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Few things are more debilitating than back pain. Considering the range of motions connected to the back, it should come as no surprise that an injury in this area can cause not only chronic pain but also long-term impairment.
Unfortunately, people who suffer back injuries in car accidents frequently find it difficult to get the fair compensation they deserve in a system set up to work against them.
Because of the far-reaching effects of a back injury—along with the risk of making preventable mistakes that could damage your legal case—it is important to contact an experienced lawyer if you have been hurt in a car accident. Taking the steps below can help you build your claim and protect your rights.
The Karl Truman Law Office serves clients throughout Kentucky and Indiana from our offices in Louisville and Jeffersonville. Please call today for a free evaluation of your case from an experienced car accident lawyer.
If you’re reading this post, you’re probably already beyond this point. But if not, remember that it is important to be cautious with how you move. Adrenaline, shock, and other factors can all cover up the symptoms of a serious injury. Getting out of the car and trying to walk could aggravate injuries you may have sustained, including a back injury.
Unless staying in the car puts you in immediate danger, just call 911 and wait for help. Paramedics will examine your neck and back for signs of spinal cord injury, then work with firefighters to come up with a plan to extract you from the vehicle.
You may be fitted with a cervical collar and placed on a backboard. After assessing your injuries, rescue personnel might recommend transporting you to the hospital. It is important to comply with all the directions given to you by emergency workers.
If you are not taken to the hospital directly from the scene of the accident, you should still go to the emergency room or see your doctor as soon as possible. The doctor will perform a physical exam of your back for signs of injury and may order tests such as an X-ray and MRI.
Professional diagnosis is important because many different back injuries can occur due to car accidents, including:
Whiplash, a common injury sustained in car accidents, mainly affects the cervical spine and soft tissues in the neck. However, symptoms may also affect the upper back, so it is important to be evaluated for whiplash when you see the doctor (so an appropriate treatment plan can be created).
After the exam and review of your scans, your doctor will discuss treatment options for your back injury. The nature and severity of your injury will determine the treatments that may be necessary.
Some back injuries do heal over time with rest. Others, however, may require more extensive intervention such as:
Damage to the spinal cord may necessitate more comprehensive treatment, including occupational rehabilitation, training with adaptive devices, and more.
As you receive treatment, purchase medications, and pay any additional medical charges, be sure to keep track of all bills and receipts. These will demonstrate the expenses you have incurred as a result of your back injury.
Although it may be tempting to wait to connect with a lawyer until you have a clearer picture of how your back injury heals, a delay may not be in your best interest. Reasons for this include:
Based on these factors, it is important to contact a lawyer as soon as possible. Your attorney will file your claim on time, gather appropriate evidence to support your case, and investigate the circumstances of the accident promptly.
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Some back injuries and even spinal cord injuries improve over a period of months. In other cases, however, patients see minimal-to-no improvement, even after treatment and rehabilitation.
No matter the state of your condition, it is crucial to continue with the follow-up care prescribed by your doctor. As you receive treatment, continue to document not only the financial cost of your injuries but all of the ways that the back injury has impacted your life, including:
With the exception of lost wages stemming from your back injury, the issues above constitute noneconomic losses associated with the accident. You may be entitled to compensation for both economic and noneconomic damages, but the financial recovery is dependent on your ability to present evidence of these damages.
Remember: Always follow all of your doctor’s orders—even if you find them frustrating or unnecessary. And be sure to schedule regular checkups throughout your recovery process.
The insurance company is looking for any reason to deny your personal injury claim. If you don’t follow your treatment plan, or you fail to follow up with your doctor, the insurance company will argue that you aren’t hurt as badly as you say you are—and you won’t have the necessary medical records to prove otherwise.
After a car accident that wasn’t your fault, you need to prioritize two main things:
However, it’s very easy to make simple mistakes that could seriously jeopardize your ability to pursue one or both of these goals. Here are a few important things to consider.
One of the most common ways that car accident victims unintentionally hurt their case is by not seeking immediate medical treatment and waiting around for a few weeks, hoping the pain will get better on its own.
Unfortunately, the opposite is often true. Many back injury conditions get worse over time, particularly as lactic acid builds up and inflammation increases. Eventually, those “minor” aches and pains develop into severe pain.
Far too often, we’ve heard from clients who thought they were just experiencing muscle spasms or minor conditions—then were shocked when further testing revealed a herniated disc or other severe injuries.
If your back injuries aren’t documented—along with the symptoms and limitations—then the insurance company will not consider them valid and is unlikely to offer you the compensation you deserve.
Going to the doctor early and often, and following their treatment plan, is the best way to counter these arguments. Even if you haven’t made much progress in your recovery, it’s still important to keep returning to the doctor and documenting that your symptoms are ongoing.
Insurance companies often make low settlement offers, hoping that victims will take it and let them off the hook. The amount they offer may not even be enough to cover the extensive medical treatment and rehabilitation you need—to say nothing of pain and suffering compensation you deserve as well.
The insurance company might also try to take advantage of pre-existing conditions, delays in treatment, and other circumstances to deny that your back injury is as severe as you say it is. They will probably try to get you to give a recorded statement and may use any accidental mistakes or omissions to question your credibility.
Once you start working with an experienced car accident lawyer, your attorney will do everything in their power to guide you and protect you. They will handle the negotiation with the insurance company on your behalf. They will make sure you’re seeing the doctors and medical specialists that you need to see. They will collect your medical bills, medical records, and other evidence needed to support the seriousness of your injuries. They will work with experts to calculate the true long-term costs of your back injury, so that you won’t be tempted to take a low-ball offer.
At the Karl Truman Law Office, our car accident lawyers pursue not only maximum compensation on behalf of clients but peace of mind. We know that a back injury affects every person differently, and we tailor your case to reflect the financial, physical, emotional, and mental losses you have sustained.
If you or a loved one have suffered a back injury in a car accident, please contact the Karl Truman Law Office for a free consultation. Our lawyers serve clients in and around Louisville, Kentucky and Jeffersonville, Indiana. You can reach us at (502) 222-2222, or by completing a simple contact form.
Disclaimer: Kentucky does not certify specialties in legal fields. The personal injury law information on this website provided by The Karl Truman Law Office is not meant to be taken as formal legal advice. If you need to speak with a personal injury attorney in the Louisville, Kentucky, or Jeffersonville, Indiana areas please contact us today.This website is not intended for viewing or usage by European Union citizens.
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