The back is an intricate system of muscles, tissue, and bone connecting to each body part, and when a back injury occurs, the entire body may feel its impact. Injuries to the back may be slower to heal, requiring you to change how you engage with life. While minor sprains and strains may heal after a few weeks, significant back injuries may be lasting, impairing your ability to perform daily tasks.
If you've been injured in a car accident in Texas or New Mexico, your best course of action is discussing your legal options for compensation for a back injury with a Houston car accident attorney. At Farah Law, we recognize your care and recovery benefit from sound legal guidance that seeks to secure the best compensation possible.
Negotiating a Car Accident Settlement
Most car accident claims in Texas and New Mexico are negotiated through settlements with the at-fault driver’s insurance company. This legal option is often the most expedient way to secure compensation for the damages you suffer from back injuries in a car wreck.
You are not required to have a car accident lawyer negotiate a claim. However, many back injury victims significantly benefit from working with a Houston personal injury lawyer who understands the actual value of your claim and the avenues the insurance company may take to reduce your settlement amount.
Navigating a Back Injury Insurance Claim
Most Texas and New Mexico car accident victims who sustain back injuries are filing an injury claim for the first time. Settlement amounts are not predetermined but are based on the damages impacting you. Understanding what you may claim as damages is significant to improving the outcome of a Texas or New Mexico back injury settlement.
An insurance company may attempt to reduce the amount of your claim using the following strategies:
- Failing to return phone calls and emails or providing slow responses
- Requesting excessive documentation
- Attributing your back injury to a pre-existing condition
- Minimizing noneconomic damages, such as pain and suffering
- Disproportionately assigning fault to you for the accident
- Offering a fast settlement before you know the extent of your back injuries
Quickly settling a claim may seem helpful, as it provides faster access to financial support for your incurred costs. However, failing to uncover the full extent of your damages can cost you significantly and really only benefits the insurance company. Once a claim has been settled, future expenses for medical care will be your responsibility.
Filing a Civil Action for Personal Injury
Taking legal action can feel overwhelming and even intimidating, but it is your legal right to seek compensation for your injuries from an at-fault driver. The insurance premiums a driver pays cover the costs of damages caused by negligence in an accident. Our Houston car accident attorneys at Farah Law bring decades of experience to your case and may provide the following services:
- Ensure your case has sound documentation
- Protect time-sensitive evidence from erasure
- Meet critical filing deadlines for a lawsuit
- Evaluate your damages and account for future medical care and other expenses
- Secure eyewitness testimony
- Work with expert witnesses
- Litigate your case in court
At any time during the legal process, a case may be settled if the insurance company is willing to negotiate a fair agreement. Because of our comprehensive evaluation of your damages, we will have a clear grasp of your damages and provide you with available options. You are then able to determine the best outcome based on your needs.
Possible Damages for a Back Injury Claim
Our Houston personal injury attorneys will work with you to effectively evaluate the damages you have suffered in a car accident. We will determine an appropriate amount for your damages using specific calculations based on evidence and documentation. You may be compensated for the following:
- Medical expenses, both past and future
- Therapeutic and surgical costs
- Lost income and wages
- Medication costs
- Travel expenses for medical care
- Pain and suffering
- Loss of enjoyment of life
Because certain damages are challenging to quantify monetarily, it is common to receive pushback on their recovery. However, they are as impactful on life as damages with defined monetary values. Let Farah Law work to recover the compensation you deserve.
What if I Am Partially at Fault in a Car Wreck Causing My Back Injuries?
Being found partially at fault in a car wreck causing back injuries will impact your claim. Negligence laws vary from state to state. The following negligence laws apply in these states:
- Under Texas’s modified comparative negligence laws, damages are not recoverable if a claimant’s percentage of fault is more than 50%.
- Under New Mexico's pure comparative negligence laws, damages may be recoverable as long as a party is not 100% at fault.
When you are legally allowed to seek compensation for a back injury in Texas or New Mexico but are found to hold a proportion of responsibility for the accident, your percentage of fault is deducted from your compensation. Recognizing that fault may be disproportionately attributed to you in an accident stresses the significance of experienced representation in a car accident claim. It is vital to accurately represent your claim and any fault you may hold to protect your compensation.
Time Limits on Legal Options for Back Injury Victims After a Car Accident
State law determines how long you have to take legal action to seek compensation for a back injury resulting from a car accident. Time limits for each state include:
- Texas: Two years (Sec. 16.003) from the date the injuries occur
- New Mexico: Three years (NMS §37-1-8) from the date of injury
Because of exceptions to these time limits, you should always seek guidance from a skilled legal representative as soon as possible. The time you have to take legal action may be shortened or extended depending on these exceptions.
A Houston car accident attorney at Farah Law will advocate for your best compensation outcome following a car accident in Texas. We also serve clients in New Mexico who have suffered personal injury. Understanding the legal options available is imperative to financial recovery. Schedule a consultation to learn more about your rights.
