How Do I File A Back Injury Claim After A Car Accident?

Collisions can lead to various types of back injuries, depending on the impact and your position in a vehicle. These often include:

• Whiplash: Whiplash occurs when the head and neck jerk forward and backward rapidly. This strains the muscles and ligaments in the neck and upper back.
• Herniated discs: The impact from a collision can cause the discs in the spine to slip or rupture, resulting in a herniated disc. This can cause severe pain, numbness, and tingling in the back, arms, or legs.
• Spinal fractures: A serious crash can cause fractures or breaks in the spinal vertebrae. This leads to significant pain, limited mobility, and potential damage to the spinal cord.
• Sprains and strains: Sudden jolts or twisted movements during a crash can strain or sprain the muscles, ligaments, and tendons in the back. This often causes pain and limited range of motion.

Filing a claim for a back injury after a car accident can be a complex process. But you can strengthen your claim by following the four steps outlined below.

Step 1: Seek medical attention

The first step in filing a back injury claim is to seek medical attention as soon as possible. It's important to have your injuries evaluated by a medical professional, even if they do not appear to be serious. This will not only ensure that you receive the appropriate treatment, but it will also provide documentation of your injuries. An attorney can later use this as evidence in your claim.

Step 2: Report your crash to your insurance company

You must report your crash to your insurance company and provide basic details. But don't go too far into specifics. Anything you say to an insurance company—even your own—could potentially hurt your claim. 

Step 3: Gather evidence

Once you have received medical attention and reported your crash, you can gather evidence to support your claim. This may include: 

• Photographs of the accident scene.
• Copies of the police report.
• Witness statements.
• Video footage (if available). 
• Your medical record.
• Medical bills and lost income.

One of the most important things a lawyer can do for you is conduct this investigation on your behalf. Experienced car accident attorneys know what evidence to look for and how to get key information out of witnesses.

Step 4: File a personal injury claim
After you have gathered the necessary evidence, you will need to file a personal injury claim. It's highly recommended that you first speak to an attorney who can counsel you on your rights. Your attorney can file a personal injury claim and deal with the insurance companies on your behalf.

You've taken the steps to secure your claim. Now what? Once you've consulted with an attorney, it's best to follow their advice and let them take care of the rest. Below, you'll find the key ways an attorney can help you recover damages.

1. Counsel you on your rights and courses of action

An experienced attorney will inform you of your rights and the steps to take to strengthen your claim. For example, you may be advised to:

• Avoid speaking to insurance companies.
• Avoid physical activities that could disprove or worsen your injuries.
• Consistently attend your medical appointments.

2. Investigate your case

An attorney can use several strategies to gather the necessary evidence and build a strong case on your behalf. This includes:

• Assessing crash scene evidence, skid marks, road conditions, and other factors.
• Reviewing your medical records.
• Analyzing the official police report.
• Interviewing witnesses to gather statements that support your version of events.
• Consulting accident reconstruction experts, forensic specialists, or medical professionals.
• Obtaining surveillance footage from nearby cameras.
• Reviewing relevant documents, such as insurance policies, medical bills, and repair estimates.

3. Communicate with the at-fault driver's insurance company

Insurance adjusters may attempt to undermine your claim or pressure you into accepting a low settlement offer. The good news is, when you hire an attorney, you don't have to speak to the insurance companies.

Your attorney will initiate contact with the insurance company to inform them that you have legal representation. This sets the tone for communication moving forward. 

Your attorney will also:

• Maintain open lines of communication with insurance companies.
• Keep you informed about the progress of your case. 
• Promptly address any inquiries or concerns raised by insurance companies.

4. Negotiate for a fair settlement

An attorney will gather all relevant information, such as medical bills, property damage, and lost wages, to accurately determine the extent of your damages. This comprehensive evaluation forms the basis for negotiating a fair settlement.

5. Litigate on your behalf

If a fair settlement cannot be reached, an attorney will prepare to take the case to trial. This includes gathering additional evidence, identifying expert witnesses, and developing a strong litigation strategy. The attorney's willingness to go to trial often encourages the opposing party to offer a more reasonable settlement.

Determining the full value of your claim can be challenging, especially when it comes to calculating the long-term impact of a back injury. An attorney can assess the true value of your claim by considering:

• The severity of your back injury.
• The cost of medical treatment for your back injury.
• Whether your back injury will require future medical treatment or rehabilitation.
• Any missed work or lost income related to your injury.
• Pain and suffering or loss of enjoyment of life.

The worth of your claim will also depend on how your state handles car accident claims – for instance, whether your state has a fault or no-fault insurance system, and whether it uses the comparative negligence, modified comparative negligence, or contributory negligence rule. An attorney who knows your state’s laws and understands the legal system is best positioned to advocate on your behalf.

If you've recently sustained a back injury in a crash, you may be wondering if hiring an attorney is necessary. The truth is that hiring an attorney can significantly impact the outcome of your back injury claim. An attorney can navigate the complex legal processes and ensure that your claim is handled correctly from start to finish while you focus on healing and rebuilding your life.

To get started, schedule a free consultation with a Law.com verified attorney in your area. Our verified attorneys work on a contingency fee basis, so you don’t have to pay unless they win your case.