Many accidents do not result in death, but the victims that survive might suffer various injuries. Treating these injuries can take a toll on your finances and affect your ability to perform daily activities. You have a right to recover full compensation, but the process isn’t always smooth.
Car accidents result in back injuries because of the high-collision impact. But you will be required to prove that this back injury resulted from the accident. This is never easy, but a law firm handling personal injury in the Bronx can help. Your New York PI lawyer can ensure that you do not suffer because of another person’s negligence.
Does Getting Immediate Medical Attention Help in Proving an Injury Claim?
The opinion of the doctor treating you is critical to your back injury claim process. It is critical that you go to the hospital immediately after the accident or within 72 hours to ascertain that you did not develop the injuries from a separate incident thereafter.
Even when you feel no pain whatsoever, remember that some injuries take time to show symptoms – or your nerves could be temporarily numb due to the adrenaline and shock from the accident. Notably, soft tissue injuries, herniated disc, or spinal injuries do not exhibit pain until days or weeks later.
Medical examinations reveal injuries that have no physical symptoms and will relate them to the accident. When you get to the hospital, the physician will:
- Check your muscle strength and range of motion
- Document your symptoms, if any
- Order comprehensive diagnostic imaging tests like MRI scans, CT scans, nerve studies, and X-rays
Thereafter, the doctor can conclude on the kind of injury the victim suffered on their back. It could be:
- Spinal cord damage
- Pinched nerves
- Fractured vertebrae
- Bulging, herniated, and slipped discs
- Lower back strain
- Broken backbones
If the accident happened at work, it is advisable to check your employer’s workers’ compensation policy. Some employers have a preferred provider organization (PPO) that has to do the medical examination. But if they don’t, you are at liberty to choose your own workers’ comp doctor.
What Happens If I had a Pre-Existing Back Condition Before the Accident?
The at-fault’s driver is always looking for ways to avoid compensating you for your injuries. And if they find out that you had a pre-existing back condition, they might claim that the pain you are feeling resulted from the previous injuries. But a Bronx neck and back injury attorney can help you get compensation for the new injuries sustained in the accident.
You have to convince the judge that the pre-existing back injury was of a particular type and severity, and the accident changed its nature and intensity. The victim could say that they previously soothed their back pain with over-the-counter painkillers. But after the accident, they can’t do without weekly chiropractor visits and prescription painkillers.
Pre-accident medical records are also essential pieces of evidence and can refute the defendant’s allegations. For instance, they could argue that your advanced age caused disk regeneration, and it’s the reason you developed lower back pain. However, if you have been on treatment for a work injury, MRI images from weeks ago could indicate that you had no herniation before the accident.
How Important is it to Match Up the Accident with the Injuries?
The severity of your back pain needs to match up with the seriousness of the accident. Note that, the insurance adjuster might visit the accident scene in search of a mismatch between the two, which they can use to deny you compensation.
It is essential that you get evidence that can prove to the court that the type of accident you were involved in is proportional to the injuries sustained. While a copy of the police report can help, remember that they can sometimes forget to capture certain details that would be integral to the success of your personal injury case.
So, if you can take the photos, take witnesses’ contacts, or get the video footage, the better it will be for your case. But if you are unable to – probably because of the intensity of your injuries – consider asking a Bronx neck and back injury attorney to do so on your behalf as soon as possible. The legal expert will also bring along an accident reconstructionist to help piece up a strong case.
Are there Barriers to Filing a Personal Injury Lawsuit in New York?
This is a fact that is little known to most New York State residents. Every victim needs to know that being injured in a motor vehicle accident does not automatically warrant a personal injury lawsuit. According to the No-Fault Law, everyone involved in a car accident is entitled to no-fault insurance benefits.
But if you want to bring a personal injury lawsuit, the “serious injury” threshold must be met. The types of injuries that qualify include:
- Loss of a fetus
- A fracture
- A significant disfigurement
- Permanent injury – loss of a body system or function, member, or organ
- Permanent consequential limitation of use of a body member or organ
- A significant limitation of use of a body system or function
- A non-permanent impairment or injury limiting the victim’s ability to do their daily activities for a minimum of 90 days, within the first 180 days since the accident
If your back injuries hindered you from performing the significant activities that you used to do every day, a Bronx neck and back injury attorney could help you file a personal injury lawsuit in New York. You just need to put together the medical records that can prove these facts, and embark on a journey towards receiving full compensation.
A Client-Focused Law Firm Striving to Recover Clients’ Deserving Compensation
Legal matters can be overwhelming, especially when your body needs extra care. You need a lawyer who will ease the financial pressure on you. At the Law Offices of Thomas Lavin, we understand that clients are already financially drained; thus, we do not ask them to pay any fees until we win the case.
We offer legal representation in the Bronx, Brooklyn, Queens, Manhattan, Staten Island, New York City, and throughout New York State. Let us fight for your compensation. Call us at 718-306-9162 to start your journey towards physical and financial recovery.