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Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
If you are dealing with back pain after a car accident, you may be able to seek compensation for medical expenses, lost wages, and the impact the injury has on your daily life. Insurance companies may question the severity of back injuries or whether the crash caused them, which is why proper documentation matters.
Under Nevada law, if another driver caused the accident, you may have the right to pursue compensation for your losses. The key issues are proving the injury, connecting it to the crash, and showing how it affects your life. A Las Vegas car crash lawyer can help you push back and document what really happened.
This guide explains common back injuries after car accidents, what compensation may be available, and steps that can help protect your claim.
Nevada is an at-fault state, meaning the driver who caused the crash is responsible for the harm they cause through their insurance. If your back was injured because someone else was negligent, you can pursue compensation for both your financial losses and the physical and emotional impact of the injury.
That compensation typically falls into two buckets:
The amount depends on how severe your injury is, how long recovery takes, and how well your claim is documented. A minor strain that heals in a few weeks is worth far less than a herniated disc that needs surgery and keeps you out of work for months.
Back injuries range from painful but temporary to permanently disabling. The most common ones we see after Las Vegas crashes include:
Even a “minor” back injury can flare into a chronic problem. That’s why it’s worth taking any back pain seriously, no matter how the crash looked.
One of the trickiest things about back injuries is that the pain may not hit until hours or days after the crash. Adrenaline floods your body during a wreck and can mask pain for a while. Inflammation around an injured disc or muscle also builds gradually, so what feels like mild stiffness on day one can become serious pain by day three.
This delay creates a problem for your claim. If you wait to see a doctor, the insurance company may argue that your back pain came from something other than the accident. The best protection is simple: get checked out promptly, even if you feel okay at the scene.
We explain this further in our guide to delayed injuries after a car accident. Early medical records connect your injury to the crash and make it much harder for an insurer to deny.
Compensation for a back injury is meant to make you whole, covering both what you’ve already lost and what the injury will cost you going forward. Depending on your situation, your claim may include several types of damages.
This covers the full course of your treatment, not just the emergency room visit. Think diagnostic imaging like MRIs, doctor and specialist appointments, physical therapy, pain management, injections, surgery, and assistive devices. Serious back injuries can require years of care, so future medical costs are an important part of many claims.
If your back injury kept you out of work, you can seek compensation for the income you lost. And if the injury limits your ability to do your job long term, or forces a career change, you may be able to recover for reduced earning capacity, too. Our overview of recovering lost wages in a personal injury claim explains how it works.
Back injuries can make it hard to sit, sleep, lift your kids, or do the things you enjoy. Nevada law allows compensation for that physical pain and emotional strain. These non-economic damages are real, even though they don’t come with a receipt, and they often make up a significant part of a serious back injury claim.
Nevada law can affect your car accident claim through deadlines, fault rules, and insurance coverage. You generally have two years to file a personal injury claim from the date of the crash under NRS 11.190(4)(e). Deadlines can vary based on the details of your case, so it is important to confirm your timeline.
Nevada follows a modified comparative negligence rule under NRS 41.141. You may still recover compensation if you are 50% or less at fault, but your award is reduced by your share of responsibility. If you are more than 50% at fault, you cannot recover damages.
The at-fault driver’s insurance usually provides the first source of compensation. Nevada requires minimum liability coverage of 25/50/20. If the driver’s coverage is not enough, uninsured or underinsured motorist coverage may help, depending on your policy.
A strong back injury claim can fall apart if you give the insurance company an opening.
A few common missteps to avoid:
Following your doctor’s plan and keeping good records of your bills, missed work, and daily limitations gives your claim the foundation it needs.
It depends on the severity of your injury, your total medical costs, lost income, and how the injury affects your life. A minor strain settles for far less than a herniated disc that requires surgery. A lawyer can review your records and give you a realistic range for your specific situation.
Delayed back pain is common and does not mean your injury isn’t real. Adrenaline and gradual inflammation often hide symptoms at first. See a doctor as soon as the pain appears and tell them about the accident, so your records link the injury to the crash.
Yes, as long as you were not more than 50% at fault. Under Nevada’s comparative negligence rule, your compensation is reduced by your percentage of fault. If you were 30% responsible, you could still recover 70% of your damages.
Generally, two years from the date of the accident for personal injury claims. Some situations can change that deadline, so it’s smart to confirm yours with a lawyer early rather than risk losing your right to file.
You’re not required to have one, but back injuries are easy for insurers to dispute and undervalue. A lawyer can document the injury properly, calculate future costs, and handle the insurance company so you can focus on recovery.
Back injuries can follow you for years, and you shouldn’t have to cover the cost of someone else’s mistake. At Gina Corena & Associates, we build back injury claims on solid medical evidence, push back when insurers try to minimize your pain, and fight for the full compensation you’re owed.
Every case is different, and we’ll be straight with you about yours. Call us anytime at (702) 680-1111 for a free consultation, available 24/7 in English and Spanish. There’s no fee unless we win your case. You can also reach us through our contact page.
Reviewed by Gina M. Corena, founding attorney at Gina Corena & Associates
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
