Auto accidents account for approximately 38% of all back injuries that people suffer annually in the United States. Neck and back injuries are often more severe than any other type of injury. The legal process for claiming damages in Florida is unique in that there are personal injury protection benefits. These benefits help you cover the cost of treatment immediately after the accident.
Unfortunately, depending on how severe your injury is, personal injury protection may not be enough to address all the costs associated with your back and neck injuries. This leaves you with the option of claiming damages from the liable party. A Doral back and neck injury lawyer can help you recover the cost of treatment and other damages from the liable party's insurer.
Accidents That Cause Back and Neck Injuries
It is important that you receive medical attention after any accident. Even a minor accident can cause serious back and neck injuries. Back and neck injuries can occur due to various factors but if the event causing your injury occurred due to someone else's negligence, you can recover damages. The most common accidents that cause back and neck injuries are:
- Car & Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Slip and fall accidents
- Lyft or Uber accidents
Medical malpractice may also cause back and neck injuries. Once you have sustained back and neck injuries, keep all medical records. This includes scans, medical procedures, and any medical expenses from the injury. The cost of treating back and neck injuries varies based on the severity of the injury.
Vehicular accidents are the most common cause of severe back and neck injuries. The liable parties in such accidents should meet the additional cost of treatment once you exhaust your personal injury protection benefits. A personal injury lawyer can help you begin this process by determining the cost of your injuries.
You may also be eligible to receive underinsured motorist cover if the compensation you have received is still insufficient. A lawyer knows what it takes to show that you have met the serious injury threshold.
Proving Fault in a Personal Injury Claim
Once your damages have exceeded a certain limit, you can file a personal injury claim against the liable parties. In some cases, the liable party may not admit fault making it difficult or even impossible to negotiate a settlement with their insurance company. If this happens, you can still recover damages, but you will have to prove fault or the liable party's negligence.
A Doral back and neck injury lawyer can investigate what caused the injury and gather evidence to prove that the other party was negligent. For instance, if the injury was due to a car accident, a lawyer might decide the best course of action for your case is to:
- Examine the accident and police report
- Speak to witnesses and record their statements
- Take pictures or videos at the scene of the accident
- Dig into the liable party's history
- Work with various experts who can establish how the accident occurred
A car accident lawyer understands the elements needed to establish negligence. This works in your favor since they can use that knowledge to prove that the liable party was at-fault. The process of proving fault is tedious and you may not be able to pursue the claim on your own if you are recovering from an injury.
Have a friend or loved one reach out to a personal injury lawyer. A lawyer will gather evidence and begin the claims process on your behalf. Based on the details of your case, a lawyer will also identify the liable parties who you can claim damages from.
Back and Neck Injury Damages
80% of medical costs following an accident will get covered by personal injury protection but the limit set at $10,000 for back and neck injuries often exceed that limit. Additional damages you can recover include:
- Income you have lost while in recovery
- Future income you have lost
- Reduced earning capacity
- Pain and suffering
- Loss of enjoyment of life
The damages you can recover are unique to your case. A personal injury lawyer can help you maximize these damages by protecting your interests. Many injured parties make the mistake of thinking that insurance companies will treat their claim fairly. It is imperative you remember that the liable party's insurer does not have to act in good faith because you are not their client.
The insurance claims adjuster will try to find a way to reduce the amount the insurance company should pay as damages. For instance, the adjuster may argue that you are partly at fault for the accident. Comparative negligence reduces the compensatory damages by one's percentage of fault.
If you were partly at fault or suspect you were, talk to a back and neck injury lawyer. Having legal representation can help protect you from bearing a higher percentage of fault. A lawyer can help you if the insurance company flatly denies your claim hoping that you will back down due to fear of litigation.
Recovering Damages if Injured Party Dies
Some back and neck injuries are so severe that they can cause death. If this happens, family members can recover damages through a wrongful death claim. A wrongful death lawyer can help your family understand who is eligible to receive benefits. Theses damages may include:
- Funeral costs
- Loss of financial support
- Loss of companionship
- Medical bills left behind
You and your family only have two years to file a wrongful death claim seeking damages if your loved one has succumbed to back and neck injuries, while the statute of limitations for recovering damages for a personal injury claim is four years.
Call a Doral and Neck Injury Lawyer Today
A Doral neck and injury lawyer can help answer any questions you might have about your legal options. We work on a contingency fee basis, so no need to worry about paying any upfront fees or costs - it's free to you. Don't delay, contact us today at the Dolman Law Group for a free consultation and case review.
Dolman Law Group Accident Injury Lawyers, PA
8400 NW 36th St Suite 450
Doral, FL 33166
(305) 930-7688