Most car accident claims 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.
Most 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 back injury settlement.
Examples of Back Injury Case Results
Possible Damages for a Back Injury Claim
Back Injuries after a car accident can result in tens of thousands in medical bills, on-going medical treatment and non-economic damages. It can also cause you to miss work in the past and future. 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. We can help determine an appropriate amount for your damages using specific calculations based on evidence and documentation.
Additionally, the 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.
What if I Am Partially at Fault in the Car Wreck that Caused 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:Â Two years (Sec. 16.003)Â 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.
At Farah Law we can advocate for your best compensation outcome following a car accident. Understanding the legal options available is imperative to financial recovery. Schedule a consultation to learn more about your rights.
