categories > talk

Claiming a Car Accident Back Pain Settlement

If you have suffered from injuries as a result of a car accident, then a car accident back pain settlement is likely to be on your agenda. Back pain is a very serious and debilitating thing, and it can affect your ability to lead a normal life, and to work. Accident settlement amounts can vary massively, but if you work with a good lawyer (and there are many no-win, no-fee lawyers that can help you with back pain issues), then you can get a payment that will at least cover your costs for your medical treatment, and make up for some of the loss of earnings. A car accident back pain settlement can be a lengthy process, depending on how you were injured, but it is worth pursuing. When you put in a back injury claim, you will have a chance to describe what happened, and to produce evidence of the treatment that you sought. Back injuries can range from a strain or sprain (which can still be debilitating in the short term), to serious damage to the spinal cord that can cause paralysis in the long term.

The auto accident settlement that you get will depend on what kind of case the accident is and who was at fault. Usually you will get economic and non-economic (compensatory) damages. You can claim for lost income, which includes short term wages, and any reduction in your future earning capacity. You can claim for lost vacation time, missed work, etc. If your injuries will affect your ability to do the kind of work that you were doing, then you can claim for that. There is a pain multiplier that is used to assess the damages that you qualify for in terms of the severity of your injury. The courts will multiply your economic damages by a multiplier (which will vary depending on whether it was a short term or a significant, lasting injury), to get the compensatory figure.

Emotional distress is also taken into account for a car accident settlement, but only in cases where the injury has a lasting impact on your quality of life, and only in states where emotional damage can be counted. Back injuries that involve partial or complete paralysis could also qualify for 'loss of consortium', which means is the term used to describe the way that the victim's loved ones may have been deprived of relationships and companionship. Sometimes, it's possible to claim for punitive damages, if you can prove that the defendant's action or their inaction was more than just general negligence. This would require a full civil trial, however, and it can be hard to prove that it was more than just some basic mistake.

If you are thinking of claiming damages for a back injury in a car accident settlement, it's important that you document everything that happens, and seek professional advice from a lawyer as soon as possible. If you are partially at fault, then you may find that it is hard to recover anything in certain states, so tread carefully.