Car accidents and slip and falls happen every day in Philadelphia. One minute, you could be rushing to get into an event. Suddenly, you could slip on uneven pavement, or a driver may hit you while they are texting behind the wheel. In an instant, you could be left with lifelong pain and limitations due to a back injury. Herniated discs, fractures of the vertebrae, whiplash, and other painful conditions can all result from scenarios like those listed above, and when another person is responsible for them, it makes sense to seek money damages.
Back injuries can have devastating consequences that result in a lifetime of expenses. Philadelphia Injury Lawyers P.C. understands the true value of claims in cases of neck and back injuries, and we will fight to make sure you are rightfully compensated for your pain, suffering, and expenses. To protect your rights, call our back injury team today or reach out through our online contact form.
Damages You Can Claim in a Back Injury Lawsuit
Philadelphia personal injury lawyers can help the victims of back injuries recover any accident-related costs in their claims. Here are some of the damages you may be able to recover in a civil lawsuit related to a spinal accident:
- Medical expenses : Includes the cost of all medical treatment related to the accident, such as emergency care, hospitalization, orthopedic surgery, medication, physical therapy, and ongoing care.
- Lost wages: If the back accident prevents the victim from working, they may be able to recover compensation for the income they have lost as a result of the accident.
- Future lost earning capacity: If the back injury leads to a long-term or permanent disability that affects the victim’s ability to work or earn at the same level as before the accident, they may be entitled to compensation for the loss of future earning capacity.
- Pain and suffering: Back injuries can cause extreme physical pain, as well as emotional distress. Victims may have the chance to seek compensation for the non-economic losses they’ve endured due to the injury.
- Loss of enjoyment of life: If the back injury limits the victim’s ability to participate in activities they once enjoyed or diminishes their overall quality of life, they may be entitled to compensation for this loss.
- Disability or disfigurement: If the back injury results in a permanent disability or disfigurement, the victim may be able to recover compensation for the impact this has on their life.
- Property damage: If the accident that caused the back injury resulted in damage to property, such as a vehicle, they might be able to receive compensation for repairs or replacement of the vehicle.
- Out-of-pocket expenses: Victims might be eligible to receive compensation for other expenses associated with the injury, such as the cost of transportation to medical appointments or modifications to their home to accommodate a disability.
It’s important to note that the specific damages available in a personal injury claim will vary depending on the individual facts of the case. A back injury attorney in Philadelphia can help assess the extent of your damages and fight for the compensation you deserve.
Why Compensation Is Critical for Victims of Back Injuries in Philadelphia
The medical treatments that a person with back injuries must undergo can be extremely expensive, causing a significant financial burden. The situation can be truly overwhelming for the victim and their family, especially if the victim is the primary breadwinner and needs to find ways to support both their medical treatment and the daily needs of the family.
If you are unsure whether you have the right to file a lawsuit, work with a law firm that has a team of lawyers familiar with back injuries. It is important to remember that regardless of the cause of your back trauma, this medical condition can affect your life and normal function on a daily basis, even while you are in the recovery phase.
You may require special care and treatment to prevent your back trauma from worsening and to ensure a speedy recovery. All these things will require financial resources, and if your back trauma was caused by someone else’s negligence, filing a lawsuit could be your ticket to obtaining compensation for your damages, both physical and financial.
How a Philadelphia Back Injury Lawyer Proves Who Is at Fault After an Accident
Holding someone accountable for your back injury in a slip and fall or other type of accident claim can be challenging. Evidence s required to demonstrate that a third party is liable for your trauma. The process of proving fault after an accident can be time-consuming, especially if you are still experiencing significant pain and discomfort.
To establish liability, your legal team may:
- Investigate the accident: Attorneys will collect and assess evidence such as police reports, witness statements, photographs, and video footage to reconstruct the events leading to your spinal accident.
- Attorneys will gather and analyze evidence such as police reports, witness statements, photographs, and video footage to reconstruct the events leading to your back injury.
- Consult with medical experts: Back injury lawyers will work with medical professionals to assess the extent and cause of your injuries, as well as the long-term impact on your health and well-being.
- Identify liable parties: Your legal team will determine who may be held responsible for your injuries, such as negligent drivers, property owners, or manufacturers of defective products.
- Establish negligence: To prove fault, your attorneys must demonstrate that the liable party owed you a duty of care, breached that duty, and caused your injuries as a result of their actions or inaction.
This is where the assistance and guidance of a qualified legal team of Philadelphia back injury attorneys can be invaluable. They can help ease your burden by leveraging their expertise and knowledge to gather the necessary evidence to validate your claim and prove that someone else’s negligence caused your injury.
Call us today to find a hotel injury lawyer in Philadelphia or to get legal representation in any other type of personal injury case.
How Shared Liability Can Affect a Back Injury Claim in Philadelphia
In certain situations, multiple parties may bear liability for an accident that results in back back trauma which can complicate the process of pursuing compensation through a personal injury claim. This is often the case in vehicle collisions and workplace accidents. Understanding how shared liability can affect your back injury claim in Philadelphia is crucial to ensuring that you receive the compensation you deserve.
Comparative Negligence in Pennsylvania
Pennsylvania follows a modified comparative negligence rule in personal injury cases. Under this rule, an injured person can recover damages even if they are partially at fault for the accident, as long as their percentage of fault is less than 51%. However, the compensation they are entitled to receive will be decreased based on their percentage of fault.
For instance, if you are determined to be 20% at fault for the accident that resulted in your back injury and the total damages awarded are $100,000, you would be able to recover $80,000 (the total damages minus your 20% share of fault).
Navigating a back accident claim involving shared liability can be intricate and demanding, particularly when you are also dealing with the physical pain and emotional stress of your injury. Collaborating with an experienced Philadelphia back injury lawyer can help you protect your rights and enhance your likelihood of obtaining fair compensation.
Common Types of Back Injuries You Can Seek Compensation for in Philadelphia
Back injuries do vary from minor, mild and severe. These are the common types of back injuries our Philadelphia personal injury lawyers represent:
- Whiplash: While primarily associated with neck injuries, whiplash can also cause damage to the upper back and shoulders due to the forceful, rapid back-and-forth motion of the head and neck, like can occur in car accidents.
- Sprains and strains:Soft tissue injuries like sprains (ligaments stretched or torn) and strains (muscles or tendons stretched or torn) can occur in the back as a result of an accident like a slip and fall.
- Herniated or bulging discs: The force of an accident can cause the soft, gel-like center of a spinal disc to push through a tear in the disc’s exterior, leading to pain, numbness, and weakness.
- Compression fractures: Vertebral compression fractures appear when the bones of the spine collapse, often due to the force of an accident. These fractures can cause pain, height loss, and spinal deformities.
- Spinal cord injuries:Trauma to the spinal cord can result in partial or complete loss of sensation and motor function below the level of the injury. These injuries can be life-altering and may cause paralysis.
- Thoracic spine injuries : The thoracic spine, located in the mid-back region, can sustain fractures, dislocations, or other injuries in an accident, potentially affecting nearby organs and causing significant pain.
- Lumbar spine injuries : The lower back, or lumbar spine, is susceptible to trauma in accidents. Lumbar spine injuries can cause pain, muscle spasms, and limited mobility, and may also affect the nerves that control the lower body.
In general, the more serious an accident victim’s back injuries are, the higher the compensation. Why? This is due to the fact that catastrophic injuries have higher lifetime costs and medical bills. More serious injuries will also have a more significant negative impact on your quality of life. A herniated disc or multiple fractured vertebrae can cause you chronic pain and impact your earning power for years to come, so settlement and verdict amounts will generally be higher.
Understanding the Statute of Limitations for Back Injury Claims
In Pennsylvania communities like Philadelphia, there is a two-year statute of limitations on all personal injury claims, including back injuries. Although there are some limited exceptions, you will generally need to file your lawsuit within two years of the accident to ensure you can receive compensation. That’s why it is so important to speak with an attorney as soon as possible after your injuries occur. If you wait too long, you will lose your right to sue and you will be left to deal with the financial and emotional toll of your accident on your own. You could have medical expenses and chronic pain that prevents you from working, so it makes sense to seek out the guidance of an experienced lawyer.
A lawyer from our firm will be happy to speak to you about injuries to the neck and other areas of the spine, and because we operate on a contingent-fee basis, there is no risk or obligation to you. Call us to schedule a consultation with a lawyer, and you won’t be charged a dime unless we help you reach a settlement or favorable verdict in your case.
Call us today if you are looking for bone fracture lawyers in Philadelphia, or for any other type of personal injury attorneys.
Back Injury Lawsuit Process
The first steps in your spine injury lawsuit are documenting your injuries and speaking to an attorney. Did you see a doctor who treated you for chronic pain related to a herniated disc related to a workplace injury? Did you need to see an expensive orthopedic surgeon due to a fractured vertebrae you sustained from whiplash trauma in a car accident? These are both examples of accidents where another person may have been at fault, and in which you may have legal recourse against them. Your medical records will be crucial in building your case.
When you hire an attorney, they will collect your medical records and other evidence, like security camera footage and eyewitness accounts to support your case. For example, if you sustained neck trauma from a slip and fall inside a store due to a negligent employee, the store’s security camera footage and the accounts of other customers may support your version of events. Once presented with this evidence, the store owner may offer you a settlement, or they may prefer to handle the matter through their liability insurance company. This is often the preferred outcome, as it is the best way to get you the compensation you need as quickly as possible.
Of course, insurers don’t always make fair offers to accident victims. If you can’t come to an agreement with the responsible parties, it will be necessary to progress your lawsuit to the next stage. When you are fighting it out in court, the representation and guidance of your legal counsel will be invaluable in winning your case. Injury claims can be complex, and without competent representation on your side, you are unlikely to get any compensation to cover your medical expenses, missed time at work, and mental anguish.
Contact a Philadelphia Back Injury Lawyer
If your back injuries were the result of someone else’s negligence, contact Philadelphia Injury Lawyers P.C. You can reach our team in Pennsylvania 24/7 by calling us or through our online contact form.
No amount of compensation can reverse the damage that has been inflicted, but it can give you your life back by giving you the financial means to seek treatments and adaptive devices. You can read more about coping with adaptive living here. Get in touch with us to learn more about how we can help you move forward after a back injury. We can also provide you with brain injury lawyers in Philadelphia, so call us about any type of personal injury claim.