If you're in the unfortunate position of having to deal with a back injury due to a car wreck, we understand the immense difficulties this can bring. Not only are you dealing with pain, but you may also be facing medical bills and losses of income. You may be wondering if there is any hope of getting financial compensation for your back injury in Texas.
It's not impossible, and we can help guide you through the process. But you should first understand what legal rights you have and how the system works when it comes to seeking damages for your back injury due to a car accident in Texas. This article will provide an introduction to getting compensation for your back injury related to a Texas car wreck, as well as useful tips for successfully navigating the legal process with your Austin car accident lawyer. Let's get started!
Proving Liability in Your Texas Car Accident Back Injury Case
If you have sustained a back injury from a car accident in Texas, you need to prove liability in order to get the compensation you may be due. With most common types of car accidents, first step is to gather evidence to demonstrate fault. This includes any photos taken at the scene, the police report, and witness testimony.
The process of establishing fault requires demonstrating how the accident occurred and who was responsible for it. In order to be successful in your case, you must provide evidence of how the defendant acted with negligence or carelessness that caused your injuries, such as failing to stop at a stop sign or following too closely behind another vehicle.
Remember, in Texas a driver is presumed negligent if they fail to exercise reasonable care while operating a vehicle. Try to figure out if your Texas car accident report is available. If you can prove that the other driver’s negligence caused your back injury, then you can receive compensation for medical bills and other associated costs.
Collecting Evidence to Support Your Personal Injury Claim
If you were injured in a car accident in Texas, the evidence you gather can significantly influence how much compensation you may eventually get. To establish the cause of your injuries and maximize your chance of full recovery, it is important for you to collect and retain all the relevant evidence that applies to your case.
The following information are important components when filing a personal injury claim:
- Police reports – The police report will provide documentation of the accident including a description of how the accident happened, the date, time, and location. It will also include an analysis of fault and list any citations issued at the time of the accident. For instance, in car accidents involving tailgating, often the reporting office will include a narrative about the tailgating.
- Witnesses – Testimony from witnesses who saw or heard the accident are invaluable when trying to prove liability. Testimony from a witness who saw a vehicle lane splitting before the car accident can be pivotal. Obtain contact information from all parties involved as well as any witnesses who may be able to describe what they observed before, during, or after the crash.
- Photos – Photos taken at the scene can provide an objective review of how events unfolded at the time of your crash. Take pictures of damage to vehicles involved as well as any visible injuries sustained during your car accident.
- Medical Records – Documentation from healthcare professionals that track diagnosis and treatment related to your injury is beneficial when pursuing compensation through an insurance claim or personal injury lawsuit. Keep track of all tests ran as well as follow-up appointments related to your injury so that you can accurately report your diagnosis and treatment progress throughout your recovery process.
By collecting vital evidence for your car wreck back injury case, you are providing strong support for a potential claim for damages arising out of negligence on behalf of another party - ultimately helping increase your odds for receiving fair compensation for medical bills, lost wages, pain and
Seeing a Doctor for Your Back Injury Right Away
If you've been in a car wreck and are suffering from back pain, it's important to get medical treatment right away. This can be one of the most important things to do after a car accident. Considering treatment should be a top priority so that any back injury can be assessed and treated professionally.
Getting on the path to recovery soon after a crash is key for any potential compensation you might be entitled to. Delaying medical treatment could significantly reduce the amount of compensation you may be eligible for.
Be prepared to document your symptoms
When visiting a doctor, make sure to document all your symptoms in detail so that it helps in determining how much pain and suffering you have been through. It's also important to make note of any additional treatments—such as speech therapy, physical therapy, or chiropractic work—that provide relief or help improve your condition.
Obtain all relevant medical records
You should also obtain all necessary medical records such as X-rays, CT scans, and MRIs related to your back injury. These can help establish the full extent of your pain and suffering not just at the time of the accident but also its long-term effects on your life going forward. Plus, all this documentation is important for when you file an insurance claim or lawsuit against the at-fault driver.
Taking these steps can ensure that you receive adequate compensation for any severe back injury suffered from a Texas car crash. It's wise to contact a personal injury lawyer as soon as possible following an accident in order to learn more about what type of compensation you could potentially receive.
Calculating Your Back Injury Damages
When it comes to winning your back injury case in Texas, money is at the core of the matter. The point of seeking a legal settlement or judgment is to get compensated for the harm you've suffered due to another driver's negligence.
So how do you calculate your damages? Here are a few items that comprise the value of an accident case:
Medical Expenses
Medical costs are one of the most important factors when it comes to calculating compensation. You may be eligible for compensation for past medical expenses, such as hospital bills and prescription medicine, as well as future medical costs related to your injury. This includes surgery, physical therapy, or even home health care should you need it.
Lost Income and Earning Potential
If you have been unable to return to work due to your car accident injuries and related medical treatment, you can seek compensation for lost income that you have already incurred and any wages that you may lose in the future because of diminished earning capacity.
Pain and Suffering
In addition to economic losses like medical bills or lost wages, Texas law allows injury victims to also seek non-economic damages—such as pain and suffering—to include in their settlement calculations. These awards are calculated by considering factors like physical pain, disability, emotional distress and loss of enjoyment of life.
In order to determine how much compensation is appropriate for a Texas car accident back injury, speak with an experienced personal injury attorney who can evaluate your case in full detail.
Negotiating a Settlement for Your Texas Back Injury
When negotiating a settlement for a car accident back injury, it is important to remember that the insurance company is not on your side. Having a car accident claim with a big insurance company like State Farm can be very daunting. As such, it is important to know how to approach the negotiation process in order to ensure you are getting the best possible compensation for your injury.
Here are some tips to help you negotiate a settlement for your Texas car accident back injury:
- Get familiar with all of the facts and evidence pertaining to your case and keep them organized. This will make it easier for you when it comes time to talk numbers with the insurance company.
- Make sure that any settlement offer will cover all of your past and future medical bills, lost wages, and pain and suffering caused due to the accident.
- Keep in mind that all negotiations can be done through a third-party intermediary such as an attorney or an independent mediator—both of whom can help ensure that you are getting a fair deal from the insurance company.
- If at all possible, try not to accept an initial settlement offer without consulting with an experienced attorney who can evaluate the amount being offered against what other defendants have received in similar cases—this way you can make sure that you’re getting a fair deal from the insurance company.
Negotiating for a settlement for your Texas car accident back injury can be daunting—but having knowledge of what needs to be negotiated and making sure that you have adequate representation can make sure that you get the best possible outcome from negotiations with the insurance company.
Prior back injuries
Let’s say you had a pre-existing back injury before your car accident. Is it possible to get compensation for a worsening of that injury? The answer is yes, but it can be tricky.
Proving Your Injury Worsened
The insurance company might try to argue that your pre-existing condition caused the back pain—not the car accident. That's why it's important to have medical proof showing what was the cause of your back injury, such as:
- X-rays and medical records from before and after the car accident
- Bills from doctors who treated you for the car accident injury
- Testimony from medical experts who know about your pre-existing condition
It’s vital to have evidence proving that your current back pain is because of the Texas car wreck you were in, not caused by the prior injury. Make sure you keep all of these types of documents and records, as they could be essential in fighting for compensation for your Texas car wreck back injury.
Contact Fletcher Law After A Back Injury
When you’ve been in an accident and you’re dealing with back pain, getting help is the first step toward resolving the situation. That’s why it’s important to contact Fletcher Law if you have been involved in a car accident in Texas.
At Fletcher Law, we specialize in helping people who are dealing with back injuries caused by car wrecks. We understand that back injuries can be complex and require extensive medical treatment. Plus, since they affect your ability to work -- and your quality of life -- you need legal representation to make sure that all of your medical and financial needs are addressed.
When you call us, here are just a few of the services we provide:
- Personalized attention – We will take the time to get to know you and discuss all of the details of your case so we can build an effective strategy that fits your needs.
- Comprehensive investigation – We will investigate every aspect of your case from witnesses to evidence—and use the findings to present a strong legal case on your behalf.
- Compensation for damages – Not only can we help you cover medical expenses, but when applicable we will seek compensation for lost wages, pain and suffering, and other damages related to the crash.
We know how frustrating it can be living with a back injury after a car accident—our team is dedicated to helping our clients get the best possible outcome so they can move forward with their lives. Contact us today for more information about how we can help!