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Back Injury Lawyers

A back injury is no small thing. It can disrupt your daily life, affect relationships, and even put you out of work for an extended period of time. Accident-related back and spinal injuries have a detrimental impact on the victim’s health and quality of life.

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Severe injuries to the spinal column, vertebrae, discs, ligaments, or the spinal cord (including thoracic spine fractures), can result in permanent changes in strength, sensation, and mobility. You might be entitled to compensation if your injury occurred due to an accident or workplace incident that was no fault of your own.

While bringing a claim cannot heal your injury, it can help you deal with the problems that often accompany them, such as medical bills and lost wages.

Back Injuries and Symptoms

Several events can cause a devastating back injury. Most commonly, the injured person has been a victim of a serious truck or car accident that has left them in substantial pain.
Injuries can occur in the lower back, upper back, or spinal cord, and damage can include sprains, strains, torn ligaments, pulled muscles, broken vertebrae, and more. If you’ve injured your back, you know the pain can become unbearable.

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Some of the most common causes of back injuries include:

  • Slip and Fall Accidents: A slip and fall injury can happen just about anywhere slick surfaces and liquids mix. For example, you might be walking down an aisle at the grocery store that has just been mopped. If you slip and fall, you could easily hurt your back, potentially making the grocery store liable.
  • Negligence: Say you’re enjoying a day at the park with your children. You decide to swing with them but do not see that one of the links on the swing chain is warped or cracked. You start swinging but the damaged chain link cannot bear your weight and breaks, causing you to fall and land on your back. An injury like this could easily cause serious bruising or even fractured vertebrae. This accident could have been prevented if the swing had been adequately maintained.
  • Car Accidents: Involvement in a car accident is one of the most frequent causes of back injuries. A person’s back and neck are particularly vulnerable to abrupt movement and force and are therefore easily hurt in collisions.  In addition to the occupants of vehicles, pedestrians are also frequently hurt in car accidents and can sustain serious spinal injuries. This kind of spinal cord injury victim is a rising trend in this modern era of distracted pedestrians.
  • Motorcycle Accidents: Driving or riding on a motorcycle can be incredibly dangerous. Even if you or the driver is doing everything 100% right, you can’t predict the actions of others. Motorcycle accidents are often tragic and one involving back injuries could include broken vertebrae or permanent spinal cord injury.
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  • Workplace Injuries: Back injuries in the workplace can be caused by any number of things, including heavy lifting, machinery malfunction, and/or coworker negligence. Depending on the accident severity, injuries can range from a twisted back to severe spinal cord injuries. Making a workplace injury claim differs from a personal injury claim because workers’ compensation is involved. There are specific rules that govern how injured workers can make a workers’ comp claim and there are time sensitive guidelines as well.

You most likely have the basis for a significant personal injury lawsuit as a back injury or spinal cord injury lawsuit, regardless of whether motor vehicles, car accidents caused the injury, slip and falls, or defective products. Some of the severe symptoms of a back injury can include:

  • Loss of feeling
  • Difficulty breathing
  • Restricted range of motion
  • Muscle weakness
  • Muscle spasms
  • Rapid/slowed heart rate
  • Blood pressure spikes/drops
  • Sexual dysfunction
  • Digestive/bowel issues

Proving Your Back Injury

In a personal injury case, the burden falls on the plaintiff (injured individual) to show that the defendant (party alleged to be at fault) did wrong or acted negligently. As if being hurt isn’t challenging enough, it will be up to you to prove that you suffered an injury. The strength of your case may also be impacted by other factors such as your medical treatment and how the injury has impacted your life.

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So what exactly will you have to prove? That varies depending on the situation, but generally in personal injury cases that involve some kind of negligence, there are a few key elements that must be proven:

  • Duty – The defendant has some kind of legal responsibility for the plaintiff’s safety (supervisor at work, driver of a vehicle/vessel, etc.).
  • Breach of Duty – The defendant fails to honor a legal responsibility owed to the plaintiff, resulting in a violation of their duty to the plaintiff.
  • Causation – The defendant’s actions, or lack thereof, were the cause of the plaintiff’s injury.
  • Damages/Injury – The actions of the defendant indeed harmed the plaintiff.

Additionally, you may need substantial evidence to demonstrate the above four elements. Evidence such as the following can be very helpful in proving your case:

  • Photographs of the accident scene
  • Eyewitness statements
  • Medical bills/records
  • Documentation of missed work
  • Police reports

Consider making notes or journaling about your daily life since you became injured. A written account of your struggles in your own words may be helpful to your case. With the possibility that your injury case may go to trial, such evidence could impact your case.

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The Value of Your Back Injury Claim

Typically, spinal cord injuries fall into one of two categories. A complete spinal cord injury occurs when the entire region below the point of injury is rendered inoperative. Paraplegia, tetraplegia, and quadriplegia are possible outcomes of traumatic spinal cord injuries.

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Spinal cord damage that is only partially sustained in an incomplete spinal cord injury means that some function is still present below the site of the injury.

Since the severity of back injuries can vary from strains to paralysis, the potential compensation you could receive varies as well. Damages under consideration can be economic or non-economic. The term “economic” damages refer to things like medical bills and lost income, whereas “non-economic” damages are intangible things like pain, suffering, and emotional trauma.  Every case is different but some common factors that can impact the value of your back injury claim include:

  • The severity of the injury
  • Pre-existing injuries
  • Medical expenses incurred
  • Recovery period
  • The permanence of the injury
  • Stress/trauma
  • Disruption to daily life
  • Lack of shared fault
  • Witness testimony

Speak to our experienced personal injury attorneys to learn more about your claim. DeMayo Law Offices, Your North Carolina Law Firm™, has experience with all kinds of personal injury claims related to back injuries and we can help you navigate this complicated process.
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Our North and South Carolina back injury lawyers have many years of experience and are dedicated to serving those in our community who have suffered injuries because of the negligence of others. Don’t go through a back injury alone, call us at (877) 333-1000 or contact us through our website.

FAQs

Is it hard to prove a back injury?

A person’s back can get hurt in a car accident. In addition, lifting heavy objects, spending too much time sitting, muscle imbalances, and many other factors can result in back pain. Back pain that is chronic or persistent can result from a single collision.
It might be challenging to demonstrate that the accident caused the pain. Fortunately, our personal injury lawyers at our North and South Carolina DeMayo Law offices are skilled at creating a compelling case after back injuries.

How much can you get from a back injury?

Back injuries are complex and range widely in severity. Each case is unique but we work hard and are dedicated to getting the best results possible for our clients. It can involve everything from soft tissue injuries to spinal cord damage; calculating a back injury accident settlement presents numerous challenges.
Contact a reputable back injury law firm to help you better understand what this means for your case. They’ll go over what you need to know about back injury accidents, your legal options, and how a seasoned personal injury lawyer can support you in your fight for maximum financial recovery.

How far can back injury be claimed?

Your state’s personal injury claim statute of limitations governs the precise time frame. The statute of limitations is three years in North and South Carolina. This means you have three years from the date of the injury to file a civil lawsuit. If the statute of limitations runs out before you file, you might lose your ability to seek restitution through the legal system.

How to choose a spinal cord injury attorney?

Quadriplegia and paraplegia are severe spinal cord injuries that cause damage to the Central Nervous System. Victims of these types of chronic pain and injuries require personal injury attorneys with extensive knowledge and experience to secure proper and adequate compensation.

What back injury qualifies for disability?

Herniated discs, compression of the nerve roots, and degenerative disc disease are among the back conditions that qualify for disability. One of the following conditions must be severe enough to keep you from working for at least a year to qualify for disability for pain issues. Back issues that could be considered as a disability include:

  • Spondylitis
  • Osteoarthritis
  • Herniated discs
  • Degenerative disc disease
  • Nerve root compression
  • Scoliosis
  • Spinal stenosis
  • Arachnoiditis
  • Spondylolisthesis
  • Rheumatoid arthritis
  • Cervical Spinal Cord Injuries

Contact DeMayo Law Offices

At DeMayo Law Offices, Your North Carolina Law Firm™, we have built an excellent reputation within our community. We serve victims of back injuries throughout North and South Carolina. Our legal team is available 24/7, so you never have to wait long for a callback. We have four conveniently located offices in Charlotte, Hickory, and Monroe North Carolina, and another in Columbia, South Carolina.

Contact DeMayo Law Offices at (877) 333-1000 if you or a loved one has suffered losses due to a back injury. We will provide you with a free initial consultation.