When you acquire a back and neck injury, it can throw your whole life out of balance and make it difficult. Back and neck injuries can happen in a variety of settings, but if it's the fault of someone else, it can make the situation even worse. The injuries involving your back and neck can make it challenging to keep up with your daily tasks.
Pain and suffering along with limited mobility may hinder you from going to work, participating in activities, and enjoying life. If someone is at fault for your back and neck injury, you can seek compensation and attempt to collect the damages.
A San Antonio back and neck injury lawyer will help you navigate through the legal process and recover any losses you've incurred. You can start recouping these damages with the help of a San Antonio back and neck injury lawyer. They will use the legal recourse available to those who are injured through negligence.
Back and Neck Injury Damages
An injury is most likely going to lead to damages. What are damages? In the legal industry the word “damages” is used to refer to monetary losses or other damages that have monetary value. In Texas, you can file for what is called “actual damages” that are divided into either economic or non-economic damages.
These damages involve the bills you may incur due to being injured. Some of these include:
- Medical costs and expenses from the accident
- Future medical expenses
- Loss of wages
- Future disability payments, if applicable
Aside from the losses that come out of your pocket, there are numerous damages that don't have a monetary cost but cost you peace of mind. These are the non-economic damages, some of these include:
- Mental anguish
- Loss of pleasure in life
- Pain and suffering
- Loss of consortium
- Loss of enjoyment
- Inability to do things you once could do
In some instances, a plaintiff may be awarded exemplary damages, which is the same as punitive damages. It cannot be more than the value of two times economic damages awarded to a victim plus the amount equal to their award for non-economic damages (up to $750,000), or, in cases where economic damages aren't awarded, no more than $200,000.
Comparative Negligence Law in Texas
If you suffered injuries where another person or business was responsible, then you can hire a San Antonio back and neck injury lawyer to file a claim for damages. However, if you had some blame or fault, then your damages will be reduced based on your own comparative negligence.
Texas uses a modified form of comparative negligence (also known as "proportionate responsibility). Texas Civil Practice and Remedies Code - CIV PRAC & REM § 33.001 states that if you are found partially at fault for the injury, then your damages can be reduced.
A claimant may not recover damages if his percentage of responsibility is greater than 50%. For example, if a jury finds that you were 49% at fault, then you can collect compensation, but if you are 51% at fault, you can't file a claim. In addition, the damages awarded will be reduced by your percentage of responsibility. A San Antonio back and neck injury lawyer will establish a strong case on your behalf.
Statute of Limitations
No matter what type of damages are filed, they must be done so in a timely manner. Texas Civil Practice & Remedies Code section 16.003 states that any civil action involving personal injury must be filed within two years of the day of the incident. This is true in most cases, so be sure to check with a San Antonio back and neck injury lawyer to confirm the time constraints and to get started with your case.
Typical Back and Neck Injuries
Back and neck injuries come in many different forms. Some common back and neck injuries you may get include:
- Neck Fracture
- Slipped Disc
- Spinal Fractures
- Spinal Stenosis
- Herniated Disc
- Acute Mechanical Back Pain
- Neck Sprain
- Cervical Spondylolisthesis Whiplash
- Pinched Nerve
Causes of Back and Neck Injuries
You can injure your back and neck in many ways, but in order to file a claim for damages, it must be due to someone's negligence. If you're not sure about whether your accident is in this category, you can discuss it with a San Antonio back and neck injury lawyer. The three main ways to incur a back and neck injury and be able to file a claim are:
Slip and Fall Accident
When you are on someone else's property and you have a slip and fall accident, you are eligible to file a claim for damages. Depending on your case, your injuries may be substantial and long lasting.
Car accidents are common, with many occurring every day. When you get into a crash, you may get thrown suddenly, which can cause a range of injuries, including the back and neck.
Although this may not be the most typical reason for a back and neck injury, medical errors do occur and can result in serious injuries.
Connect With a San Antonio Back and Neck Injury Lawyer
Get in touch with a San Antonio back and neck injury lawyer to start your lawsuit. Discuss your options for claiming the damages you've incurred as a result of the injuries. At the Dolman Law Group, you can get a free case assessment and see where you stand. Don't delay in contacting us today.
San Antonio Office
921 S St Mary's St #2
San Antonio, TX 78205
Phone: (210) 361-2039