Filing Lawsuits for Back Injury-causing Accidents
Updated: Apr 26
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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.
What Are Some 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
Inability to manage the bladder or bowels
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. If you're concerned about the cost, don't let them escape this burden.
Different Types of Back Injuries
In an accident, you will suffer from a variety of different 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. The discs will rupture (or herniate) and/or compress the nerves in your spine if this happens. When a disc ruptures, the fluid-like material inside spills out 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 be in a lot of pain and discomfort. Discs in a healthy spine are rigid and lie squarely between the vertebrae. When the discs move, become misshapen, damaged, or squeezed, bulging disc injuries occur.
Due to swelling and inflammation, these herniated discs begin to place increasing amounts of pressure on the spinal cord over time. Unfortunately, the symptoms worsen when the pressure in the back rises.
Symptoms of a bulging or herniated disc include:
Back, shoulder, or leg pain
Numbness or tingling in the extremities
Walking with discomfort
Feelings like pins and needles in the extremities
Regulation of the bowels or bladder is lost
Accident victims can feel intense pain from herniated disc symptoms, which can quickly become chronic and debilitating. As a result, it's important to seek medical help as soon as possible after an accident. A herniated or bulging disc will require an MRI to be diagnosed.
When you or someone you care for has been involved in an accident, seek medical treatment right away to rule out a back or spine injury. The only way to avoid these accidents from being chronic and disabling is to seek medical attention as soon as possible. Surgery can be needed if the herniated disc is serious enough.
Damage to the nerves. In the spinal column, there are 31 main nerves. These nerves are responsible for allowing 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 ability to communicate effectively 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 is capable of leaving a permanent scar or disfigurement on the victim.
While the concept of a traumatic accident can seem to be 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 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 back injury lawsuit on average?
As a survivor of a serious accident, you will certainly be curious as to 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 a settlement offer?
Unfortunately, there's no way to tell how long it'll take to find a fair settlement for your lawsuit. 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 Los Angeles, catastrophic injury lawyer, 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.
If the damage was not immediately evident, the statute of limitations could be legally extended. In such cases, a competent personal injury attorney might be able to argue that the statute of limitations should begin when the accident was found rather than when it occurred. However, since serious accidents are normally severe enough to be noticed right away, a statute of limitations on a catastrophic injury lawsuit will be unusually long.
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. To file a lawsuit, locate a Los Angeles back injury lawyer.
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. According to one report, the back is implicated in one out of every five occupational accidents. A back injury usually takes the average worker 12 days to completely recover from. As a result, last year, workers miss more than 264 million days of work due to back injuries.
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
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 the majority of employers in the state. Employees who are injured or become sick on the job are covered by this provision. Medical costs, missed earnings, and disabilities can all be eligible for benefits.
When you make a claim for workers' compensation insurance, you give up your right to sue your employer for personal injury. If a third party is not to blame for the accident or back injury, you will file a lawsuit.
Damages Available to Los Angeles Back Injury Victims
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 lawyers at 1000Attorneys.com can look into your case and to get all the compensation you deserve.
You will be entitled to recover both economic and non-economic damages in most cases, including: