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3 FAQs About Car Accident Back Injury Claims

October 15, 2019

by Donaldson & Weston

personal injury lawyer

If you sustained a back injury in a collision with a drunk, distracted, or otherwise negligent driver, you may be entitled to compensation for all resulting damages. But before you can recover a single dollar, you must prove both liability and damages. This is where a personal injury attorney may be able to help.

A seasoned car accident lawyer can gather evidence, interview eyewitnesses, handle all correspondence with the opposing party, calculate your damages, and negotiate with the insurance company on your behalf. In other words, your attorney can handle all the logistics of the claim so you don’t make any critical mistakes.

During the initial consultation, you’ll have an opportunity to ask the lawyer any questions you have about the relevant laws, proceedings, and your specific case. Below, we’ve provided the answers to a few general FAQs about car accident back injury claims:

1. How Can I Prove the Severity of My Back Injury?

Insurance adjusters are tasked with finding reasons to dispute every claim they investigate. You should expect the adjuster to review medical records and other documentation to find out if your injury is as severe as you’re claiming. Below are a few kinds of evidence your lawyer might use to prove the extent of your injury:

  • Medical records;
  • Diagnostic images;
  • Statements from medical experts;
  • Prescription records;
  • Invoices for complementary therapies like acupuncture, chiropractic care, and massage therapy; and
  • Journal entries detailing the ways in which the symptoms are affecting your everyday life.

2. What Damages can be Included in the Settlement Calculations?

In the state of Florida, personal injury claimants have the right to seek compensation for the following damages:

  • Past and future medical expenses;
  • Lost wages and benefits;
  • Loss of future earning capacity;
  • Property damage;
  • Alternative transportation;
  • Loss of enjoyment in life;
  • Emotional distress;
  • Pain and suffering;
  • Home care;
  • Domestic help; and
  • Home and vehicle modifications.

3. My Back Injury was not Immediately Apparent—Can I Still File a Claim if I Postponed Medical Care?

Some back injuries manifest latent symptoms. As a result, car accident victims are not always inclined to visit a doctor immediately following a wreck.

If you postponed seeking care for your back injury, you may still be able to recover compensation for healthcare bills and other damages; however, it’s important that you undergo a medical assessment right away. The longer you wait, the more challenging it may be to recover a fair settlement. If the insurance adjuster can prove that putting off treatment contributed to the severity of your injury, your award of damages might be reduced.