Back Injuries

The injured person’s economic and non-economic losses (known as “damages”) are typical compensation for a back injury claim. Let’s take a closer look at both types of damages in a typical back injury scenario, as well as other financial compensation that might be accessible.

• Economic Damages

Actual economic losses (often known as “special” damages) are the measurable out-of-pocket or financial losses caused by the incident. Economic damages in a back injury lawsuit might include:

1. Past And Future Medical Bills: 

   These will depend on the severity of your injuries. The cost of medical treatment for a back injury includes surgery to repair a herniated disc, MRIs and other imaging/diagnostic tests, physical therapy, as well as the expense of future medical care (lifelong in some circumstances).

2. Lost Income And Diminished Earning Capacity:

   You are entitled to compensation for any missed income, as well as any anticipated decrease in your future earning capacity, in a back injury claim. The reduction in pay you received as a result of the accident may be used to calculate your lost income, which is typically determined by an analysis of your pay stubs, W-2s, invoices, and other financial records against the amount of work you missed, including sick time or vacation time that had to be taken.

An expert opinion is required to establish proof of missed future income (often known as “loss of earning capacity”). An expert can evaluate your anticipated earnings and the impact your back issues will have on your ability to do any sort of job.

• Non-Economic Damages

Non-economic damages (sometimes known as “general damages”) cover non-financial losses caused by your back injuries—losses that aren’t always readily quantifiable in terms of money. These are some of the following:

1. Pain And Suffering:

   In a back injury case, the pain multiplier is frequently utilized to calculate pain and suffering losses. That implies that your economic losses (such as medical expenses and missed income) will be multiplied by a set amount (between 1.5 and 5, for example), however, in cases of severe injuries, the multiplier may be significantly higher (perhaps even 10).

2. Emotional Distress:

    Emotional suffering, as well as physical and mental anguish, may be compensated for separately or all together.

3. Loss Of Consortium:

    When the victim’s family (spouses and children) are deprived of a typical loving relationship and companionship as a result of back injuries that are serious enough (for example, as in cases of partial or total paralysis), loss of consortium damages may be granted.

These charges are included in the compensation amount paid to a back injury victim under some state laws. Elsewhere, damaged family members must sue separately for loss of companionship damages.

• Punitive Damages

Punitive damages are only awarded in unusual circumstances in a back injury case. However, there must be evidence that the defendant’s behavior or inaction during the accident caused more than simple negligence, and even then punitive damages are usually only given after the case has gone through a complete civil trial and a jury has determined that punitive damages are appropriate.

The conduct of the defendant must be considered so outrageous or egregious that additional compensation is necessary to punish the defendant—not to reimburse the back injury victim.

Other Factors Affecting The Value Of A Back Injury Claim

The amount of money received through a settlement or jury verdict is determined by the severity of the injuries. A back injury claim’s value is also influenced by two other factors:

• Comparative/Contributory Negligence. 

  In a few “contributory negligence” states, you get nothing if you contributed any measure of responsibility for the accident that triggered your back problem. In most states, a different rule called “comparative negligence” applies, and you may be able to recover compensation as long as the other party was at least 50 per cent or 51 per cent responsible (each state has its own minimum fault percentage requirement). If you’re found to be 20% responsible, your compensation will typically be decreased by the amount of responsibility you have (so if you’re thought to be 20% at fault, you’ll only get 80% of your total damages).

• Failure To Mitigate Damages. 

  After an accident, you are required to take all necessary measures to reduce your losses. Let’s say you hurt your back and need a compression brace to wear for up to 12 hours each day as prescribed by your doctor. However, because you never wore your brace (in fact, the defendant can prove you never even took it from the pharmacy), your injuries get worse. Because you could have taken simple measures to alleviate your problems but failed to do so, the defendant will almost certainly be acquitted of responsibility for at least a portion of your compensation.

Contact A Back Injury Lawyer

If you’re considering making a back injury claim following an accident, the first thing you should do is contact Texas Personal Injury Lawyers. We take great pride in our reputation for successfully navigating the often perplexing legal and insurance system to ensure that our clients get compensated appropriately. When we go forward with your case, we’ll assign you a full legal team and 24/7 open communication. 

Call us at (888) 997-2148 right away. We take cases on a contingency fee basis and there are no costs unless we win, and the consultation is completely free. For a free case evaluation, contact us to learn what Texas Personal Injury Lawyers can accomplish for you.