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Filing Lawsuits for Back Injury-causing Accidents in California

Updated: Nov 30, 2022

How To File A Lawsuit With The Help Of Top Rated Back Injury Attorneys In Los Angeles

Back injuries occur when the back's bones, muscles, and/or tissue are weakened, broken, or overused. Injury to the backbone, also known as the spinal column, which extends from the base of the skull to the tailbone, is one example. Extreme spinal cord damage is considered a much more severe spinal cord injury.

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What Are The Common Back Injury Symptoms?

Any time you suspect a back injury, you can seek medical assistance. If left untreated, these injuries will worsen, much like other injuries. The most common signs of a back injury are pain and discomfort.

Some signs and symptoms are far more alarming. If you happen to have any of the following symptoms, contact your doctor right away:

  • Tingling or numbness

  • A weakness in one's limbs

  • Coordination problems

  • Spasms

  • Inability to manage the bladder or bowels

  • Fever

  • Breathing problems

If any of your symptoms continue, you should see a doctor. If your body isn't recovering well on its own, you'll almost certainly need medical help. Since sustaining a back injury, a reckless defendant is legally obligated to cover the medical bills. Don't let them escape this burden if you're concerned about the cost.

What Are The Different Types of Back Injuries?

In an accident, you will suffer from various back injuries. Here are examples:

  • Sprains and Strains. Damage or wear-and-tear to ligaments and tendons in the back causes back sprains and strains. A single high-impact accident or chronic overuse may cause these injuries. Back sprains and strains are among the most frequently reported workplace injuries in the Los Angeles area.

  • Vertebral Fractures. There are 26 vertebrae in the spinal cord. Vertebrae are a group of small bones that make up the spine. These small bones can fracture if you're in a traumatic accident or if you're subjected to excessive force. Compression and burst fractures are two distinct types of vertebral fractures.

    • When the vertebrae collapse and compress together, compression fractures occur. A degenerative disease, old age, infection, overuse, or a traumatic accident may all cause this.

    • When the vertebrae crack, fragments of bone fly into the spine and/or tissue, causing a burst fracture. This is normally the product of a serious, high-impact incident, such as a car accident or a fall.

  • Disc Rupture and Bulging. Tiny fluid-filled disks divide and cushion the vertebrae in the back. These discs can slip out of place as a result of back trauma. If this happens, the discs will rupture (or herniate) and/or compress the nerves in your spine..

    • When a disc ruptures, the fluid-like material spills through the tough outer layer. Excruciating pain, numbness, tingling, and reduced movement are all symptoms of herniated discs.

    • If you have a bulging disc injury, you might have a lot of pain and discomfort. Discs in a healthy spine are rigid and lie squarely between the vertebrae. Bulging disc injuries occur when the discs move, become misshapen, damaged, or squeezed.

  • Damage to the nerves. In the spinal column, there are 31 main nerves. These nerves allow one part of the body to interact with another. Movement, body temperature, breathing, and even digestion are all regulated by a healthy nervous system.

    • When the nerves in the back are affected, the body's communication ability is harmed. Communication can be completely disabled or just marginally hampered. Both can cause excruciating pain, a reduction in bodily functions, and even paralysis.

Back Injuries May Lead to Catastrophic Injuries

Anyone who has been wounded in an accident that was not their own would take any injury seriously. However, by medical or legal definitions, this does not indicate that the injury is catastrophic. In most cases, an injury is considered devastating if it disables a limb or organ, is obviously life-threatening, and/or can leave a permanent scar or disfigurement on the victim.

While the concept of a traumatic accident seems arbitrary, it may be vital to your argument. If a doctor notes that your injuries are serious, it would be clear to the insurance firm administering your Spine Injury Claim that you are not exaggerating your injuries and that the case will need to settle for a higher sum than they originally expected.

How Long Does It Take to Settle a California Back Injury Lawsuit?

As a survivor of a serious accident, you will certainly be curious about when your lawsuit will be settled. Every day you go without earning an equal reward is a day you are financially stressed. So, how long do you think you'll have to wait for an offer for a back injury settlement in California?

Unfortunately, there's no way to tell how long it'll take to find a fair back injury settlement in California. Also, in simple situations with no complex liability problems, it may take several months for the insurer to want to finalize a settlement agreement.

Catastrophic injury lawsuits can just slow down the process. The much higher amount of compensation needed would make the insurance provider much more reluctant to accept any obligation.

However, with the help of an experienced Back Injury Attorney in Los Angeles, you might be able to persuade the insurer to both avoid responsibility and offer a reasonable payout sum. Finding this middle ground in negotiations will help move the whole process forward more easily and smoothly.

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Common Back Injury Accidents in California

Back injuries can be caused by a variety of factors. Some are the product of long periods of chronic overuse or prolonged stress. Others are the product of a life-changing incident. Back injuries are commonly caused by the following factors:

If anyone else's negligence causes a back injury, you have the right to file a federal claim for damages. Find a Back Injury Lawyer in Los Angeles to help you file a California back injury lawsuit.

Work-related Back Injuries

In the United States, back pain and trauma are the primary causes of disability. A lot of these back injuries happen at work. Employees in certain industries and fields, especially those requiring manual labor, are more likely to sustain a back injury at work. There are some of them:

  • Drivers of commercial trucks

  • Staff in the freight industry

  • Material and stock movers

  • Assistants in nursing

  • Nurses

  • Janitors

  • Staff in the maintenance department

Repetitive physical movements over a prolonged period of time, overextension, abrupt twisted movement, falls, and other incidents are all common causes of occupational back injuries.

Recovering Compensation for a Back Injury at Work

Employees who are injured on the job in California have many rights under the law. Workers' compensation insurance is required for most employers in the state. This provision covers employees who are injured or become sick on the job. Medical costs, missed earnings, and disabilities can all be eligible for benefits.

If you're having problems claiming this compensation, you might need to file claims to get a California workers' compensation back injury settlement.

How to File a Back Injury Claim in California?

When an individual, corporation, or other legal entity owes a complainant a duty of care and acts (or fails to act) in a way that causes injury, this is referred to as "negligence." Almost everybody owes anyone a duty of care, whether to keep the property free of dangerous hazards, drive carefully so as not to endanger other drivers or pedestrians, or sell secure goods when used in a foreseeable manner and not harm someone.

If that duty of care is violated, then the defendant is negligent. They are legally liable for your financial and emotional losses. If they refuse to pay you or are trying to reduce the settlement owed, you can start a personal injury claim.

This claim often starts with your attorney sending liable parties a demand letter. Then, you wait for the defendant to respond. Depending on their response, you'll either start a settlement negotiation or go through a discovery process in preparation for the lawsuit.

To prove negligence in California, five elements must be present:

  • The defendant had a moral responsibility to act or not act in a certain way.

  • The defendant broke this responsibility.

  • The complainant was hurt as a result of the violation of duty.

  • The defendant should have anticipated (predicted) that their behavior or omission would cause harm to another.

  • Hospital bills, lost earnings, pain, suffering, and other compensable losses due to the accident.

How Much Is A Back Injury Worth In California?

Back injuries may have both short-term and long-term effects. You may be in excruciating pain and unable to enjoy life as much as you did before the accident. You have the right to sue the person (or people) who caused your back injury. Our pre-screened Los Angeles Accident Lawyers at can look into your case and get all the compensation you deserve.

You will be entitled to recover both economic and non-economic damages in most cases, including:

  • Medical expenses

  • Rehabilitative care

  • Nursing assistance

  • Disfigurement

  • Permanent scars

  • Emotional anguish

  • Wages that have been lost

  • Disabilities that are either temporary or lifelong

  • Loss of the enjoyment of life

  • Reduced earning potential (lost future earnings)

How Much Should I Settle For A Back And Neck Injury?

As a result of your back injury, you will suffer various losses. First, there are economic losses. These are the expenses that can be supported by receipts and other documentation, such as:

  • Medical expenses (for treatment, equipment, and medications)

  • Wages lost (including bonuses, commissions, and any lost benefits)

  • Lost/damaged property

There are also non-monetary losses. These damages cannot be quantified with a receipt but can also be covered in a personal injury case. There are some of them:

  • Pain and Suffering

  • Loss of the enjoyment of life

  • Missing out on life's most important moments (graduations, weddings, etc.)

  • Changes in your day-to-day routine (being unable to hold your children, giving up hobbies, etc.)

A defendant's actions can be particularly heinous in some cases. In these circumstances, the applicant is entitled to additional punitive damages under the statute. Punitive damages, as the name suggests, are intended solely to punish the defendant. They deter the defendant (and other prospective defendants) from participating in similarly egregious and risky behavior in the future.

Spine Injury Claims may also be compensated for potential damages suffered as a result of the defendant's negligence. Significant back injuries, for example, can render a victim permanently unable to function.

The defendant, in this case, must pay the plaintiff for all wages they may have received from the time of the accident until retirement. This remuneration also covers all benefits. They can be paid if the plaintiff should have received health benefits, company contributions to retirement plans, and other employment losses.

Similarly, for the remainder of his or her life, a survivor will be compensated for the estimated medical costs incurred as a result of the accident. These expenses can be staggering in cases of serious back and paralysis injuries. For the rest of his or her life, a paralyzed injury survivor will need full-time home care.

When you factor in the cost of new operations, hospitalizations, medical specialist appointments, and regular visits with a variety of physicians, the cost of potential treatment alone will easily reach millions of dollars.

Treatment and rehabilitation for neck and back injuries

It's critical to seek medical advice and care rather than attempting to handle symptoms on your own. These are some of the most common treatments for a mild neck or back injury:

  • A brace to help with stability. To prevent certain body parts from moving in a certain way, your doctor may advise you to wear a neck or back brace.

  • Heat or ice. Heat relieves muscle stress, while ice tends to minimize swelling. Depending on the severity of the injury, the doctor may recommend applying heat or ice to the affected region.

  • Pain relievers. If you're given a prescription painkiller, talk to your doctor about how much you should take and how long you should take it. Some painkillers are extremely addictive, and your doctor should educate you about the dangers so you don't get addicted.

  • Rehabilitative or physical therapy. Physical therapy assists in rehabilitating strength, range of motion, and muscle loss.

  • Surgical procedures. Surgery can be a choice for serious injuries. Your doctor will inform you if surgery is recommended or whether there is a non-invasive treatment option.

While some patients believe that chiropractic therapy is beneficial, some insurance providers consider it alternative medicine, so check with your Back Injury Attorney in Los Angeles to see if your treatment is covered.

Workers' Compensation for Work-related Neck, Back, and Spinal Cord Injuries

A worker's compensation claim can be made in one of two ways:

  • An injury that occurs as a result of a workplace accident or trauma

  • An injury that has worsened over time as a result of routine or strenuous work

Workers' compensation should cover any accident or injury that occurs at work or while performing work-related activities. If a single event involves an injury, proving that it occurred at work is usually simple — you'll need medical reports to prove that you were treated for the accident's injuries.

Back injuries caused by heavy lifting, bending, or other acts unrelated to a single event are more difficult to prove as work-related. Consult a Back Injury Lawyer in Los Angeles if you think your employment causes your back or neck injury.

Statute of Limitations for Back Injury Cases

The statute of limitations for most personal injury cases is two years from the date of injury. You have two years from the accident date to file a case due to the statute of limitations. If you do not bring a complaint within the time period, the defendant will get the case dismissed without having to pay you anything.

It is crucial to begin talks before that date so that you have ample time to file a California back injury lawsuit if necessary. There may be some deadlines that you must meet before the statute of limitations expires in certain cases. You must notify a government body of your allegation within six months of the accident if you bring a lawsuit against them. And if you file your complaint within the deadline, your case will be dismissed if you don't do so.

It is important to speak with a Back Injury Lawyer in Los Angeles as soon as possible about your situation. Next, the lawyer would be able to assess any deadlines that apply. Second, your back injury lawyer will begin collecting any information that might be relevant to your case. Surveillance video, police reports, photographs, witness statements, and other documents are among the facts.

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When Should You Contact the Defendant's Insurance Provider?

Many accident victims wait until they have met with the insurance provider before contacting a Back Injury Attorney in Los Angeles, so you should not have to wait until you have spoken with the responsible party or the insurance company that protects the liable party.

If you've already spoken with an insurance company representative, it's possible that your initial discussion with the insurance company prompted you to seek legal advice about your claim.

The insurance provider denies your claim.

Many accident victims are shocked and frightened when they hear that their insurance provider has rejected their claim. You may be upset that, in addition to navigating your injury and recovery, you will now have to find out how to pay your medical bills on your own.

If the responsible party's insurance policy rejects the argument, a Back Injury Attorney in Los Angeles will help you appeal the decision and reach a more satisfactory outcome. For a variety of reasons, the insurance provider can refuse the claim.

The insurance company could try to prove that you were the one who caused the accident, or that the accident was caused by someone else. For several accident victims, the inquiry yields more than just information on who caused the accident. It can also disclose important details about whether or not other people were involved in the accident. This information will assist the claimant in filing a personal injury lawsuit against each responsible party.

An experienced Back Injury Lawyer in Los Angeles may help you understand what details the insurance provider can need to accept your claim. Your Auto Accident Attorney in Los Angeles will assist you in putting yourself in the best possible negotiating position to improve the chances of a favorable back injury settlement in California. If the insurance provider denies your claim, an experienced Los Angeles Accident Lawyer will file an appeal and provide facts to improve the chances of a favorable outcome.

The insurance provider takes too long to respond to the Spine Injury Claim or to pay it.

Although it has been some time since your accident, you have received no response from the liable party's insurance policy or from the liable party directly.

Alternatively, you may have received a quick response from the insurance firm initially, but correspondence slowed. You have no idea what will happen next or when you will be paid for your petition. Maybe you also accepted the insurance company's settlement offer, but the promised payout never arrived.

Insurance firms can use various strategies to prevent your personal injury claim from being compensated. They always refuse to hand over funds until they are required to, even though you need them to cover your medical bills and handle your other expenses.

A Back Injury Attorney in Los Angeles may assist you in obtaining the information you need from the insurance provider. Often, merely hiring an Auto Accident Attorney in Los Angeles will signal to the insurance provider that you are serious about seeking compensation. A back injury attorney will also notify you of the fines that the insurance firm could face if it denies your Spine Injury Claim.

The insurer makes a lowball settlement bid.

Often insurance providers will attempt to reduce the compensation they pay an accident survivor rather than addressing the victim's interests and adhering to the letter of their policies. This generally starts soon after the accident. The insurance provider can contact you within days of the accident with a settlement offer. This deal will represent the bare minimum that the insurance company believes it will pay you.

If you take the deal, there's a fair chance it won't cover the full scope of your injuries (both now and in the future). However, accepting the original offer generally prohibits you from seeking further compensation later, even though the real costs exceed the initial settlement sum.

Contact a Back Injury Lawyer in Los Angeles before accepting a settlement offer from the insurance provider or the responsible party in your accident.

The insurance provider refuses to negotiate.

Since getting a settlement offer, you might have opted not to hire a lawyer right away. After all, even a cursory glance revealed that the offer did not represent the funds you truly deserved, particularly given your accident's seriousness. You turned down the bid and countered with one of your own.

Unfortunately, the insurance provider tends to make lowball deals that do not represent the accidents' true cost.

A Los Angeles Accident Lawyer will advocate for the money you are entitled to. A Personal Injury Lawyer in Los Angeles will represent you in court if your argument requires it. The attorney would focus on your interests throughout the agreement rather than the insurance companies.

Find Prescreened Back Injury Lawyers in Los Angeles (And Across California!)

Have you or a loved one recently been in a terrifying accident? Have you or a loved one recently suffered a severe injury due to someone else's negligence? can refer you to an experienced California Attorney For Personal Injury that best fits the case. Contact us on our 24/7 lawyer referral hotline at 1-661-310-7999 or complete our inquiry submission form for a FREE INITIAL CONSULTATION.

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