Lower Back Pain After a Car Accident Claim in Dallas, TX
If you were involved in a car accident, you may be dealing with a range of physical, emotional, and financial issues. One of the most common injuries reported after an auto accident is lower back pain. The effects of back pain can range from mild to severe and can make it difficult to go about daily activities.
At Kraft & Associates, P.C., our experienced Dallas car accident attorneys can hold the at-fault driver financially accountable and fight for the compensation you need. We understand the pain and suffering that lower back pain can cause. We can demand the money you need to pay your medical bills and other unanticipated expenses related to the injury. If you were injured in an auto accident in Dallas that someone else caused, contact us today for a free legal consultation to discuss how we can help you.
Filing a Car Accident Claim for Lower Back Pain in Dallas
To recover the money you need to move forward after a car accident, you will likely start by filing an insurance claim against the at-fault driver’s auto insurance. Here’s a step-by-step guide:
- Seek medical attention: It’s crucial to seek medical attention immediately after a car accident. A doctor can diagnose your injuries and start treatment. The medical visit also creates a record that links your injuries to the accident.
- Document everything: Take photos of the accident scene. Gather the contact info of those involved in the collision as well as eyewitnesses. Get a copy of the police accident report. Retain all medical records and bills related to the accident.
- Notify your insurance provider: Your insurance policy likely requires you to notify the company of any accident. Do so as soon as possible to avoid any issues that could otherwise arise.
- Contact a car accident attorney: If the other driver caused the accident, their auto liability insurance should cover the costs of your medical bills for treatment of your lower back pain. However, insurance companies often try to pay as little as possible to settle claims. Insurers want to protect their profit margins. Contact a knowledgeable car accident attorney to demand full compensation for you.
- Negotiate a settlement: Your lawyer will seek to negotiate a fair settlement with the at-fault driver’s insurance company. If the insurer doesn’t cooperate, your attorney may need to take the insurer to court.
How a Personal Injury Lawyer Can Help with Your Claim
If you were in a car accident caused by another driver and are experiencing lower back pain, seek legal assistance as soon as possible after starting medical treatment. A personal injury lawyer can help you assess your expenses and losses related to the collision and build a strong case for compensation. A personal injury attorney at Kraft & Associates can gather evidence demonstrating the other driver’s negligence to support your claim for compensation. After submitting a claim, our attorneys will seek to negotiate with the insurance companies to resolve the claim. If the insurer refuses to agree to a fair settlement, we will be prepared to take your case to court.
Average Settlement for a Lower Back Pain Claim
The amount you could recover in a settlement for lower back pain depends on the unique facts of the particular case. Many factors can affect a settlement’s value, including:
- The nature and severity of the injury: Injury severity is one of the main factors affecting the settlement amount. Generally, the settlement amount will be higher if an injury is more severe or involves permanent disabilities.
- The other driver’s liability: Someone who causes an accident is liable for its consequences. The stronger the evidence demonstrating the driver’s fault, the more likely an insurance company is to want to settle the case to avoid a trial.
- The claimant’s liability: Likewise, a claimant who is partially at fault for the accident will see the value of their settlement reduced accordingly.
- Insurance policy limits: In most cases, the policy limits of the at-fault driver’s insurance coverage limit the amount available for a settlement.
- Your lawyer’s ability to negotiate: An attorney’s ability to negotiate can affect a potential settlement. An experienced attorney will build a compelling case on their client’s behalf, then use the strength of the evidence to negotiate with the other driver’s insurance provider. If the insurer does not agree to a fair settlement, an attorney can file a lawsuit and force the insurer into court. Our attorneys at Kraft & Associates are skilled negotiators and typically are successful in resolving cases without a trial.
How Long Do I Have to File a Car Accident Claim in Texas?
If you need to file a lawsuit to pursue the compensation, Texas gives you two years from the date of the accident to do so. The two-year statute of limitations begins on the car crash date. However, there are some exceptions to this rule.
If the other driver is a government employee who was on the job at the time, you have less time to file a claim. For example, if the at-fault driver was an employee of the City of Dallas, you have six months to file a notice with the Risk Management Division of Human Resources of your claim.
The statute of limitations on personal injury lawsuits does not directly apply to insurance claims. Still, your ability to file a personal injury lawsuit serves as your primary leverage during the settlement negotiations. The insurance company wants to avoid the expense and uncertainty of a trial.
Lower Back Pain After a Car Accident
After a car accident, your health should always be your top priority. You should seek medical attention immediately. Unfortunately, many people don’t seek medical treatment for back pain until it has become unbearable or even debilitating. This could complicate an accident victim’s claim for compensation. Consequently, it’s important to get checked out for injuries that could lead to back pain.
Common types of lower back pain injuries sustained in a car accident include:
- Whiplash: Whiplash occurs when your neck and head are jerked quickly forward or backward during an accident. This type of injury can cause severe neck, shoulder, and lower back pain. Symptoms may include neck pain and stiffness, shoulder pain, headaches, dizziness, and fatigue.
- Herniated discs: The discs that provide a cushion between the vertebrae can rupture and affect nearby nerves. A herniated disc can cause lower back pain that radiates into the hips, buttocks, and legs. Herniated discs can also cause numbness or weakness in the limbs and muscle spasms in the lower back.
- Spinal cord injuries: Spinal cord injuries involve trauma to the vertebrae, ligaments, and tendons of the spine. These injuries can cause significant lower back pain, pain in the arms and legs, and, in severe cases, paralysis or death.
- Vertebrae fractures: Fractures of the vertebrae can cause severe lower back pain that may be accompanied by swelling and bruising. These fractures can be challenging to diagnose without an MRI or CT scan.
- Muscle strains: Caused by the forceful stretching or tearing of the muscle fibers, muscle strains are common after car accidents, particularly among victims who were thrown around during the collision.
- Sprains: Sprains involve the stretching and tearing of the ligaments that hold the bones together. They are painful and usually require rest and medication to treat.
Seeking medical treatment for lower back pain after a car accident can prevent the underlying condition from worsening. The sooner you receive treatment, the more likely the injury can be diagnosed. Treatment for lower back pain after a car accident involves identifying and addressing the underlying cause of the pain. More specifically, it may include rest, physical therapy, medications, and injections, depending on the severity of the injury. Surgery may be necessary to repair any structural damage caused by the accident.
Speak With a Dallas Car Accident Lawyer Today
If you’re experiencing lower back pain from a car accident caused by another driver, seek medical attention, then speak with a Dallas car accident lawyer. An experienced lower back pain car crash lawyer with Kraft & Associates, P.C. can help you understand your rights. Our attorneys will fight for the compensation you deserve. Our seasoned lawyers have ample experience handling car accident cases and have recovered many favorable settlements and awards for injured victims throughout Texas. We will review the specific facts of your car accident and help you understand your legal options and whether you are entitled to seek a car accident settlement.
Contact us today to discuss your case and learn more about what we can do to help you through a free legal consultation.