Medical And Rehabilitation Benefits
This compensation is available to address necessary medical expenses stemming from accident injuries and applies to medical care not covered under another health plan. The rehabilitation portion of this benefit is intended to pay for care to reduce or eliminate the impact of your injuries or disability.
Minor injuries qualify for up to $3,500 in coverage. An injury that falls somewhere between minor and catastrophic may net up to $50,000 in Medical Benefits. A catastrophic injury such as paralysis or an amputation may be covered up to $1 million.
Factors That Affect Your Back Or Neck Injury Settlement
There are many factors that will affect the amount of your back and neck injury settlement. As such, the amount you can receive may vary greatly from the average settlement amount. Instead of thinking in terms of average settlements, it is important to consider how much YOUR case is worth.
Any settlement you receive is unique to YOUR situation. No two cases are ever the same.
Many factors will affect the amount you can receive in a back or neck settlement. Some of those factors include:
- The nature and severity of your injury
- Other drivers liability
- Insurance policy limits
- Your attorneys ability to negotiate
One of the biggest factors in the neck or back settlement you can receive is your attorneys ability to negotiate maximum compensation. Insurance companies may try to claim that you already had back or neck injuries. These pre-existing injuries may be used to try and reduce your claim.
Our attorneys know how to combat these tactics. We will work with your medical team to show insurance companies how your accident furthered your already existing injuries and/or caused new ones. We will gather the necessary evidence to show liability and build your case, which often includes police reports, witness statements, traffic surveillance footage, and doctors reports.
Employment Record For Lost Wages
The insurance adjuster will need to know how much money you usually earn to figure out the lost wages portion of your car accident settlement. If you did not save the last several pay stubs, you should be able to print them out from an employee portal or ask your immediate supervisor to help you track them down.
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Orlando Car Accident Back Injury Settlement
Thats why car accident back injury settlement is likely to be far more favorable to you with the help of legal representation. An experienced car accident lawyer will be able to reach a fair negotiation by proving the following: The at-fault driver violated their duty of care . You must be able to establish that the
The Challenges Of Proving Back Injuries In A Car Accident
A car accident is just one way that someone can injure their back. Back pain can also happen because of lifting heavy objects, sitting too long, muscle imbalances, and much more. Just one collision can lead to recurring or life-long back pain.
It might be challenging to show that the pain comes from an accident. Thankfully, our car accident lawyers know how to build a strong claim after back injuries. The insurance company could try to say that:
- You had back pain or injuries before the accident
- Your back injuries happened after the accident
- Youre making up the pain or making it seem worse than it is
Because there are many potential causes of back pain, it can be hard to show that your pain comes solely from an accident. The other drivers insurer might doubt your injuries when you file an insurance claim. Back injuries can take years to heal. In many cases, back injuries never completely go away. Certain activities might worsen the pain, even though it started with a car accident.
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How Long Do I Have To Make Back Injury Claims
Are you aware that personal injury claims, including back injury claims, have time limits of 3 years? This limitation period is typically effective from the date of your accident but could also be effective from the date that you gained the knowledge that you were affected by it.
In some cases where the claimant is unable to make their own claim, a litigation friend can be appointed to make legal proceedings on their behalf. Some examples of when a litigation friend may be necessary include:
- The claimant is mentally incapacitated
- The claimant is under the age of 18
In both of these cases, the claimants wouldnt be able to make a claim for themselves so would require a litigation friend to pursue compensation for them. The usual time limit would not apply as these are not normal circumstances. Instead, any such limitation period wouldnt come into effect until:
- The claimant regained the capacity to claim
- The claimant reached their 18th birthday, coming of age in the eyes of the law
If youd like to learn more about the role of a litigation friend or see whether youre still within the relevant time limit to claim, please get in touch today for some free legal advice and support.
Can I Fracture My Back In A Car Accident
In a high impact car accident, it is possible to fracture your back and have long-term damage which will require surgery and stabilization of your back. Although not common in a run-of-the-mill accident, back fractures are more likely to occur in those accidents if the victim is older or has pre-existing injuries which make her or him susceptible to those injuries.
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Other Factors Affecting The Value Of A Back Injury Claim
While the severity of injuries is the major determining factor in the value of a back injury claim, two other considerations can also affect the amount of compensation received via settlement or jury verdict.
Comparative/Contributory Negligence. In the small handful of “contributory negligence” states, you recover nothing at all if you shared any measure of fault for the accident that resulted in your back injury.
In the majority of states, a different rule called “comparative negligence” applies, and you may be able to recover compensation as long as the other party was at least 50 percent or 51 percent responsible . Your damages award will usually be reduced by the amount of responsibility that you bear .
Common Symptoms Of A Back Injury
Back injuries are common after car crashes. Sometimes, the symptoms don’t appear until the next day. If you have any of the following symptoms after a car accident, you should see a doctor right away, even if they are mild.
Don’t take any chances! Back injuries can cause permanent disabilities. You should become aware of the common symptoms of back injuries to know when you need to seek medical attention.
Symptoms That are Warning Signs of a Back Injury:
- Pain, which can be mild, moderate, or severe.
- Pain that radiates down the buttocks and legs.
- Numbness or tingling in the arms, hands, legs, or feet.
- Difficulty standing or walking.
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Uninsured And Underinsured Motorist Coverage
A person driving without valid insurance is an uninsured motorist. Most states require drivers to carry a minimum amount of uninsured motorist coverage in case they are hurt in an accident caused by an uninsured driver.
Some states only require uninsured motorist bodily injury coverage and some also require uninsured motorist property damage coverage.
Underinsured motorist coverage is typically optional. It kicks in if you are severely injured by a driver who only carries the bare minimum of insurance.
What Are The Most Common Injuries That Result In Back Pain
Car accidents can result in a variety of back and neck injuries because the spine is made up of three regions:
- The cervical vertebrae .
- The thoracic vertebrae .
- The lumbar vertebrae .
These areas are constructed by muscles, tendons, vertebral discs, nerves, and ligaments. Some common examples of back or neck injury resulting from auto accidents include:
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Can I Get Compensation For My Back Pain After A Car Crash
Its not uncommon to experienceback painafter acar accident, but what might seem like minor aches and pains may actually be a the early signs of aserious injury.Car accidentscan damage the spines delicate network of soft tissues, connectiveligaments, and nerves, leaving injured people with life-altering injuries.
Have you suffered aback injurybecause of someone elses reckless behavior? Keep reading to learn aboutcommon back injuries,and whether you can get compensation after yourmotor vehicle accident.
Back Injuries And Car Accidents
In an automobile collision, your body is subjected to force from directions from which it isnt prepared to absorb shock. While modern restraint systems aim to cushion you and prevent much of the movement than can result in more severe injuries, they can only do so much.
The structure of your back creates a highly sensitive and complex area that is easily injured, difficult to treat, and once compromised, can be a source of pain and discomfort for years to come. These factors affect the average settlement for car accident back and neck injury claims.
Rather than a single structure, the back consists of several different body systems all coming together in a single area:
- Vertebrae The bones of your neck and back are made up of a column of bones separated from each other by disks of cartilage to cushion and allow for flexibility.
- Nerves The central nervous system controls and communicates with your entire body, and it runs from your brain down through your spine, where it then branches out through the rest of you body.
- Muscles Your back plays a part in almost every movement your body makes. As one of the core areas, its packed with muscled that provide strength and balance through a range of motion.
- Connective Tissues To support all these structures and hold them together in a functional unit, tendons and ligaments help keep your body moving like a fine-tuned machine.
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Your Attorney Only Gets Paid If You Get Compensation For Your Injuries
You dont need money in the bank to hire an experienced personal injury lawyer. At Crosley Law, we have a no-fee policy, and initial consultations are always free. If you decide to work with our law firm and we recover a settlement or jury award for you, well charge you a percentage of your compensation. Otherwise, you wont have to pay anything.
We also advance our clients case costs and fees. This means we wont charge you for the cost of collecting your evidence or filing fees unless we win your case at court or reach a settlement.
Theres no risk or commitment involved when you contact our office and get advice about your personal injury case. Any fees you eventually pay will come out of the results we get. The insurance companys argument that you cant afford a car accident lawyer doesnt hold up.
What Is Anaverage Settlementfor Aback Injury
Thesettlement amountforbackinjuryclaimsdepends on your unique situation and on theseverity of the injury.To understand the financial value of your claim, you need to speak with an experienced attorney.
Its important to understand everything that goes into calculating acar accidentsettlement. Your attorney will consider:
- Economic damages include things likemedical expensesand lost wages.
- Non-economic damages such aspain and suffering, as well as reducedquality of lifedue to being unable to enjoy favorite activities, may also be considered.
Do not trust an online calculator to provide you with afairsettlementvalue. These calculations can be very complex, andnon-economic damagesin particular require human understanding. An experienced attorney can help you figure out what yourpersonal injurycaseis worth, and fight to ensure you receive fair compensation.
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The Danger Of Early Settlements In Back Injury Claims
When you are offered an early settlement in a neck or back injury claim, it is important to be aware of the dangers before accepting the offer.Some of the risks of settling early include:
- Not having enough time to document your injuries and recovery process can significantly reduce the settlement value
- Not being aware of all available damages, such as missed income or medical costs
- Making a premature settlement decision based on limited information about the long-term effects of your injuries
- Relying on an insurance company’s promise to pay future medical expenses, which may not be honored
- Forgoing an experienced attorney’s help in negotiating a higher back injury settlement amount
It is usually in your best interest to wait until you have fully recovered from your injuries before accepting settlement offers. A personal injury attorney will be able to help you understand the value of your claim and negotiate a higher settlement on your behalf. If you have been injured in an accident, contact an attorney today for a free consultation.
How Do I Prove My Neck And Back Injury Damages
It is not easy to prove that a victim is suffering from a back or neck injury especially an injury like whiplash. These injuries are difficult to prove because they are not always easy to observe on imaging studies or picked up using diagnostic tests, such as X-rays and MRIs.
As a result, insurance companies will typically argue that:
- The accident victim in question is experiencing degenerative changes to the back and neck due to their age.
- Their pain and other symptoms are pre-existing.
- They are exaggerating the severity of their symptoms and are not in as much pain as they claim to be.
An experienced personal injury attorney will work to establish your eligibility for damages for injuries caused by a car accident. They will argue that:
- The other driver violated their legal duty of care , and this directly caused the auto accident.
- That the other drivers negligence and carelessness was the primary cause of the accident.
- That you sustained physical injuries , and that the accident was a direct cause of these injuries.
It is important to remember that your personal injury attorney will need to establish a causal connection between the accident and your injuries, but the accident does not need to be the only cause. The accident only needs to be one of many potential causes of your injuries. Sometimes victims have a minor back injury that is made worse by an accident and are still owed compensation in this case.
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Do Not Ignore Your Lower Back Pain
Back injuries, if not treated, can worsen and lead to potentially life-long complications. If you have not already done so, you should see a doctor for your lower back pain if:
- You have severe pain
- Your pain does not improve with rest
- Your pain spreads down one or both of your legs
- Your pain causes tingling, weakness, or numbness in your legs
- You experience unexplained weight loss
Can I Claim For Back Pain After Car Accident
Back injuries can be extremely painful and debilitating, and often require a long period of recovery. In some cases, they can also be permanent.
If you have suffered a back injury as a result of a car accident that was not your fault, you may be able to make a compensation claim. To find out if you are eligible for compensation, it is advisable to speak to an experienced personal injury lawyer. They will be able to advise you on the best way to proceed with your claim.
Whiplash is one of the most common types of back injury sustained in car accidents.
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How Does The Car Injury Settlement Process Work
After your accident, the first step is to file a claim with the at-fault partys insurance provider. This claim begins the process of recovering the damages that resulted from your accident, such as lost wages, emotional suffering, and medical bills. Once this is completed, it is recommended that you retain a trusted attorney to assist you in the remainder of the process.
Your attorney will begin collecting evidence to support your case. They will gather eyewitness testimony, photo/video of the accident site, and medical records to ensure your case is as strong as possible when it reaches the negotiation table. Back injuries are often difficult to prove, so gathering testimony from medical experts can be crucial for future legal proceedings.
Once the investigation is complete, its time to draft the demand letter. This letter will describe the extent of your injuries, explain how the at-fault party acted negligently, and display the damages you seek to recover. Once the insurance company receives this, they will either accept it and begin settlement negotiations or deny it because they dont believe your case is valid. If the insurance company dismisses your case, your attorney can file an appeal with a claims adjuster for further review.
Every state has different time restrictions for car injury settlements, so its important to understand the rules that apply to you. For more information about your states statute of limitations, complete a free no-risk case evaluation.