Back Injury Car Accident

A back injury from an auto accident can cause consistent pain, resulting in chronic back pain, discomfort, and obstacles in everyday activities.

Back injuries are complicated as many cause similar symptoms. As such, you may not know where to go to treat your back pain after a personal injury accident. This may cause you to not seek medical attention altogether. Here is what you need to know if you suffered a back injury in a car accident. 

Get the Right Diagnosis

There are many factors that can cause back pain, including fracture or inflammation. Having an accurate diagnosis of your condition is key to your recovery. Depending on the findings, some treatments may work and others may be ineffective. 

For example, a back injury could heal with physical therapy. Or, it may require surgery. Also, without the right diagnosis, you may end up paying for medical treatments like X-rays or MRIs that are ultimately unnecessary. 

Back Injuries May Affect Long-term Health

Ignoring potential back injury symptoms after an accident can lead to more serious health complications further down the line. Without the right diagnosis, you’re unable to get proper treatment.

For example, spinal fractures are a common car accident injury. Although such an injury causes discomfort, people often choose not to have their pain checked out by a doctor. Their rationale may be that they can cope with some soreness in their back. However, they don’t realize that their condition may likely worsen later on.

Often, by the time victims realize that they have a serious problem and look into filing a personal injury claim, they are denied compensation because they’ve exhausted the statute of limitations. 

California Practices Pure Comparative Fault

The value of your claim will depend on whether you or the other party caused the accident. Each state in the US recognizes some form of comparative fault. Comparative fault, or comparative negligence, is a legal rule based on the belief that the law can hold both parties responsible for a personal injury claim. 

California recognizes pure comparative fault which dictates that you can recover compensation as an accident victim regardless of your role in causing the accident. Pure comparative fault is the most lenient version of comparative fault. Even if you are mostly at fault for causing the accident, this version of the rule still allows you to seek compensation.  

Seeking Compensation for Damages

If your car accident was caused by another person’s negligence, then you have the right to seek compensation for your injuries and losses by filing a personal injury lawsuit in court.

After a car crash, contact your insurance company as soon as possible and tell them that you’ve been injured in an accident. They will begin the process of notifying the other driver’s insurance company about your injuries and request compensation for the accident. There will likely be pushback because they have the other driver’s best interests in mind and not yours. 

If you find that the insurance companies are not being fair and trying to devalue your claim, consult with a personal injury lawyer. An experienced lawyer who has dealt with back injury cases can assess how much your car accident claim is worth and work with you to recover maximum compensation.

The Value of a Back Injury Claim

A personal injury claim covers your economic and non-economic losses, also known as damages, after an accident. The amount of damages that you’re awarded is the amount of financial compensation that you get from the other party or the other party’s insurance company. If you make a claim, the damages you can seek include: 

• Medical bills
• Future medical costs
• Lost wages
• Future lost earning/ diminished earning capacity
• Pain and suffering
• Loss of consortium (companionship)

A lower back injury is particularly debilitating as it can affect your mobility. This affects everyday activities from walking to exercising to the ability to perform certain job functions. As such, you may qualify for more damages.

Do You Need a Back Injury Lawyer?

If you suffer a personal injury because of another person’s negligence, consult with a California back injury lawyer. Insurance companies often push for a speedy settlement that may seem appealing but is usually much less than what you could earn in a lawsuit. 

The Law Offices of Daniel Kim offers a free consultation, where we inform you of what you’re entitled to under the law and lead you through the legal process. We handle a variety of car accident cases, including bicycle, pedestrian, truck, motor vehicle, and Uber and Lyft accidents. Contact us today.to learn more.