Proving Back Injuries in a Car Accident Claim
You’ve been in a car accident, now what?
What if you have a back injury or whiplash? Back injuries happen all the time with car accidents.
Even the slightest jolt from a car accident, even minor, can cause injury to your neck or back.
These injuries can be hard to prove since in most cases there are no visible signs other than the pain you feel.
In most cases you can’t see back and neck injuries like you can see other injuries like cuts and bruises where there is physical evidence of the injuries you suffered.
Back and neck injuries not only are hard to prove but hard to diagnose and even harder to heal. Back injuries after a car accident may never fully heal no matter how much medical treatment you have, leaving you with a lifetime of pain.
Injuries Can Take Time
When you’re in a wreck you may not even notice that you have a back or neck injury until much later.
Sometimes injuries don’t present themselves immediately after an accident, especially back and neck injuries. You might not notice sometimes for days after the accident. It is advised to seek medical attention immediately after the accident even if you feel you’re not injured, just get checked out. Getting medical attention can not only diagnose any injuries you may have including back injuries but it can help with any personal injury claims that come later.
Richard Harris has been representing accident victims for over 40 years in Nevada.
We have the expertise to prove damages and fight for your rights. Speak directly with a back injury lawyer at your free consultation.
Car accident injuries are more common than you think
According to recent crash statistics in the U.S. show that on average 4.4 million people are injured seriously enough to require medical attention after a car accident.
Of all the injuries, back and neck injuries are some of the most common injuries.
There are so many ways that back injuries can occur in an auto accident.
The bottom line is that if you had not been involved in an accident you would not have gotten injured.
All drivers on the road need to be careful of other driver’s and pedestrians. If other driver’s are negligent for their actions you are entitled to file a claim to recover damages for your injuries.
Filing a claim does not automatically get a settlement for your injuries. You still need to prove that your back injuries were a direct result of the accident you were involved in, either to the insurance company or the court.
Challenges of proving back injuries in a car accident
Back injuries are more common than most people think and there are many ways that back injuries happen.
Back injuries can be caused by heavy lifting, falling objects, muscle imbalances, or a number of other causes.
It might be hard to prove that your back injury came from the car accident.
Your personal injury lawyer will know how to build a strong case.
The insurance company will try to say:
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Your injuries to your back happened before the accident
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The injuries you have are not as serious as you claim
Because back injuries can be caused by a number of things other than a car accident the other driver’s insurance may try to diminish your claim or try to deny the claim altogether.
Proving your back injury resulted from your car accident
We are not made to take the trauma that is associated from a car accident.
The place in the car and the position of your body can lead to severe and sudden back injuries.
Even a mild car accident can damage the delicate spinal cord.
Car accident often lead to injuries like:
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Spinal Cord injuries
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Herniated or Bulging discs
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Compression Fractures
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Whiplash
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Soft tissue damage
To diagnose these injuries a doctor will most likely order tests like X Rays, MRI’s and CT scans to determine what the injury is. After the tests the doctor may diagnose your injuries and offer a course of treatment. For your case you’ll need to keep all medical records to present to your attorney and insurance company. Always get medical treatment as soon as possible and consult with a back injury lawyer. Save all the evidence from the accident to give to your lawyer, since proving your case against a back injury can be difficult. If you have been injured in an accident that was not your fault you deserve compensation for your injuries.
Building you car accident claim
When seeking a settlement for your injuries related to a car accident, you need to gather evidence. You claim must show:
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The other driver’s negligence caused your accident
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The injuries you sustained including back injuries are the result of the accident
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The damages are a result of the accident and the back injuries
Not seeking an attorney’s advice can lead to the insurance company determining the settlement you deserve if they give you one at all. You need to take steps to prove the connection between your accident and your injuries.
The steps include:
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Proving the other driver’s fault-You must prove that in Nevada the other driver or drivers were at fault in the accident. Even if you had part in the accident fault you still may be able to receive a settlement. Insurance companies will try to make you the at fault party to try and not pay you. You’ll need to prove the other drivers at fault with:
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Gathering evidence from the scene
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Interviewing witnesses
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Investigating the accident cause
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Taking pictures and gathering video
A car accident attorney will help gather and investigate evidence.
Prove the severity of your injuries
Claims are based on the severity of your injuries and the negligence of the other driver.
You need to prove the severity of your injuries to get the full compensation you deserve.
See a doctor as soon as possible after the accident. If the injury seems to get worse go back to the doctor or emergency room as soon as possible.
Document all medical appointments and save all bills related to the injuries.
Proving the severity of your injuries include:
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Treatment costs
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Lost wages
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Pain and Suffering
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Future medical needs
Your proof should include how a back injury has changed your day to day life.
Don’t Wait
Proving a back injury happened from a car accident is hard enough. The longer you wait to file the claim the more issues can occur. You could lose gathered evidence and this makes it more difficult for the insurance company to believe your claim.
In Nevada you only have two years to file a claim for compensation of personal injury.
Take action immediately to avoid any doubts about your case. The best course of action is to contact one of our experienced attorneys in Reno or Las Vegas to go over your case options with you.
Talk with our team free of charge today
Richard Harris has over 40 years of experience building strong cases against insurance companies. Our team is here to help build a case that gets you the compensation you deserve. We take no money up front and only accept payment when we win your case. Call today to schedule your free consultation if you suffered a back injury from an accident.