Back injuries can be severe and debilitating. They can leave you unable to work, engage in everyday activities, or even walk. Fortunately, in many cases, state law entitles victims to compensation for their back injury-related losses. How much compensation you can receive depends on a variety of factors, and a lawyer can ensure you get every penny you deserve.
Many types of accidents can cause back trauma, and these injuries may be much more severe than they seem in the days after an accident. It may take some time and a considerable amount of medical treatment for you to realize that you will never be the same again for the rest of your life. Even if you can make a full recovery, you will have many painful days in the interim, and there will be a significant effect on your life.
You Can Obtain Compensation if Someone Else Was at Fault
Knowing how much you may be due in compensation after a back injury may be challenging. The insurance company has no such difficulties because they have computer programs and sophisticated data that lets them know the exact value of your claim. You need a personal injury attorney to help level the playing field so you are operating with the same amount of information the insurance company has.
The operative principle in any personal injury case is that the responsible party must use money to restore you to the position that you were in at the time of the accident. They must pay you for both the actual financial costs of your injury and the non-economic damages associated with it. If necessary, your personal injury lawyer will work with experts to determine the value of your claim.
Economic Damages for Your Back Injury
Medical bills are perhaps the largest component of your economic damages. The responsible party must pay for your past and future medical expenses. You need to know what your medical needs are in the future, as difficult as it may seem. Your personal injury attorney will review your medical records after you reach the point of maximum medical improvement to help determine your potential future medical costs.
You are also entitled to compensation for lost earnings from your back injury. If you have suffered a serious injury, you may be unable to work entirely. Even if you can do some work, you may be unable to do the same level of labor that you did before your injury. The responsible party will need to pay you for lost income and any reduction in your earnings capacity.
Non-Economic Damages for Your Back Injury
Back injuries can be extremely painful, and they will take away from your quality of life. Besides your physical pain, you may also deal with depression and anxiety because of your injuries. Your back injury may have robbed you of the life that you had before the accident because you can no longer engage in certain hobbies you once enjoyed.
All of these fall under the rubric of pain and suffering damages. The responsible party must also pay you for the experience associated with your accident. These damages can be considerable because they should reflect your injury’s impact on your life. After all, personal injury damages should be an individualized matter.
The insurance company will attempt to seem objective by using the multiplier method to calculate your pain and suffering. They will select a number and apply it to your medical bills to reach the amount of your pain and suffering damages. Often, the amount the insurance company offers does not even come close to reflecting your personal reality. It is up to your personal injury lawyer to advocate for your interests with the insurance company and get you a settlement that adequately covers your losses.
You Can Negotiate Compensation for Pain and Suffering
The insurance company does not get to dictate the compensation you will receive. All they can do is make you a settlement offer that you can consider whether or not to accept. You are not obligated to settle your case if it is not in your best interests. Remember that you are the one who has the legal right to full compensation when someone else is to blame for your injuries.
If the insurance company does not offer a fair settlement, you can and should reject it. aYour personal injury attorney may tell you to continue negotiating and make a counteroffer to the insurance company on your behalf. The settlement offer is just the opening bid the insurance company makes to resolve your case. They fully intend to raise their offer over time, although you must negotiate hard for them to get their number closer to your reality.
If all else fails, you have the legal right to file a lawsuit against the responsible party. If you can prove liability in court, the judge or jury will decide how much you are due in damages. This measure will take the case out of the insurance company’s hands, although there are risks to this course of action. However, you may have no choice but to file a personal injury lawsuit if you and the insurance company are on completely different pages regarding how much compensation you deserve.
Why You Should Retain a Lawyer Sooner Rather than Later
Back injury cases become more complex with time. Evidence can disappear, witnesses’ memories fade, and you might inadvertently make statements to insurance companies that harm your case. Every state has a statute of limitations, and waiting too long could mean losing your right to compensation entirely. Insurance companies often try to secure quick settlements before injuries fully manifest. Without legal representation, you risk accepting an offer far below your case’s actual value, especially since back injuries can have long-lasting effects not immediately apparent.
Contact a Personal Injury Attorney Today
If you’ve suffered a back injury due to someone else’s negligence, don’t wait to seek legal help. Most personal injury lawyers offer free initial consultations and work on a contingency fee basis, meaning you only pay if they secure compensation for you. An experienced attorney will evaluate your case, handle insurance communications, gather evidence, and fight for the full compensation you deserve. Don’t let insurance companies minimize your suffering – contact a qualified personal injury attorney today to protect your rights.