Injuries to the back are common personal injuries that can happen in any kind of accident. These injuries have the potential for serious consequences on a person’s mobility and are often painful and difficult to manage. If you are a victim that suffers a back injury or injury to the spine due to an accident, you may face long-term effects or permanent disability.
Back injuries can lead to chronic conditions which makes it challenging for you to continue to live your life the same way as you did prior to the personal injury accident. In the most severe of back injury cases, a person may suffer from paralysis and/or lose function. This can cause restrictions on your ability to work and continuous medical expenses which can result in significant losses and damages.
When to Seek Compensation for a Back Injury
When you suffer an injury to the back, you may be asking yourself whether your situation would warrant an opportunity for you to pursue damages you incur. Back injuries can happen in many circumstances and how the events leading to your accident and injury develop will determine whether or not the losses you sustain from your back injury are recoverable under the law.
Examples of the most common situations that can give rise to a back injury insurance claim or lawsuit include:
- Motor vehicle accidents
- Pedestrian or bicycling accidents
- Accidents at work
- Medical malpractice
- Slip and falls
- Recreational accidents
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Determining Fault and Liability for a Back Injury
To get monetary compensation for any losses associated with a back injury, you must show that your injury is the result of negligence by another party. Proving negligence is how you can pursue compensation from insurance companies or in a civil lawsuit against the parties responsible. Negligence leading to a back injury will look different in each case and can include the direct actions of a party, inaction, or liability due to the relationship of one party to another.
How Can You Prove Negligence in a Back Accident Case?
To prove that a party’s actions amounted to negligence under the law, you must show that the following elements of negligence are present in your back injury case.
- The defendant in the case owes you a duty of care in some capacity.
- The actions or inaction of the defendant amounted to a breach of that duty of care.
- You sustained a back injury and damages.
- The breach of the defendant’s duty of care to you caused your back injury and losses.
How a Lithonia Back Injury Attorney Can Help Your Case
If you are in an accident, you may not want to deal with the hassle of hiring a lawyer for your back injury. You might be under the assumption that recovering your losses will be a straightforward process by filing your insurance claim or negotiating with an at-fault party yourself. This, however, is not the case, insurance companies and at-fault parties do not want to pay for your losses and they will not likely take your case seriously without the representation of a back injury attorney in Lithonia.
A lawyer puts all parties that are a part of your back injury case on notice that your rights are a priority and that your case will not just go away. Delay tactics, low ball settlement offers and denials on technicalities are more difficult for insurers to get away with when there is a lawyer on your side. Your back injury attorney will help you fight for the compensation you deserve after an accident due to another party’s negligence.
Actions your Lithonia back injury lawyer will take in your case can include:
- Consultation on your case and discussion on your expectations of recovery
- Discovery of evidence and liability for your injuries
- Dealing with the insurer to negotiate a settlement
- Calculation of your damages to account for the maximum losses you have incurred
Lawsuit vs Insurance Claim for Back Injury Recovery of Damages
When considering your options to recover the money and other losses you sustain in a back injury accident, most victims will have the choice to file an insurance claim or file a lawsuit in court. Fortunately, you do not have to choose one or the other. In most cases, the best approach will be to file an insurance claim for your back injuries with the help of your attorney and then see what next steps might be necessary.
In most cases of a back injury due to negligence, an insurer will ultimately accept liability and make an offer to settle the case. If settlement negotiations result in an offer that you find will benefit you, then you can accept the offer with the help of your attorney and your case is resolved. However, when an insurance claim does not go your way and the insurer either denies your claim entirely or makes an offer that does not come close to the extent of your losses, you can then choose to file a lawsuit against the insurer and the party at fault.
The Statute of Limitations Applicable to Lithonia Back Injuries
As you work through the options to resolve your back injury case following an accident, you must always keep the statute of limitations in mind. When you hire a back injury lawyer in Lithonia, they will track the time you have to file a lawsuit in court. The Georgia statute of limitations for a back injury is two years from the date of the accident.
Schedule a Free Consultation with a Lithonia Back Injury Attorney
Our team is ready to assist you to evaluate your case and discuss what options you have to recover for your losses after a Lithonia back injury. Contact our office and set up a free consultation with one of our back injury attorneys.