Personal Injury Claims for Back Injuries in Car Crashes

Back injuries present somewhat unique concerns regarding assessing damage claims, as these injuries often pose significant risk for future medical intervention, as well as other economic considerations, which may not be readily apparent at the time of filing suit. Having legal assistance, which might likely reference medical professionals as to the extent of future damages medically, will bolster the likelihood of filing a successful personal injury claim.

Required Elements of a Viable Personal Injury Claim for Back Injuries

If liability exists in a given car accident case causing injury, victims may be in the position to file suit to recover damages.  However, understanding the requirements needed to file successful claims is important. These crucial elements include:

• Duty of Care: The defendant named in suit have a duty of care to named plaintiff. In the case of road accidents, every driver has a duty of care to ensure no harm to other drivers or pedestrians. Furthermore, although less commonly, roadway operators have a duty to maintain safe roadways, as well as property owners has a duty to ensure their property does not impede or pose risk to a roadway.

• Negligence: If a defendant acted negligently, or breached the duty of care, a second crucial element is in place. However, as is the case in many accidents, both parties may be responsible for violating a duty of care. The proportionality of this liability must be ascertained, in order to determine if a liability suit is even feasible, let alone financially beneficially, if the proportionality does not favor the plaintiff.

• Proximate Cause: The breach of duty was the proximate cause of damages sustained by a plaintiff. In other words, the named defendant’s actions were the cause of injuries and other losses a plaintiff has suffered following a car accident.

After ascertaining that these elements are present, an attorney and victim may initiate a claims process by first consulting with the claims adjuster for the other driver’s insurance company, assuming the other driver was insured at the time of the accident. This may lead to negotiations and a settlement without filing suit, however, in cases of extensive or prolonged injury, which is common in back injury claims, suit is often filed.

The Procedure for Filing a Claim in Court

Filing claims in court, which is known as filing a complaint, requires a victim’s legal counsel to file with the Court specific documentation regarding a given bodily injury claims case.  If approved by the Court, filing a complaint initiates the process of filing a lawsuit against named defendants.  It is important to note that every state has varying statutes of limitations regarding filing complaints related to personal injury claims, which may vary from several months to more than two (2) years, depending on the state.  For this reason, it is important to contact legal counsel well before deciding to file a complaint in the Court, which will preserve your legal rights as a victim. 

The process of filing a complaint in the Court requires legal counsel to first identify the jurisdiction and appropriate venue for the complaint to be filed.  Second, the complaint needs to be prepared according to the procedural rules specific to that given court venue, which may require some of the following in the initial formal complaint, including:

• Naming defendants held negligent in a given complaint

• Stating and potentially detailing information surrounding a given incident leading to injury and case
• Detailing damages and other applicable remedies sought by plaintiff\

If complaint is approved by the Court, the clerk of the court will assign a case number to the formal complaint documents.  Furthermore, a plaintiff is tasked with serving all named defendants with the documents stating they are being sued.  Typically, this is done via process server.  Following serving defendants with the appropriate complaint documents, the Court allows the defendants ample time to answer claims, with either a counter complaint or other claims. 

Damages Specific to Back Injury Claims

A successful suit against a named defendant requires an accurate and documented tally of damages requested. Most often, these take the form of medical bills, lost income statements, and other economic losses associated with an injury and accident. However, in the case of back injuries, long-term injuries and other non-economic damages are common. Back injuries, such as some of the following, pose long-term pain, discomfort, and oftentimes, multiple incidents of medical intervention potentially up to years after an accident initially occurs, including:

• Spinal cord injuries

• Herniated discs

• Strained or torn ligaments

Getting Legal Help

Often, these injuries pose significant risk for interference with mobility, and in some cases, cause temporary or permanent disability. Having an attorney rectify these losses as much as possible through personal injury claims for back injuries is often the only recourse victims will have following an accident. Consult with an attorney today regarding any back injury sustained during a car accident, as many personal injury claims cases are under the statute of limitations related to filing claims, which vary by state.