Back Pain After a Car Accident in Texas: Compensation in 2023

When people are involved in a car accident, it’s not uncommon to experience severe back pain afterward. The force of impact can cause the spine to compress or twist, leading to injuries such as whiplash, herniated discs, and spinal cord injuries.

Back pain – no matter the cause – can be debilitating, making it difficult to work and carry out everyday activities. In fact, back pain is one of the most common reasons for missed work in the U.S., accounting for more than 264 million lost work days in one year – that’s two days for every full-time worker in the country.

If you are suffering from back pain after a car accident in Texas and it’s impacted your life and livelihood, you may be able to entitled to monetary compensation for medical bills, lost wages, and pain and suffering. Your next call needs to be to an experienced car accident injury lawyer — especially if the accident was due, in part, to another driver’s negligence.

In this article, the personal injury lawyers at Varghese Summersett Injury Law Group explain back pain after a car accident in Texas, the process for recovering compensation, and how our Fort Worth law firm can help. Our attorneys offer no-cost, no-obligation consultations – and if we take your case, we only get paid if we win it. That means you will never pay anything upfront or out-of-pocket.

You’ve suffered enough. We are here to help you, not add to your financial burden or emotional turmoil.

Common Causes of Back Pain after a Car Accident

Common Causes of Back Pain After a Car Accident in Texas

Whiplash Injury

According to the American Chiropractic Association, whiplash is the most common injury sustained in car accidents and can cause significant back and neck pain. Whiplash occurs when the head and neck are suddenly jolted forward and then backward, causing damage to the soft tissues of the neck and spine. Symptoms of whiplash may not appear immediately after an accident and may include neck pain, stiffness, headaches, and back pain.

Herniated Disc

A herniated disc is another common injury that can cause back pain after a car accident in Texas. It happens when one of the discs between the vertebrae in the spine is damaged, causing the inner material of the disc to leak out and put pressure on nearby nerves. Symptoms of a herniated disc may include back pain, numbness or tingling in the arms or legs, and weakness in the muscles.

Spinal Cord Injury

A spinal cord injury can occur if the spinal cord is damaged during a car accident. This type of injury can be very serious and can cause paralysis or even death. Symptoms of a spinal cord injury may include loss of sensation, loss of movement, and difficulty breathing.

Soft Tissue Injury

Soft tissue injuries are another common type of injury that can cause back pain after a car accident in Texas. This type of injury involves damage to the muscles, tendons, or ligaments in the back. Symptoms of a soft tissue injury may include pain, swelling, and limited range of motion.

Seeking Medical Treatment for Back Pain After a Car Accident in Texas

If you are experiencing back pain after a car accident in Texas, it’s important to seek medical attention immediately. Many people try and “ride out” the pain and see if it gets better over time or on its own. Even if you don’t think your injuries are that serious, it’s always better to be safe than sorry. This is especially true if you plan to seek compensation for your injuries. Medical documentation is imperative.

A doctor can perform a thorough examination and diagnose any injuries you may have. They can also recommend a course of treatment to help manage your pain and prevent further injury.

There are several different types of medical professionals who can help with back pain after a car accident in Texas. These may include:

Primary Care Physicians

Primary care physicians, also known as general practitioners or family doctors, are often first point of contact for patients seeking medical care. They treat a wide range of conditions, provide preventive care, and manage chronic illnesses. Primary care physicians are skilled in diagnosing and treating various health issues and can refer patients to specialists if needed.

Back and Spine Doctor/Surgeon

A back and spine surgeon, also known as a spinal surgeon or orthopedic spine surgeon, is a medical professional who specializes in the surgical treatment of various conditions affecting the spine and the surrounding structures. These surgeons have extensive knowledge and training in the anatomy, function, and disorders of the spinal column. Back and spine surgeons are skilled in diagnosing and treating a wide range of spinal conditions, such as degenerative disc disease, spinal stenosis, scoliosis, herniated discs, and spondylolisthesis. They may also be involved in treating spinal injuries, infections, or tumors.

Chiropractors

Chiropractors are healthcare professionals who specialize in the diagnosis and treatment of neuromuscular disorders, particularly those related to the spine. They use manual adjustment techniques to correct misalignments or subluxations in the spine, aiming to improve overall body function and alleviate pain. Chiropractic care is often used for back pain, neck pain, and headaches.

Orthopedic doctors

Orthopedic doctors, or orthopedists, are medical specialists who focus on the diagnosis, treatment, and prevention of musculoskeletal system disorders. This includes issues related to bones, joints, muscles, tendons, and ligaments. They may treat conditions such as arthritis, fractures, and other bone or joint disorders, using both surgical and non-surgical approaches.

Physical therapists

Physical therapists, also known as physiotherapists, are healthcare providers who help patients recover from injuries, surgeries, or chronic illnesses by improving their movement and physical function. They use various techniques such as exercise, manual therapy, and functional training to help patients regain mobility, reduce pain, and prevent future injuries.

Pain management specialists

Pain management specialists are healthcare providers who focus on the evaluation, diagnosis, and treatment of chronic pain. They use a multidisciplinary approach to help patients manage pain and improve their quality of life. This may include medication, physical therapy, nerve blocks, and other interventions such as spinal cord stimulation or acupuncture. Pain management specialists often work with patients who have not found relief through other treatments or therapies.

When Should You Consult a Personal Injury Lawyer?

You should contact an experienced personal injury lawyer as quickly as possible after experiencing back pain after car accident in Texas, ideally within a few days of the crash. Here are some reasons why it’s important to act quickly:

  • Determine if you have a claim: personal injury lawyer can determine if you have a valid claim, explain the process for recovering compensation, and get started on your case. The sooner they get started, the quicker you can recover compensation to help offset your bills and financial distress.
  • Collecting and preserving evidence: A personal injury lawyer can start collecting and preserving crucial evidence related to the accident, which may be harder to obtain as time passes.
  • Statute of limitations: In Texas, there is a two-year statute of limitations for personal injury claims. Consulting with a lawyer early on ensures you don’t miss the deadline for filing your claim.
  • Dealing with insurance agents: Insurance companies are notorious for trying to settle cases quickly for as little as possible. Having a car accident lawyer fighting for you from the get-go will go a long way in getting you the compensation you deserve. A lawyer will navigate the complex insurance claims process by handling all correspondence with insurance companies so you don’t accidentally jeopardize your position.

    If you or a loved one has suffered a back injury after a car accident in Texas, don’t hesitate to contact our skilled car accident lawyers. Call us at 817-208-4878 (HURT) for a free consultation.

Types of Compensation Available for Back Injury Claims

If you have suffered a back injury in a car accident in Texas, you may be entitled to various types of compensation for your damages. The types of compensation available may include:

Economic Damages

Economic damages are damages that are meant to compensate you for your financial losses. These can be quantified and may include:

  • Medical bills
  • Lost wages
  • Property damage
  • Rehabilitation costs

Non-Economic Damages

Non-economic damages are damages that are meant to compensate you for your non-financial losses. These may include:

Punitive Damages

Punitive damages may be awarded in cases where the defendant’s actions were particularly egregious or reckless. These damages are meant to punish the defendant and deter them from engaging in similar behavior in the future.

back pain injury claims

How to File a Back Injury Claim in Texas

If you have suffered a back injury in a car accident, you may be able to file a personal injury claim to recover compensation for your  medical bills, lost wages and other damages. In order to file a back injury claim in Texas, you must meet certain requirements, including:

  • You must have suffered a back injury as a result of the car accident.
  • The car accident must have been caused, in part, by someone else’s negligence.
  • You must file your claim within the statute of limitations.

According to the Texas Civil Practice and Remedies Code, the statute of limitations for personal injury claims in Texas is two years from the date of the accident. This means that you must file your claim within two years of the accident, or you may lose your right to recover compensation.

If you are considering filing a back injury claim, it’s important to take the following initial steps:

  1. Gather evidence – Take pictures of the accident scene, collect contact information from witnesses, and obtain a copy of the police report.

  2. Seek medical attention – Even if you don’t think your injuries are serious, it’s important to seek medical attention immediately after the accident. A doctor can document your injuries and provide a course of treatment. Keep all medical documentation.

  3. Contact a personal injury lawyer – A personal injury lawyer will help you navigate the legal process and negotiate with insurance companies on your behalf. They will do handle all of the paperwork and heavy lifting, so you can focus on your health.

Hiring a Personal Injury Lawyer for Your Back Injury Claim

A personal injury lawyer can provide valuable assistance with your back injury claim by guiding you through the legal process and advocating on your behalf. Some of the ways a personal injury lawyer can help include:

Evaluating your case

A personal injury lawyer can assess the merits of your claim and determine whether you have a strong case. They will review the details of the accident, the extent of your injuries, and any evidence you’ve collected to help you understand your legal options.

Gathering evidence

Your lawyer can help gather crucial evidence to support your claim, such as medical records, police reports, and witness statements. They may also work with experts, like medical professionals or accident reconstruction specialists, to build a strong case on your behalf.

Determining liability

An experienced lawyer will conduct a thorough investigation to  determine everyone who bears any responsibility or liability for your injuries. They will then work to hold everyone accountable.

Calculating damages

A personal injury lawyer can help you determine the full extent of your damages, including medical expenses, lost wages, pain and suffering, and any future costs associated with your back injury. This will ensure that you pursue an appropriate amount of compensation for your injuries.

Negotiating with insurance companies

Insurance companies may attempt to settle your claim for less than it’s worth or deny it altogether. A personal injury lawyer can negotiate with the insurance company on your behalf to secure a fair settlement, using their knowledge of the law and experience in dealing with such claims.

Representing you in court

If you file a back injury lawsuit and the case goes to trial, a personal injury lawyer will represent you in court, presenting your case and arguing on your behalf. They will use their legal expertise to advocate for the compensation you justly deserve.

Guiding you through the legal process

The personal injury claim process can be complex and time-consuming. A personal injury lawyer will help you navigate this difficult time, keeping you informed of your case’s progress and ensuring that all necessary paperwork and deadlines are met. A personal injury lawyer’s legal expertise, experience, and guidance can maximize your chances of receiving fair compensation for your injuries and losses.

Most personal injury lawyers, including the attorneys at Varghese Summersett, work on a contingency fee basis, which means that they only get paid if you win your case. This can make it easier for you to afford legal representation.

Suffering from Back Pain after a Car Accident in Texas? Contact Us.

Back pain after a car accident in Texas can be a serious and debilitating condition. If you have suffered a back injury as a result of a car wreck due to negligence, it’s important to seek medical attention immediately and consult with a personal injury lawyer. We can help. We are highly-experienced in back injury car accident claims and will do everything in our power to get your life back on track.

Call for a free consultation with a lawyer at Varghese Summersett Injury Law Group today at (817) 207-4878 or contact us online.

you dont pay until we win

FAQs about Back Pain Injury Claims

While you are not required to hire a lawyer to file a back injury claim, it is highly recommended. A lawyer can help you navigate the legal process, negotiate with insurance companies on your behalf and, if necessary, file a lawsuit and represent you in court.  

Yes, you can still file a back injury claim in Texas if the accident was partially your fault, thanks to the state’s modified comparative negligence rule. This rule allows you to recover compensation for your injuries as long as you are not more than 50% at fault for the accident. However, the amount of compensation you can receive will be reduced by the percentage of fault attributed to you.

For example, if you were deemed to be 30% at fault for the accident, and your total damages were $100,000, you would be eligible to recover 70% of that amount, or $70,000.

It’s essential to consult with a personal injury lawyer familiar with Texas laws to assess your case and help you navigate the legal process. They can provide valuable guidance on how to proceed with your claim and maximize your chances of receiving fair compensation for your back injury, even if you were partially at fault for the accident.

Keep in mind that proving fault and negotiating with insurance companies can be complicated, and having an experienced personal injury lawyer representing your interests can make a significant difference in the difference in the outcome of your case.

Many personal injury lawyers, including the ones at Varghese Summersett, work on a contingency fee basis, which means you don’t have to pay any upfront fees or hourly rates. Instead, the lawyer will receive a percentage of the compensation you are awarded if your claim is successful. If your claim is not successful, you typically won’t owe the attorney any fees.

Contingency fee arrangements can make legal representation more accessible for individuals who cannot afford to pay a lawyer upfront. When you consult with a personal injury lawyer, make sure to discuss their fee structure and understand the terms and conditions of their services.

It’s also worth noting that most personal injury lawyers offer free initial consultations. During this consultation, the attorney will evaluate your case, explain your legal options, and help you understand whether your claim has merit. This consultation can provide valuable insights into your case without any financial obligation.

The statute of limitations for personal injury claims in Texas is two years from the date of the accident. If you miss this deadline, you will likely be unable to recover compensation.

 If the insurance company denies your claim, you may need to file a personal injury lawsuit to recover compensation. A personal injury lawyer can help you with this process. Call Varghese Summersett today at 817-207-4878 to explore your options.

The value of your car accident back injury claim can vary greatly depending on several factors, and it’s difficult to provide an exact amount without a thorough evaluation of your specific case. However, here are some factors that typically influence the worth of a back injury claim:

  1. Medical expenses: This includes the cost of treatment, medication, hospitalization, rehabilitation, and any future medical expenses related to your back injury.

  2. Lost wages: If your back injury has caused you to miss work, you can seek compensation for the income you’ve lost during your recovery period. If your injury leads to a long-term or permanent disability, you may also be entitled to compensation for your loss of future earning capacity.

  3. Pain and suffering: This covers the physical pain and emotional distress you’ve experienced as a result of your back injury. The value of pain and suffering is subjective and can vary depending on the severity of your injury and its impact on your daily life.

  4. Property damage: If your car was damaged in the accident, you can seek compensation for the cost of repairing or replacing your vehicle.

  5. Comparative negligence: If you were partially at fault for the accident, the amount of compensation you can receive may be reduced by the percentage of fault attributed to you, as per Texas’s modified comparative negligence rule.

  6. Other damages: Depending on your case, you may be entitled to additional compensation for factors such as loss of consortium, loss of enjoyment of life, or punitive damages if the at-fault party’s actions were particularly reckless or malicious.

To get an accurate estimate of your car accident back injury claim’s worth, it’s best to consult with an experienced personal injury lawyer. They can evaluate your case, help you gather evidence, and guide you through the legal process to seek the compensation you deserve.

 
 

Negligence in a personal injury case in Texas refers to the failure of a person or entity to exercise the level of care that a reasonably prudent person would exercise under similar circumstances. This failure to act with reasonable care results in harm or injury to another person. To establish negligence in a personal injury case, the following elements must be proven:

  1. Duty of care: The defendant owed a legal duty of care to the plaintiff. This duty may arise from various relationships, such as between drivers on the road, a business owner and their customers, or a doctor and their patient.

  2. Breach of duty: The defendant breached their duty of care by acting or failing to act in a manner consistent with what a reasonably prudent person would do in the same situation. This may include actions like driving recklessly, failing to maintain safe premises, or providing substandard medical care.

  3. Causation: The defendant’s breach of duty directly caused the plaintiff’s injury. The plaintiff must show that the defendant’s actions or inactions were the primary cause of their injuries and that the injuries would not have occurred without the defendant’s negligence.

  4. Damages: The plaintiff suffered actual damages as a result of the defendant’s negligence, such as physical injury, emotional distress, medical expenses, lost wages, or property damage.

In Texas, comparative negligence is applied, meaning that the plaintiff’s own negligence may reduce their compensation. Under the state’s modified comparative negligence rule, a plaintiff can recover damages as long as they are not more than 50% at fault for the accident. However, the compensation awarded will be reduced by the percentage of fault attributed to the plaintiff.

To successfully prove negligence in a personal injury case in Texas, it’s crucial to consult with an experienced personal injury lawyer. They can help gather evidence, evaluate your case, and navigate the legal process to seek the compensation you deserve.

 
 

Back injuries can be challenging to prove in personal injury cases for a variety of reasons:

  1. Subjective nature of pain: Back pain is often subjective, making it difficult to measure objectively. While diagnostic tests such as X-rays, MRIs, and CT scans can provide evidence of injury, they may not always correlate with the level of pain the victim is experiencing.

  2. Pre-existing conditions: Many people have pre-existing back problems, which can make it challenging to prove that a specific incident caused or aggravated the injury. The defendant may argue that the plaintiff’s back pain is the result of a pre-existing condition rather than the accident.

  3. Delayed symptoms: Back pain and other related symptoms may not appear immediately after an accident, making it harder to establish a clear connection between the injury and the incident.

  4. Credibility: Since back injuries can be hard to prove objectively, the credibility of the plaintiff and their medical providers plays a significant role in the case. The defense may try to undermine the plaintiff’s credibility by questioning their honesty or the validity of their medical treatment.

Despite these challenges, a skilled personal injury attorney with experience in handling back injury cases can help gather the necessary evidence, work with medical experts, and build a strong case to prove the injury’s cause and the extent of its impact on the plaintiff’s life. If you are dealing with a personal injury case involving a back injury, it is recommended to consult a legal professional for advice specific to your situation.