupt the connection between the body and the brain. And when this happens, it can lead to paralysis. However, not all spine injuries cause paralysis. Other injuries can be treated with medication and physical therapy. On the other hand, severe spinal cord injuries will require extensive medical care and surgery. But for the doctors to determine the extent of your spine injury, they will need to do so through diagnostic tests like an X-ray, CT scan, or MRI.
3. Soft Tissue Injury
This injury involves the ligaments, tendons, or muscles. They are also frequently overlooked by car accident victims, as they rarely show up on an X-ray. While this type of injury may be minor, it can cause suffering and chronic pain, especially if you delay treatment.
4. Broken Bones
When your back or neck experiences a strong force, it can sometimes result in fractures and broken bones. One of the leading causes of most vertebral compression fractures is motor vehicle accidents. The good news is that these compression fractures can end up healing in a few months with the placement of a back brace, reduced activity, and medication.
5. Herniated Disc Injury
The last common injury most accident victims experience is a herniated disc injury. It mainly occurs when sudden force from an accident collision causes one of the rubbery discs between your spine’s vertebrae to slip out of alignment. This type of injury also coincides with disc degeneration and is primarily experienced in the lower lumbar spine or sometimes higher in the cervical spine.
HOW NECK AND BACK INJURIES ARE VALUED FOR COMPENSATION
Valuing your neck and back injuries for a personal injury case means coming up with the best guess of what a jury or judge might award the plaintiff. From that evaluation, your lawyer and the insurance companies then estimate:
- The amount the defendant or the person being sued would be willing to pay, and
- What the victim or plaintiff should be willing to accept
For valuing compensation the following is also taken into account:
1. Nature, duration, and severity of the back and neck injury
As mentioned earlier, back and neck injuries range from herniated disc injury to minor whiplash injuries like sprains and strains. The duration and severity of these injuries dictate the compensation amount in a personal injury case when it comes to neck and back injury compensation. For instance, if your injuries are severe and have taken time to heal, the compensation claim will be much higher. Additionally, fractured bones tend to have a higher settlement compared to soft tissue injuries.
2. Type of medical treatment
Another aspect that most insurance companies look at when determining compensation is the cost and nature of the medical treatment. A back or neck injury that requires a surgical intervention is “worth” more than a simply strained neck, mainly because it is a permanent change to the body. Also, back and neck injuries that require many months of treatment by physical therapists are given more weight compared to those treated by physicians one time.
Proof of Negligence
Another major factor used in evaluating your compensation claim is the proof of negligence. If you have little or no evidence proving negligence for the accident that caused your back and neck injuries, the value of your personal injury case tends to go down considerably. Despite having severe damages, a defendant may pay less when there’s little evidence of proof of negligence.
With the help of your personal injury lawyer, you can prove that the defendant:
- Violated a law, causing the accident
- OR was negligent and/or careless, causing the accident
- AND that the accident caused your physical injuries
Your lawyer ensures that there is sufficient evidence to prove negligence. The items they collect for this include medical documentation, doctor’s testimony, and witness testimonies.
Estimating Damages
It’s vital for the plaintiff to estimate damages, as it plays a significant role in your compensation claim. Some damages your lawyer will include are lost income and future medical bills. They can also include emotional damages like the pain and suffering you’ve experienced from neck and back injuries.
Another critical aspect that your lawyer will include is how the back and neck injury has affected your career. For instance, if you were an avid violin player, the compensation will be a lot higher because the injuries may cause you to no longer play.
To summarize, if you’ve suffered back or neck injuries due to an accident, you should immediately contact an experienced lawyer to help you evaluate and obtain the compensation you deserve. Hale Law, P.A, is here to help offer legal advice in injury cases. We will also provide you with a free attorney consultation. For more info, visit our website: https://halelaw.com/sarasota-personal-injury-attorney/car-accidents/
Hale Law
2803 Fruitville Road Suite 240
Sarasota FL 34237
941-735-4529
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