Back Injury

When you were going about your day, the furthest thing from your mind was the thought that you would be seriously injured in an accident. But traumatic accidents wreak havoc on people’s lives every day. Some of the most devastating cases we have seen are those involving back injuries. 

If you or a loved one have suffered severe back injuries, you may be dealing with pain, mounting medical costs, and emotional distress relating to your accident and resulting injuries. But when someone else is at fault for causing the injuries you sustained, you may be able to hold them accountable through insurance or civil claims. 

Get help from an experienced Las Vegas back injury lawyer at Gina Corena & Associates today and learn more about how to pursue maximum compensation for your suffering. Schedule your free case evaluation today.

Common Causes of Spinal Cord Injuries

Spinal cord and back injuries can happen in any number of different ways. Under the worst conditions, virtually any accident could be devastating enough to produce a critical back injury. However, according to studies conducted by the National Institutes of Health (NIH), there are four main events that cause over 90 percent of spinal cord and back injuries. These include:

  • Slip and fall accidents (especially among the elderly)
  • Sports-related accidents (especially in full-contact sports)
  • Traffic accidents and auto accidents (particularly those involving high rates of speed)
  • Physical violence, including gunshot wounds to the back

But these are not the only instances in which back injuries can occur. Any situation in which another person or party’s negligent actions was the cause of your back injuries you will have the right to hold them accountable. 

No matter what accident or incident caused your traumatic back injuries, contact our Las Vegas spinal cord injury attorneys and personal injury lawyers to make the culpable party pay. 

Signs and Types of Spine and Back Injuries

There are many misconceptions surrounding spine and back injuries. One of the more common being that the spinal cord must have been severed or cut in order to produce a critical back injury. But in the majority of cases, back injuries can occur through:

  • Damage to spinal nerves
  • Cracked vertebrae
  • Compression fractures
  • Collapsed discs
  • Herniated or ruptured discs
  • Torn ligaments 
  • Damage to the thoracic region
  • Pieces of bone intruding into the spine
  • Complete paralysis
  • Back sprains, strains, or spasms

But the signs and symptoms of a back injury can produce life-altering changes. If you have been involved in an accident or incident and have experienced several of the following signs and symptoms, seek medical attention immediately in order to get the treatment and care you need:

  • Muscle weakness
  • Numbness and tingling
  • Muscle spasms
  • Loss of touch 
  • Back pain
  • Pain in the lower back
  • Loss of ability to feel temperature sensations
  • Difficult or painful breathing
  • Pain in the lumbar region
  • Paralysis in the lower body or legs
  • Digestive problems
  • Problems with sexual ability
  • Inability to move limbs

These are just a few of the symptoms that people dealing with back injuries may experience following an accident in Las Vegas. As soon as possible following your accident or incident, contact 911 and law enforcement so you can get the help and medical care you need. Do not wait to be seen by a healthcare provider, as this could have a devastating impact on your health, your future, and your back injury settlement. 

Common Types of Back Injuries in Las Vegas

Now that you have a better understanding of some of the more common signs and symptoms of back injuries, let’s look at some of the more common back injuries seen in Las Vegas civil claims. It is important to remember that the type of back injury you endured will not be the deciding factor in whether you are awarded compensation. 

Instead, the insurance company and courts will be looking at the various ways your life has been affected by your injuries. With that being said, some of the more common types of back injuries you might be able to sue for include: 

  • Paraplegia – Thus occurs when someone loses the ability to effectively control their body from the waist down. 
  • Quadriplegia – Quadriplegia occurs when the victim experiences paralysis from the neck down. 
  • Muscle strain and soft tissue injuries – When tendons or muscles become torn or break, the fibers can become damaged and cause considerable pain.
  • Whiplash – Whiplash occurs when the victim’s head or neck is quickly jerked forward and backward, causing damage to the discs and joints in the neck, as well as the nerve roots and spinal column.
  • Herniated discs – When the soft part of the disc, the nucleus pulposus, is pushed out and onto the nerve root, victims can experience excruciatingly debilitating pain. 
  • Back fractures – Fractures in the vertebrae can pinch or compress your spinal cord and result in chronic pain and a curvature of the spine. 

These are only a few of the more common types of back injuries our clients have filed claims for. If you have suffered another type of back injury that was not listed above, you may still be entitled to financial compensation. Contact your back injury attorney in Las Vegas to find out whether you have the chance to pursue your case. 

What Damages Can Victims of Back Injuries Can Recover?

Considering the extent of your back injuries, it is not unreasonable to assume that your life may be significantly impacted by what you have been through. Thankfully, the law allows for you to get justice in multiple ways: filing claims with the insurance company and pursuing your case in civil court.

Insurance Companies and Back Injury Claims

In the majority of back injury cases, the person or party responsible for your injuries will have some type of insurance policy in place protecting them. Property owners who may be liable for slip and fall back injuries, for example, should have homeowner’s insurance. Another example could be Nevada drivers who are required to carry auto insurance coverage. 

Many back injury victims believe that filing a claim with the insurance company is the answer to their problems. Sadly, if obtaining an insurance settlement were easy, every injury victim would do it, so you should never expect to be awarded the compensation you deserve through the insurance adjuster. 

However, that does not mean it is not possible to secure compensation through the insurance company. You just might need a talented legal advocate ready to show the insurer how seriously you are taking your claim. 

Insurance companies are often required to pay out on specific economic damages, such as your property damage or medical expenses. But they are not going to settle without a fight. If you are unable to secure the back injury compensation you’re entitled to through an insurance claim, how can you?

Bringing Your Back Injury Case to Court

Insurance claims can be a great way for people to recover a sizable portion of their damages. But since insurance companies often push back, and are only obligated to cover certain types of damages (often at a limit), you may need to be prepared to bring your case to court.

Pursuing legal action is something many back injury victims are unsure about. When you’re struggling with the extent of your injuries, going to court can seem overwhelming. But having your case heard by a judge may be the best way to recover maximum compensation for your damages. 

In filing a civil lawsuit for your back injuries, you can recover every single loss so you have the opportunity to be made whole once more— or as close as possible. Here, you can recover both economic-based and non-economic damages, such as:

  • Pain and suffering 
  • Loss of enjoyment of life
  • Costs of household upkeep
  • Unexpected child care expenses
  • Costs of physical therapy
  • Emotional distress
  • Inconvenience
  • Disfigurement and scarring
  • Loss of companionship and love 
  • Damage to your reputation
  • Property damages 
  • Medical bills and expenses, both now and in the future 
  • Lost wages 
  • Diminished earning capacity
  • Ongoing medical treatment

These are just a few of the more common types of damages you could recover in your Las Vegas back injury lawsuit. Make sure that no loss goes unaccounted for when you speak with your attorney in detail about the impact your back injuries have had on your life. 

Liability for Accidents Producing Back Injuries

The only way you can recover compensation through a back injury claim is by proving that someone else’s negligence was the cause of your injuries. Their actions do not need to be intentional, but your lawyer will need to show that the elements of negligence have been met. These include:

  • Duty of care
  • Breach of duty
  • Causation
  • Damages

Here, the liable party will need to have owed you a duty of care. Then, they must have breached that duty to you through actions that caused you to suffer damages. But proving fault for a back injury is not going to be easy. 

There are virtually endless ways in which back injuries can occur. But only if someone else’s negligence caused your injuries will you have the opportunity to recover your damages in full. With that being said, there are some accidents and incidents that produce back injuries more frequently than others, including:

  • Bicycle accidents 
  • Bus accidents
  • Car accidents 
  • Construction accidents 
  • Defective products 
  • Dog bites and attacks 
  • Medical malpractice 
  • Motorcycle accidents 
  • Nursing home abuse 
  • Pedestrian accidents 
  • Premises liabilities 
  • Slip and fall accidents
  • Truck accidents
  • Work injuries 

These are only a few ways that back injuries can happen in Las Vegas. If your back injuries were caused in another way, you may still have grounds for a lawsuit. After examining the type of accident you were involved in, and other evidence, your back injury lawyer will have a clearer understanding of who the liable party is in your case. 

For example, if your back injuries occurred on someone else’s property, your attorney may consider the property owner’s negligence in maintaining the safety of their property. Or if your back injuries happened in a car accident, many parties could be at fault, such as:

  • Reckless drivers
  • Vehicle parts producers
  • Auto technicians
  • Safety inspectors
  • Auto dealerships
  • The city of Las Vegas
  • The Nevada Department of Transportation
  • Other government agencies
  • Dram shops
How Shared Fault Could Impact Your Back Injury Claim

After suffering a traumatic back injury, it is not unusual for victims to be unsure about contacting an attorney. One of the most common reasons for this is because of the fact that they believe they may share blame for their injuries. 

If you believe you are partially at fault for your back injuries, you can still be awarded compensation. Nevada follows a modified comparative negligence system. This allows for victims to share up to fifty percent of the fault for their injuries before being prohibited from pursuing a civil claim. 

But sharing fault for your back injuries does not come without a cost. In order to ensure that you are held accountable for your portion of fault, the courts will reduce your injury settlement. The amount of this deduction will correlate to your percentage of blame.

If you share ten percent of the fault for the accident, you can expect your award to be reduced by ten percent. If you have concerns surrounding how shared fault laws could affect your injury settlement, reach out to your personal injury attorneys and back injury attorneys in Las Vegas to discuss your case further. 

Nevada Statute of Limitations for Back Injury Claims

If you are ready to take action against the liable party in your case, you need to move forward quickly. The state of Nevada has a strict statute of limitations in place that requires all back and personal injury claims to be filed within two years. But this deadline could be extended to three years if your back injuries were brought on through medical malpractice.

It is normal for there to be some confusion surrounding when the statute of limitations deadlines begin and expire. Do not risk letting such a procedural error prevent you from getting the justice you would otherwise deserve. Get the clarity and answers you need when you contact our experienced attorneys for help today. 

Las Vegas Back Injury FAQ

The process for seeking compensation after a back injury in Las Vegas can be intimidating. You probably have countless unanswered questions and may be feeling overwhelmed at the thought of pursuing your case. 

Our firm is proud to be an authority on back injuries and the personal injury claims process. We have answered some of the most frequently asked questions surrounding back injury claims and personal injury lawsuits below. If you have additional questions that have not been addressed on this page, do not hesitate to call us with your individual concerns. 

Should I give a statement to the insurance company?

Insurers will do anything and everything to reduce or deny your claim. It is not unheard of for insurance companies to ask claimants for a statement, only to twist their wording to make it seem as though they have admitted fault for their injuries in some way.

Since modified comparative negligence could reduce your payout, insurance adjusters will often go to great lengths to get away with lowballing you. For this reason, it is never in your best interests to speak with the insurance company without a lawyer on your side.

You do not want to run the risk of the insurance adjuster manipulating your words or taking advantage of you at a time when you truly need this compensation the most. 

What evidence will support my case?

With back injury claims, it is essential that we provide the evidence the court’s need to prove liability based on a preponderance of the evidence. There are multiple types of evidence that can be used to support your right to restitution in your personal injury case, some of which includes:

  • Accident reconstruction
  • Police reports
  • Accident reports
  • Statements of witnesses
  • Expert testimony
  • Your medical records 
  • Documentation of your back injury (photos, physician statements)
  • Photos and videos of the accident 
How can social media affect my injury settlement?

Many people are unprepared at how significantly their cases can be affected by their social media activity. Remember, the liable party is going to be looking for every chance to escape culpability. You can expect them to attempt to take photos, memes, videos, or any other type of posts that you have shared and make it seem as though your back injuries are not as severe as you have claimed. 

The most important way to avoid issues surrounding your social media use is to never share about your back injury, how you are feeling, or anything surrounding your health on any social media platform. Also, never remove content that has already been published without first speaking to your attorney. 

Contact Our Spinal Cord Injury Lawyers in Las Vegas Today

The trauma of your back injuries could permanently change your life. Make sure you have fought to secure the compensation you will need to cover your costs and rebuild your life. A dedicated Las Vegas back injury lawyer at Gina Corena & Associates can help you get the most out of your case. 

Schedule your free consultation when you fill out our online contact form. Or get the legal advice you need today when you call our law firm at (702) 680-1111.

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