There are multiple accidents that can cause a serious injury to the back, which can lead to personal injury lawsuits. Back injuries can cause substantial pain, changes in the victim’s lifestyle and may ultimately lead to a progressively debilitating condition. Some common back injuries include disc and spinal injuries. Compression fractures, of which an estimated two-thirds are undiagnosed, also occur in impact accidents.
Victims who can prove their injuries are a direct result of someone’s negligence may be able to seek compensatory and/or punitive damages, depending on the severity of the accident and how it occurred. The amount of compensation a plaintiff receives relies heavily on a number of complex factors, including treatment plans, medical histories and records and general damages, such as pain and suffering. Following are some of the common components of a personal injury case involving serious injury to the back:
Determination of fault: A back injury that occurs during a car accident will require the determination of fault, which reaches far beyond the presentation of a police report. An attorney may request the assistance of expert witnesses to help determine who’s at fault.
Medical records and treatment: Cases involving serious injury to the back will require detailed medical histories and current medical records. The plaintiff must prove the condition did not exist prior to the accident. She must also prove the severity of the injury using thorough medical documentation.
Insurance notification: Victims who suffer back injuries in which insurance companies are involved, such as with car accidents or products, must begin an insurance claim process. This step should be taken only after the injury has been thoroughly documented by the injured and his medical doctors. Documentation should include lost wages, treatment plans and damages. Most importantly, the victim must present a strong case as to why the other party is responsible.