Ever since the car accident, you have been dealing with back pain. Maybe it’s affected your mobility or your quality of life. Or perhaps it’s impacted your ability to work or pursue normal activities. But you don’t have to settle for these impacts. If another party’s negligence caused your back injury, you may be entitled to compensation. A car accident attorney in Indianapolis at Tandy Law Firm will negotiate with the at-fault party’s insurance company and fight so that you may receive the compensation you deserve. Our car accident lawyers understand the specific logistics of local accidents, from obtaining Indianapolis Metropolitan Police Department (IMPD) crash reports to dealing with the Marion County Superior Court system.
Why Car Accidents Commonly Cause Back Injuries
Car accidents are violent, and the force of the impact can cause all sorts of damage to the back. In fact, back issues are among the most frequent injuries after a collision.
Types of Back Injuries That Can Result from a Crash
Common back injuries after a car accident include:
- Compression fractures: Spinal bones are compressed by the impact and fracture. This is a medical emergency.
- Herniated discs: The force of the collision causes spinal discs to rupture.
- Lumbar strains: This stretching or tearing of the lower back muscles usually results from trauma such as car accidents.
- Spinal stenosis: The impact can result in narrowing of the spinal column.
- Whiplash: Occurring most often in rear-end collisions, cervical acceleration-deceleration syndrome (CAD), the formal name for whiplash, involves a sudden back-and-forth movement of the head. For some people, symptoms persist for months or become chronic.
Pain from back injuries in the aftermath of a crash range from severe pain to numbness or tingling. Victims may have difficulty standing or walking. Pain from soft tissue injuries may not appear for hours or days afterward. In a worst-case scenario, the victim experiences severe injuries. A wrongful death attorney in Indianapolis can help the personal representative of the estate file a lawsuit on behalf of surviving family members.
Why Back Pain Is Often Delayed After an Accident
A car accident is traumatic. Adrenaline surges through the body in reaction to the shock, masking pain. When the adrenaline wears off, back pain appears or considerably worsens. This is especially true of whiplash and soft tissue injuries.
The Importance of Seeing a Doctor Right Away
After a car accident, it is imperative that you seek prompt medical attention. Many injuries, including those causing back pain, are not apparent right away. By going to a doctor as soon as possible, you are safeguarding your own health and establishing a record of post-accident medical treatment. Depending on the nature of your injury, the doctor can order tests and create a treatment plan. Always follow the doctor’s instructions exactly and attend treatment appointments needed. Delays in treatment can potentially harm your claim If you start experiencing back pain symptoms a few weeks after the crash, the fact that you sought medical attention helps to connect the pain with the accident. Insurance companies often allege that the back pain was caused by another event or was a pre-existing condition. Your medical records are strong evidence for your claim. If you did not seek prompt medical treatment, the insurer is more likely to minimize or deny your claim.
Liability for Car Accident Back Injuries in Indiana
In a personal injury claim, the plaintiff must prove the four core elements of negligence for a successful outcome:
- Duty of care: The defendant had a legal obligation to prevent harm to others. While driving, that means obeying traffic laws and paying attention to other vehicles and pedestrians.
- Breach of duty: Either through action or inaction, the defendant breached that duty.
- Causation: The defendant’s action directly caused the plaintiff’s injuries.
- Damages: The plaintiff suffered damages as a result. In a car accident, these may include medical bills and lost wages.
If liability is proven, compensation, or damages, for back injuries in Indiana may include:
- Medical expenses, current and future
- Lost wages
- Loss of future earnings
- Pain and suffering
A personal injury attorney in Indianapolis knows a fair settlement for your injuries based on your specific situation and prognosis. While most car accident claims in Indiana can be settled without filing a lawsuit, we can litigate your case if the insurer fails to agree to a reasonable settlement. Even if you were partly at fault for the crash, you can still receive compensation under Indiana’s modified comparative fault rule. If a victim is found partially at fault, they can still recover if they are less than 51 percent at fault. Any recovery is reduced proportionally. For instance, if the victim is deemed 25 percent at fault by an insurance adjuster, a $100,000 settlement is reduced to $75,000.
Contact Tandy Law Firm if You Have Back Pain After an Indianapolis Crash
If you were injured in a motor vehicle accident due to another party’s negligence,  schedule a free Indianapolis car accident consultation today. We work on a contingency basis, meaning you pay no fee unless you receive compensation.