Desert Hot Springs Back Injury Lawyer
Your back is one of the most important and central parts of your body. Aside from housing your spinal cord, your back allows you to engage in all of life’s activities, both personal and professional. When you injure your back, it is not difficult for permanent damage to be done. Your life can change forever after a back injury
If an accident or injury occurs because of someone else’s negligence or bad behavior, it is possible for you to be injured for the rest of your life. Though accidents do happen, you still deserve compensation if someone else has caused you lifelong suffering.
Fortunately, a personal injury attorney can help you to receive the care and compensation that you deserve so that you are not financially responsible for an injury that was not your fault.
Types Of Back Injuries
Because the back is such an integrated and essential part of the body, there are many ways that it can be harmed. Though not all back injuries are serious, many are, and many have lasting effects on the body. Some of the most common back injuries include:
- Sprains or strains
- Herniated discs
- Spinal cord injury
- Tissue damage
Any one of these injuries can have serious effects on your life and can even take away your ability to work, spend time with your family, and enjoy hobbies.
Back Injury Accidents
There are lots of ways to injure your back. Some situations, such as lifting heavy objects with your legs, are within your control. Other situations are caused by the negligence, ignorance, or mistakes of another. Below are some common back injury accidents that may entitle the sufferer to a settlement.
Slip and fall accidents
These occur in public areas such as restaurants, bars, theaters, banks, etc. Property owners and managers have a legal responsibility to keep their property clean and safe from slip or tripping hazards. When there is a spill, for example, they are obligated to wipe it up and put out caution signs until the floor is dry again. If they fail to do so and you fall and hurt your back, they should be held responsible for their lapse in proper maintenance.
Car And Motorcycle Accidents
Sometimes car or motorcycle accidents occur due to mutual errors or extenuating circumstances, such as bad weather. Most times, however, they occur because one driver fails to properly follow traffic laws. If you get into an accident with such a driver and you suffer a back injury, the other driver or the other driver’s insurance should pay for the damage they caused to your body.
Most workplaces follow strict safety protocols to protect their employees, such as:
- Enforcing OSHA standards
- Setting rules and regulations about employee conduct
- Training for heavy machinery use
- Guaranteeing breaks and time off to prevent fatigue
- Providing safety equipment
- Supervising dangerous work
- Maintaining equipment
Employers have an obligation to keep their employees reasonably safe. Many of these standards are upheld in order to ensure that employees don’t suffer serious injuries. However, there is no guarantee that all employees will follow these standards exactly. If a coworker or manager fails to follow your company’s safety protocol and you suffer a back injury, the company’s insurance should have to compensate you for failing to protect you.
It is important to note that if your error causes your back injury, your employer’s insurance is not liable. For example, if you are under the influence of drugs while at work and fall off of a ladder, your employer likely won’t pay. However, if your coworker is under the influence of drugs while at work and hurts you with heavy machinery, the company is liable for your injuries. This is why many businesses drug test, have surveillance, update training policies, etc. Fault matters in these situations.
Back Injuries And Insurance
When you are insured, you may feel as if you do not need to seek further settlement because your insurance will cover many of the costs. It is important to note that this is not true. Though insurance companies claim to want to help their clients, money is their bottom line. They will likely do everything that they can to avoid paying for your injuries.
This is the case for all insurance companies, not just yours. If you suffer a back injury from a car accident, the other driver’s insurance will try to avoid paying. If you suffer a back injury from a slip and fall accident, the establishment’s insurance will try to avoid payment.
In some situations, insurance companies will go to great lengths to avoid paying settlements. It is not uncommon for an insurance company to hire a private investigator to follow the victim to ensure that they are not lying about their injuries. Other tactics include harassing phone calls, pressure to see a medical professional, submission of documents that waive your rights, and more.
Preparing Your Claim
To ensure that you are prepared to file a claim, be sure to do the following after a back injury:
- Take photos of the injury, the surrounding area, and any signs that have been displayed.
- Get the name and contact information of anyone who saw the accident occur
- Note the date, time, pain that you have, etc., preferably as a note on your phone or on a piece of paper
This information will help your personal injury attorney to build your case.
Your Back Injury Claim
It is natural to want to know what your back injury claim might be worth if you receive a settlement. Unfortunately, there is no set number to answer this query. However, there are certain categories that you can use to determine what you might get. These include:
- Present and future medical bills. You should not have to pay exorbitant medical bills if the injury was someone else’s fault. Back injuries are serious and may need ongoing care. An estimate of this expense can be worked into your settlement.
- Lost income. Back injuries often make it impossible to work, and your settlement should include compensation for the time you were forced to miss work.
- Lost future employment. Back injuries may limit your ability to get work in the future or limit your skills. If you were skilled or experienced in a field and your back injury prevents you from being compensated in the future, your settlement should account for that.
- Distress. If the accident or your back injury has caused you significant emotional or mental pain, your settlement should reflect that.
- Pain and suffering. This can seem relatively vague, but your personal injury attorney can help you to calculate how much you should receive based on pain and suffering.
As you can see, everyone’s back injury settlement will be different depending on the above factors. Some settlements for severe injuries will be higher, while more minor injuries will be lower.
Do I Need An Attorney For A Back Injury Case?
As we discussed above, a personal injury attorney can do a lot for your case and can keep you protected from predatory actions from the insurance companies involved. What we have not yet mentioned is the discrepancy in settlement amounts that occurs when you do not have an attorney. Personal injury lawyers are well versed in arguing higher settlements during cases, meaning you have a better chance of receiving more money.
Furthermore, the insurance companies have some of the country’s top lawyers working for them. Arriving to court alone to fight against them will look lazy to a judge, and the experienced attorney will undoubtedly make the better argument.
Overall, it is best to hire an attorney. The chance for a higher payout and more protection is highly beneficial.
Choose English, Lloyd, and Armenta
For over three decades, our firm has been representing victims of back injuries in the Desert Hot Springs area. Because we have our roots in this community, we understand the challenges facing local workers and residents. We have seen the area grow into what it is today and have been here for the injured since we opened our doors. Our experience, passion for the community, and empathy for personal injuries make us extremely prepared to handle your case.
For more information or to schedule a consultation, contact us online today.
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