Can You Seek Compensation for Car Crash Back Injuries?
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- Can You Seek Compensation for Car Crash Back Injuries?
August 13, 2021
Back injuries from car accidents can be extremely painful and debilitating. The pain can prevent people from working or engaging in many of the activities they once enjoyed. This can put a strain on relationships and lead to poor mental health.
Proving the value of a claim for a back injury can be challenging, as these injuries must be evaluated on a case-by-case basis. Pain levels can be highly subjective, and people respond differently to treatment.
Below, learn more about determining the value of a car crash claim for a back injury and the challenges involved. Victims should strongly consider hiring an experienced attorney to assist them in pursuing compensation for damages.
Phillips Law Group has been assisting car crash victims for nearly 30 years. In that time, we have obtained hundreds of millions in compensation on behalf of our clients, helping them to move forward after a devastating crash.
Evaluating Car Crash Back Injuries
A diagnosis from a licensed medical professional is just one piece of evidence you will need to recover compensation for a back injury. Some of the most common car accident back injuries diagnosed by doctors include:
- Spinal fractures
- Spinal dislocations
- Herniated discs
- Ruptured discs
- Whiplash, which can affect the neck and back
Typically, doctors will examine the patient and observe his or her ability to sit, stand and walk. Doctors may also test the patient’s reflexes.
When doctors suspect a severe injury, they are likely to order an imaging test to detect the problem, such as a fracture or damage to muscles, tendons or ligaments. You may be sent for an X-ray, MRI or CT scan.
However, an X-ray or MRI and a doctor’s diagnosis may not be enough to prove the full value of your damages. You need to go through treatment and keep your doctors well informed about how treatment is working and the pain and other symptoms you are experiencing.
The things you tell your doctors should be noted in your medical records. It is important to have records showing multiple appointments with doctors and notes about how you are feeling and how the treatment is working. This helps to show you are taking this situation seriously and trying your best to recover.
Having a record of things that you told the doctor throughout your treatment helps to back up claims about ongoing pain and suffering and recommendations from doctors for ongoing treatment. Your lawyer may also recommend keeping a journal in which you describe ongoing pain and how it limits your activities.
If all you have is the diagnosis and a record of a few follow-up appointments, the insurance company/at-fault party is likely to claim your injury is not that serious and you do not need compensation for ongoing treatment.
Your goal needs to be to have strong, consistent evidence about your injury and how it affects you. For example, if you have a sprain or strain, it may not show up on imaging tests. You will need additional evidence to have a shot at obtaining full compensation for past and future medical bills.
Make sure not to skip appointments. If you need to reschedule because you do not have transportation or for another legitimate reason, that is fine, but you need to reschedule the appointment. Keep your Phoenix auto accident lawyer informed about things like this so he or she is not caught off guard when the insurance company brings it up.
It is OK to have concerns about prescription medication your doctor is recommending. Discuss alternatives with him or her or consider seeking a second opinion from another doctor.
Your lawyer may recommend taking statements from friends and family members about how your back injury has affected you. This helps to establish how things have changed since the injury, which speaks to your quality of life and ongoing pain and suffering.
One of the challenges of validating a back injury claim is that symptoms may be delayed. You may not notice them for a few hours or days after the crash. That is why it is important to notify your doctor the moment symptoms begin. In fact, if you feel a little bit sore after the crash but do not think it is severe, tell the doctor. You could be wrong, and symptoms may present themselves soon.
If you tell your doctor about mild symptoms right away, it may be easier for your lawyer to link these to more severe symptoms later. You need to be prepared for the insurance company to say your injuries were caused by something else. If you do not report any symptoms the first few days after the crash, the insurance company may be able to argue something else happened after the crash that caused your injuries.
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At Phillips Law Group, there are no upfront fees, and the initial consultation to discuss your claim is free of charge. If you hire our firm to represent you, there are no fees while we work on your case. Our lawyers do not get paid for representing your case unless you receive compensation.
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