You just experienced a car accident, and now your back hurts every time you move or try to sleep. After a vehicle collision, it’s important to seek medical attention right away, even if you feel fine. But what are your options if someone else caused your accident?
Below, the personal injury attorneys of Flesch Law Firm explain your legal rights after a car accident and how the law sees your pain and suffering.
The law covers back pain after a car accident if another driver’s negligence has caused it. Back pain can constitute a compensable injury if it results from the crash and causes measurable harm or impairment. However, you’ll need to prove that:
Your car accident injury claim must establish a direct connection between the crash and your back injuries. If an insurance company argues that your health problems existed beforehand, strong medical evidence becomes your most powerful tool.
You must seek medical treatment immediately after your accident, as many serious back injuries do not show symptoms right away. Delays in treatment can make it easier for insurers to dispute the cause of your injury.
A doctor can diagnose conditions like herniated discs, spinal fractures, or soft tissue damage that might not become apparent at first. That way, your medical records can create a paper trail that connects your back pain directly to the accident.
Can your personal injury lawsuit recover compensation beyond medical expenses and lost wages? Yes, in some cases, pain and suffering damages address your physical discomfort, emotional distress, and reduced quality of life.
Common types of pain and suffering damages in back injury cases include:
Chronic back pain can affect your ability to play with your children, maintain your home, or participate in activities you once enjoyed. A personal injury attorney can help you calculate damages to represent these challenges.
Once you’ve received medical attention and made a claim, insurance settlement negotiations come before, or instead of, time in the courtroom. The at-fault driver’s insurance company will likely make an initial offer, but this often aims to minimize the payout.
To be sure, it’s wise to conduct these negotiations through your attorney. Once you sign a settlement agreement, you typically cannot pursue additional claims. A lawyer can help you think about your current medical bills, future treatment needs, and pain and suffering before you sign away your options.
Filing a personal injury lawsuit may become necessary when these settlement talks fail. This legal action formally accuses the at-fault driver of negligence and demands compensation. The process will likely involve discovery, depositions, and a trial before a judge.
Back injuries from car accidents can change your life and leave you facing mounting medical bills and lost income. However, Colorado law gives you a limited time to file a claim. If you’ve been in an accident, consult a legal representative promptly to protect your rights.
Call (303) 980-5511 today to discuss your case with Flesch Law Firm. The firm handles personal injury cases throughout Colorado.