It isn’t uncommon for an individual to suffer a back injury after having been involved in a car crash. Sometimes, though, a victim might find that their symptoms are delayed and show up a few hours or a few days later while other times, the injury is evident right after the collision. If you suffered a back injury in an auto accident in Madison, you may be entitled to recover compensation from several parties that will not only help you afford the medical treatment you may have already had rendered, but also the treatment you may need in the future.
Before determining who the parties are that you are entitled to recover compensation from, you must consider who was at fault. Did another driver hit you or did you collide into another vehicle because you weren’t giving your full attention to the road? Was the vehicle a commercial truck or a company car? The answers to these questions can help you determine who you might be able to pursue for compensation.
Who are the parties I can potentially collect compensation from for the back injury I suffered in a wreck?
The first place a car accident victim typically looks to recover compensation from is the insurance company. If you were responsible for the accident, then you would file a claim under your policy and would need to satisfy any deductibles you have before your insurer will pay on your claim. If the other driver was at fault, then the claim would be filed through their insurance policy. We refer to this as a third-party claim.
Now, things can get a little more complex if the accident involved a commercial truck, public bus, or a company vehicle. In this case, if the driver of either vehicle was responsible for the wreck, you would likely file a claim through their employer’s insurance carrier. Under most circumstances, employers are held liable for an accident that involved one of their drivers.
What if other factors contributed to the crash?
Sometimes, it isn’t only the truck driver or bus operator who is liable for causing an accident. There have been instances where one or more parts of the vehicle malfunctioned (i.e. tires, brakes, etc.) which contributed to causing the crash. When this happens, an investigation must be conducted to determine if the manufacturing company that supplied the parts sold them with defects. If it is determined that the manufacturer did, then that company could also be held liable for providing compensation to cover your losses.
Important: If you aren’t successful at recovering the compensation you need and are entitled to from the insurance company, you can speak with an injury lawyer in Madison, MS to find out if filing a personal injury lawsuit is in your best interest.
How much is my back injury claim worth?
The severity of your injury along with how it has impacted your life and livelihood should all be taken into account when assessing what your claim is worth. The more serious your injury is, the more likely you will be able to recover more from the other party. You will also need to calculate what your damages are worth. Some of the more common damages car crash victims collect compensation for include:
- Pain and suffering
- Past and future medical bills
- Lost wages
- Loss of enjoyment of life
- Mental anguish
As you can see from the information provided above, back injury claims vary in value as it all depends on your particular circumstances. Therefore, if you wish to obtain an accurate estimate for what your back injury claim is worth, you will need to contact a Madison, MS car accident lawyer.
Understanding the Two Main Types of Back Injuries
According to WebMD, there are two main types of back injuries. These include:
Spondylolysis “is a defect or fracture of one or both wing-shaped parts of a vertebra [which] results in this vertebral slipping backward, forward, or over a bone below.” The injury generally occurs at the base of the spine and a person might suffer this type of injury at birth or after the vertebra becomes “broken by trauma or a stress fracture.”
Some of the common symptoms of spondylolysis include:
- Lower back pain
- Tightness and/or stiffness in the muscles
- Pain in the buttocks
- Pain that radiates down the legs
- Muscle weakness
- Cervical Radiculopathy.
Cervical radiculopathy “is the damage or disturbance of nerve function that results if one of the nerve roots near the cervical vertebrae is compressed.” This damage can occur “as a result of pressure from material from a ruptured disc, degenerative changes in bones, arthritis, or other injuries that put pressure on the nerve roots.” The pain begins as a result of the disc material compressing the nerve roots, says WebMD.
Common Symptoms of Cervical Radiculopathy
- Pain that spreads into the arm, neck, chest, and/or shoulders.
- Weakness and/or numbness or tingling in fingers or hands.
- Lack of coordination, especially in the hands.
- Loss of sensation in the neck, arms, or shoulders.
Depending on the severity of the injury, a victim might be required to attend therapy and/or undergo surgery to heal the injured area.
When might I need to hire a Madison, MS car accident lawyer after an accident?
Living life with a back injury can be difficult, stressful, and painful. Going to work and getting your daily chores done at home might be a challenge and you may even need to hire help to come in and assist with getting things done. between the medical expenses that have accrued and the additional costs you incurred as a result of your injury, it is no surprise why you might be looking to recover compensation from all liable parties.
If you are looking for a way to lift the financial burden you are experiencing as a result of the car accident you were involved in, Madison, MS car accident lawyer William E. Ballard is here to assist you.
You can reach Ballard Law, PLLC at:
108 S. President Street
Jackson, MS 39201