A car accident occurs in a matter of seconds, but the resulting injuries can last for years — or even a lifetime. Life-altering back injuries from motor vehicle accidents are unfortunately all too common, requiring an enormous amount of care and sometimes even life-long management of the symptoms. Contacting an injury lawyer who can educate you about back injury settlements is one way you can protect your rights after being the victim of a negligent driver.
How Is a Car Accident Back Injury Settlement Reached?
If you’ve suffered a back injury from an Orlando car accident, it’s important to know that these types of injuries can be difficult to prove. After all, back injuries aren’t always detectable on imaging studies and diagnostic tests such as MRIs and X-rays.
What’s more, insurance companies may try to avoid paying a settlement by claiming that your back injury was the result of degenerative changes due to age, and that your pain and symptoms occurred before the accident took place. They may also try to claim that you’re exaggerating the severity of the injury and, therefore, are not deserving of the fair settlement you’re seeking.
That’s why car accident back injury settlement is likely to be far more favorable to you with the help of legal representation. An experienced car accident lawyer will be able to reach a fair negotiation by proving the following:
- The at-fault driver violated their duty of care (by disobeying traffic laws or driving while intoxicated, for example). You must be able to establish that the duty of the defendant existed and that this duty was breached as a result of their negligent actions.
- The at-fault driver’s carelessness was the direct and undeniable cause of your injury.
- That you suffered an indisputable back injury and that the car accident was what caused your injury.
Not every case ends at the negotiating table, though. Sometimes, it takes fighting all the way to a jury trial to recover damages that are comparable to the value of your case.
Establishing the Severity of Your Car Accident Back Injury
If you’ve suffered a moderate to severe back injury, you’ll be facing some high medical bills, whether for surgeries and/or for ongoing care and rehabilitation. Depending on the severity of your injury, you may even be unable to work for the foreseeable future — and your settlement should reflect this fact. An experienced lawyer will be able to help you establish the severity of your injury by submitting related evidence, including:
- Medical expert testimony. Having a knowledgeable medical expert in your corner is key to proving that you’re entitled to damages for your injury. A medical expert, such as a doctor or other healthcare professional, will be able to make this causal connection that your injury resulted from the accident, thereby increasing your chances of obtaining a fair settlement.
- Medical documentation. Once you’ve treated your injuries, your attorney can submit copies of all of your medical records and bills from the healthcare professionals who provided your treatment. This will help establish the specific expenses associated with your treatment, contributing to your settlement amount. It can also confirm a diagnosis, proving that you were consistently treated for your injuries following your accident and determining any necessary future treatment costs, if applicable.
Back Injury Damages in a Car Accident Back Injury Settlement
The process of seeking damages from a car accident injury can be very complicated to navigate alone. That’s why it’s best to partner with an experienced attorney who has the expertise to pursue the compensation you deserve. Whether you ultimately settle or go to trial, it’s necessary to make sure you cover all possible grounds for compensation. The damages you may be entitled to include:
- Past and future medical expenses:Â Payment of all related medical bills and out-of-pocket expenses caused by your injury.
- Past and future loss of income:Â Payment of lost income from having to seek medical treatment for the injuries and missed work time.
- Pain and suffering:Â Compensation for all of the suffering, pain, and inconvenience that you have to endure because of the injuries you sustained in the accident.
- Loss of consortium:Â Married couples can seek compensation for loss of spousal companionship or support that is related to the back injury.
Is There an Average Back Injury Settlement?
The settlement value for a spinal injury, varies depending on the nature of the accident and the severity of the injuries, which is why it’s difficult to pinpoint an average settlement amount.
Typically, the more serious the injury suffered and the more medical treatment you receive for your injuries, the higher the settlement offer is likely to be. It’s important to remember, however, that the at-fault driver’s insurance company will go to great lengths to offer you a lower settlement than you deserve. That’s why this stage of the process is best handled by an attorney, especially since some insurance providers will only speak with a lawyer to negotiate the settlement.
An experienced car accident injury lawyer can advocate for your interests, working to maximize the types and amounts of damages you receive as your settlement. If the at-fault person’s insurance company refuses to offer you fair compensation for your injuries, a lawyer can litigate your case and, if necessary, take it to trial.
A Legal Team That Cares About Your Recovery
We know how easy it can be to feel overwhelmed about what to do next after being involved in an accident. That’s why we’ve made it our goal to help people who reach out to us by educating them about their options, from how to seek out the medical care you need — even when you think you can’t afford the cost — to your possible legal options for recovering compensation. Contact FVF today for a free, no-obligation consultation to discuss your case.