Compensation for Back Pain After a Car Accident
Indiana car accident lawyers who know how to prove back injuries
Back pain is among the most common symptoms suffered by Indiana car accident victims. But the insurance companies frequently challenge claims seeking compensation for the debilitating and disruptive pain.
Insurance adjusters like to take advantage of the fact that injuries causing back pain do not always show up in X-rays and CT scans. They don’t mind playing games when it comes to your health if it will save them a few dollars. An adjuster may claim that your injuries “don’t exist,” “aren’t that bad,” or you’re “faking” the pain.
At Vaughan & Vaughan, we don’t accept this type of disrespect toward our clients. We take your pain seriously. Left untreated, back pain can develop into chronic pain that limits range of motion and reduces your ability to work, complete routine tasks, travel, and enjoy activities. Severe pain can disrupt sleep and alter your mood.
Our Indiana car accident lawyers know the steps necessary to establish back pain in a way the insurance companies cannot deny. We would rather put more time and effort into your case than accept a settlement that is less than you deserve.
Our law firm serves all of Indiana from our offices in Indianapolis, Lafayette, Kokomo, Anderson, Carmel, and Muncie. If you were injured in a car accident, contact us for a free case consultation. We can answer your crash-related questions and help weigh your options. If you can’t come to us, we can go to you.
Why does my back hurt after a car accident?
It can happen whether your accident was a T-bone at an intersection or a head-on collision on a busy route. Perhaps a drunk driver ran into you on a backroad, you were hit from behind on a highway, or you were in another type of accident. Back injuries very often accompany car accidents.
The pain comes from general and specific types of injuries. The violent, jerking motion car accident victims suffer during the crash twists and yanks back muscles, tendons, and ligaments in various directions. This can wear out, tear, strain, or sprain soft tissues in the back and cause serious, long-lasting pain. Or your back may have been injured when the force of the crash slammed your body into something in your vehicle like the steering wheel, roof, window, windshield, airbag, or loose debris flying around the cab.
Upper back pain after a car accident is more likely than lower back pain after a car accident, but many injured people have both. Specific injuries that are known to cause back pain after a car accident include:
- Spine fractures in the lower back, lumbar or thoracic vertebrae put your entire nervous system at risk. The injury may be exasperated by dislocation or compression of the spine bones.
- A herniated disc, also known as a bulging disc or slipped disc, may occur when a vertebra is pushed out of line with the rest of the spinal column.
- Facet joint injuries damage your back bones where they connect or “facet” together. W When these delicate interlocking features chip, crack, fracture, or break, the spinal column can become destabilized and serious damage may occur.
- Pinched nerve or sciatica can cause debilitating, shooting pains and limit control of your body motion and functions. Pinched nerves often involve injury to the L5-S1 disc.
For anyone wondering if you should see a doctor for back pain after a car accident, the answer is yes. Back injuries are often hidden, and a medical exam can get to the source. Protect your health and right to compensation by seeing a doctor as soon as possible after a crash.
How much compensation can I get for back pain?
Average settlements and compensation for back pain after a car accident are difficult to estimate because each crash and injury is so unique. However, many cases settle for tens of thousands to hundreds of thousands of dollars. In general, the more severe your injuries, the more you collect in damages.
Factors that increase back pain compensation include:
- Pain and suffering
- Medical expenses, past and future
- Replacement services
- Lost wages and lost future income
And, if it applies, you can also seek compensation for:
- Reduced earning potential
- Loss of quality and enjoyment of life
- Medical and mobility equipment
- Modifications to your home or vehicle
How do you prove a back pain insurance claim?
Back pain is sometimes called an “invisible injury” because soft tissue damage is often hard to see. We know your pain is real and that you deserve maximum compensation for the harm done to you by a careless driver. Our car accident lawyers hold negligent drivers liable. We know how to find and collect evidence that demands significant compensation for your back pain.
The following are just some of the types of evidence we may use to prove your back injury claim:
- Medical records. Always see a doctor for a thorough examination as soon as possible after a car accident. You may have a severe injury, like a spinal cord injury, and not know it yet. Your visit to the doctor creates an official medical record of your car accident injuries that will be a major piece of evidence to support your claim.
- Indiana Crash Report. In Indiana, car accidents that result in injuries or death are investigated by law local police or the Indiana State Police. At the conclusion of their inquiry, the police write up a crash report that tells the accident narrative. It is a large factor in determining accident fault. The report also makes note of injuries at the crash site.
- Security camera or dashcam video. Sometimes, a security camera at a nearby business, a traffic light camera, a dashcam, or even a passerby with a cell phone catches video of the accident. Your lawyer can investigate the crash site and seek out potential sources of crash footage. They must start investigating before any of this video is erased, which may be within 48 hours.
- X-rays. While back injuries do not always appear in an X-ray, CT scan, MRI, or other body imaging results, some types of injuries such as spinal fractures will show up on those tests. An orthopedic doctor or an emergency trauma specialist may be able to point out signs of soft tissue damage that would otherwise go unnoticed.
- Medical bills and receipts. Follow your doctor’s instructions. Take medications as prescribed, attend all recommended appointments with medical specialists and therapists, and restrict tasks or do the suggested exercises. Hang onto all accident-related bills, receipts, and other documents that demonstrate the extent of your medical complications and the financial cost of your pain. That includes bills and invoices from hospitals, medical specialists, physical therapists, massage therapists, and chiropractors, as well as receipts for replacement services, medical equipment, and medication.
- Pain journal. Keep a personal record of how your back pain develops over time. Document the impact it has on your daily life and future goals. Keep track of when pain spikes, what helps alleviate it, medical treatments and therapies, and how the pain is limiting you. A detailed record can be very convincing evidence.
- Witness testimony. Friends, co-workers, neighbors, and family may be called upon to describe how they have seen you suffer with back pain and the impact it has had on your life.
People are often left wondering, “how long can back pain last after a car accident?” Injuries that cause back pain are among the slowest to heal. Relief from back pain from minor car accidents as well as major crashes often requires a lot of rest and proper medical care. If you have back pain after an accident, it may take months or even years to fully heal. You may even have chronic pain for the rest of your life.
Can I get compensation for delayed back pain?
Yes. It is well-documented that back injuries can cause delayed pain after a car accident. Some injuries, like whiplash, take days or even weeks to start hurting. The insurance companies often challenge delayed pain compensation and accuse seriously injured victims of lying. A medical expert may be needed to explain your delayed pain back injury to the insurance company – or to a jury.
Free consultations. No excuses. Expect results.
After a car accident claim is filed, insurance companies conduct their own investigations of the incident, property damage, and injuries. They are looking for any excuse – no matter how far-fetched – to pay you as little as possible. Vaughan & Vaughan car accident lawyers don’t let the insurance companies get away with denying coverage and lowball valuations. We know you deserve maximum compensation, and we will fight for you to get it.
If you were injured in an Indiana car accident, contact us for a free case consultation. At no cost to you, we can answer your crash-related legal questions and help weigh your options. Our lawyers work for a contingency fee, which means there is no out-of-pocket or upfront cost for our services. Our fee is an agreed-upon percentage of the settlement or verdict. If we don’t win, you don’t pay us. You have nothing to lose and a lot to gain by consulting us about your back pain after a crash.
Don’t delay. An Indiana statute of limitations is applied to your accident claim or lawsuit. A member of our team is available to hear from you 24 hours a day, 7 days a week. Contact us to schedule your free case consultation today.