Back and neck injuries are prevalent in various types of accidents. You can also sustain such physical harm during an attack or from overworking. Filing a compensation claim against another party may help you recover reimbursement for all costs incurred for your treatment. You can also seek other secondary damages related to your condition.
You might decide to reach out to a lawyer to find out what your legal options are after an injury. A Florida back and neck injury lawyer will offer legal representation as you seek justice and compensation for your damages. Read on to understand how an attorney will assist with such a case and some damages you can claim.
Causes of Back and Neck Injuries
Car accidents are a prevalent cause of back and neck injuries in Florida. Such harm will occur when your body suddenly jerks forward after a collision. It may also happen due to rapid and repetitive movement in a roll-over accident.
The severity of neck and back injuries resulting from a car crash may differ based on your position during the accident. They may also vary based on the speed of involved vehicles and the side the other motorist hit you.
If you are a manual laborer or work in an industry involving handling heavy machines and goods, you may sustain back and neck injuries from this type of work. Such injuries are often caused from carrying heavy objects for an extended period of time or the result from the impact of falling items. Other prevalent causes of Florida back and neck injuries are:
- Slip and fall accidents
- Sporting activities
- Medical malpractice
Establishing Liability for Neck and Back Injuries
Since neck and back injuries can occur due to many issues, you must determine liability before filing a claim. A Florida lawyer will evaluate how you sustained the physical harm based on your medical records. They can also ensure you undergo more tests to identify the probable causes of injuries.
If back and neck injuries are due to a road accident, your attorney will use different methods to establish liability. For instance, they may analyze the police report filed at the scene or talk to witnesses and watch video surveillance footage of the incident. Such measures will allow a Florida attorney to determine if the crash occurred due to negligence.
Furthermore, they can gather proof that a specific party breached their duty of care, leading to back and neck injuries. More methods a Florida lawyer may use to establish liability are:
- Checking your timesheets to determine if you worked beyond the proper hours
- Analyzing building maintenance records
- Determining if your boss provided the appropriate safety equipment
The procedure a Florida personal injury lawyer uses to establish fault will depend on how you sustained physical harm. It will also vary based on the environment an accident occurred and the parties involved.
Filing a Back and Neck Injury Claim
When filing a Florida claim for back and neck injuries, you must establish various elements. These elements are; duty of care, breach of responsibility, causation, and damages. Your attorney will determine the parties accountable for your safety in the situation or environment where you suffered physical harm.
The lawyer will then gather evidence indicating that these parties failed to exercise their responsibility. The next step will be connecting this aspect to a particular incident like a car or work accident. When an attorney establishes these three elements, they will show how the incident in question led to back and neck injuries.
Your lawyer will write a demand letter once they have enough evidence for all of these claim elements. This document will mention the sustained back and neck injuries, as well as provide an approximate value for each damage you want the other party to reimburse. Other procedures involved in filing a neck and back injury claim are:
- Getting witness statements
- Sending the demand letter to the other party
- Contacting insurers to inform them about an accident
- Working with doctors to evaluate injuries
Deadline to File Claims
The Florida statutes of limitation give personal injury victims a maximum of four years to claim reimbursement. Therefore, you should begin legal action such as filing a claim or suing the other party before this deadline elapses. A Florida neck and back injury lawyer will determine the time left for your case based on when you suffered physical harm. They will then build your case to gather the necessary evidence to present the claim before the deadline.
Back and Neck Injury Damages
Claiming reimbursement for back and neck injuries can help you recover various damages. For instance, you may receive compensation for pain and suffering caused by your condition and issues resulting from it. One aspect you can seek under this category is reduced quality of life.
This damage will be applicable if your condition makes your life harder and prevents you from enjoying some activities.
Another damage recoverable under pain and suffering is mental health injuries. Such may include PTSD, anxiety, and depression. Back and neck injuries may make it challenging to earn a livelihood throughout recovery. A Florida lawyer will help you claim the income and wages you lost due to your condition. They may also seek a higher amount if the physical harm caused you to miss an opportunity to grow your career.
Other damages a personal injury attorney will pursue from the liable party are:
- Loss of consortium
- Physical impairment
- Cost of renovating your home after sustaining a disability
Treating injuries can be expensive, especially if the impact is severe. You might also need continued care if the condition affects your well-being for an extended period. A Florida lawyer can help you seek past and future medical expenses. Some costs you may recover in this section are:
- Buying assistive medical devices
- Home nursing care
- Rehabilitative therapies
Contact a Florida Back and Neck Injury Lawyer
A Florida back and neck injury lawyer will explain the laws that may impact your claim. At the Dolman Law Group, we represent personal injury victims as they pursue the compensation they deserve from the liable party. Our attorneys will study your case to identify the appropriate action to take and negotiate with insurers for a settlement equal to your injuries. Contact the Dolman Law Group today for a free consultation.