Suffering a back injury in an accident can derail your life. Between medical bills, lost wages, and daily struggles with pain, the impacts are far-reaching. You may wonder what compensation you can seek if you sustain a back injury but don’t require surgery.
The experienced Memphis Personal Injury attorneys at Pickford Law are dedicated to serving injured residents across Tennessee. If you’ve suffered a back injury, we’re here to help you understand your options and secure fair compensation.
Understanding Back Injury Settlements
From mild sprains and strains to more serious ailments like herniated discs or spinal cord injuries without fractures, back injuries can vary widely. Regardless of the specific type of injury, the effects can be debilitating, causing chronic pain, reduced mobility, and an inability to perform daily activities or work.
What Impacts Back Injury Settlement Amounts?
The average back injury settlement without surgery ranges from $10,000 to $50,000. However, many factors influence settlement amounts. Elements related to your injury, treatment needs, and losses weigh heavily. These factors impact and increase settlement values:
- Type and severity of injury
- Long-term outcomes and prognosis
- Past and projected medical expenses
- Lost income and diminished earning capacity
- Extent of pain and suffering
Higher settlements often correspond to more severe injuries, lengthy treatments, substantial financial losses, and provable negligence and fault. Settlement examples from our previous back injury cases include:
- $154,000 workers compensation settlement without surgery
- $650,000 settlement for a back injury from a chair collapse
- $2.3 million settlement for a severe back injury in a car accident
As experienced personal injury lawyers, we leverage past settlements to inform reasonable compensation estimates. However, the unique details of your case determine its ultimate value.
Steps to Take After Suffering a Back Injury
Seeking Medical Attention
One of the most crucial steps in pursuing a back injury settlement is seeking prompt medical attention. Not only is this essential for your health and recovery, but it also creates a documented record of your injuries and the treatment you’ve received. Follow your doctor’s orders diligently, as this will demonstrate the severity of your condition and strengthen your case.
Reporting the Injury
If your back injury occurred at work, it’s essential to report the incident to your employer as soon as possible. In Tennessee, you typically have a limited amount of time to report a work-related injury and file a workers’ compensation claim.
For injuries resulting from car accidents or other incidents, you should also report the accident to the appropriate authorities and gather as much evidence as possible, such as photos, witness statements, and police reports.
Gathering Evidence
Collecting evidence is crucial for building a strong personal injury case. In addition to medical records and bills, your Memphis personal injury attorney can help gather other relevant evidence, such as:
- Photos or videos of the accident scene
- Witness statements
- Employment records (if the injury is work-related)
- Proof of lost wages
- Documentation of pain and suffering
Negotiating with Insurance Companies
Insurance companies frequently prioritize maintaining a healthy profit margin over giving injured parties just compensation. That’s why it’s essential to have an experienced personal injury attorney negotiate on your behalf.
The entire amount of your damages, including past, present, and future medical costs, missed income, and pain and suffering, will be determined by your attorney. After that, they will give the insurance company a demand package that includes the details of your case and the money you want to be compensated.
Insurance companies will typically make a low initial settlement offer, but your attorney will skilfully negotiate for a higher amount that accurately reflects the severity of your injuries and their impact on your life.
Statute of Limitations
In Tennessee, the statute of limitations for personal injury claims is generally one year from the date of the injury. This means you have a limited window of time to file a lawsuit if you are unsuccessful in negotiations with the insurance company.
Missing the statute of limitations can result in your case being dismissed, so it’s crucial to consult with a personal injury attorney as soon as possible after your back injury occurs.
Additional Considerations
Impact on Future Earnings
Even without surgery, a severe back injury can significantly impact your future earning potential. Your settlement should take into consideration the lost future earnings in the event that your injury prevents you from going back to your prior job or limits your ability to work.
Your personal injury attorney will work with vocational and economic specialists to calculate the long-term financial impact of your back injury and ensure that it is appropriately factored into your settlement.
Comparative Negligence
The person who was hurt might occasionally bear some of the blame for the incident. Tennessee has a modified comparative negligence rule, which means you will not be entitled to damages if you are determined to be at least 50% at fault for the accident.
Your settlement amount will be lowered in line with your percentage of fault, though, if you are less than 50% at fault. For instance, your settlement would be lowered by 20% if it was decided that you were 20% to blame for the accident.
Working with an Experienced Attorney
While it’s possible to pursue a back injury settlement without an attorney, doing so can be incredibly challenging and may result in a lower settlement amount. An experienced personal injury attorney who specializes in car accident cases and other personal injury matters will have the knowledge and resources to:
- Thoroughly investigate your case
- Gather and present compelling evidence
- Negotiate aggressively with insurance companies
- Represent you in court if a trial becomes necessary
At our law firm, we work on a contingency fee basis, which means you don’t pay any upfront costs. We only receive a percentage of the settlement or verdict if we successfully recover compensation for you.
Tennessee’s Time Limits Apply
Each state governs its own statute of limitations on the deadline to take legal action. For injury cases in Tennessee, you typically have just one year after an incident to file a claim or lawsuit before your rights expire.
As dedicated back injury attorneys serving injured local residents, we urge contacting our Memphis personal injury law offices as soon as possible after an accident. Our consultations are always free, so those suffering back injuries can understand their options quickly.
Don’t wait to get experienced personal injury legal help scheduling a consultation online or calling (901) 424-1920 today. Justice delayed can mean justice denied. The Pickford Law team stands ready to answer your questions now as we have for numerous area families over our years of service and Google-reviewed excellence. Contact us 24/7 for urgent assistance.
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