How to Identify A Back Injury:
Depending upon the wreck, type of vehicle, and size and age of a person, back injury following a motor vehicle accident can come in many forms.
We’ve taken the time to answer some of the most common questions, but your best course of action is to contact an experienced health professional or ask your lawyer to refer you to a provider.
Car Accidents and Types of Back Pain
- Can whiplash cause back pain?
Yes. Whiplash may cause pain in the upper or lower back. It may cause dull pain, neck pain, headaches, or cause a person to feel tired. Neck pain is the most common affect from whiplash trauma.
- What is a dull pain?
Dull pain most often refers to a mild discomfort that may be “difficult to describe” by the person experiencing it. It may not have an impact on a person’s daily activities. The feeling is typically spread out over large areas of the body or the whole body. Oftentimes the pain will occur for long period of time.
- How do you know if you have whiplash?
Typically symptoms of whiplash will appear within 24 hours of the accident. They may include pain and stiffness in the neck. Headaches or dizziness may appear. Usually they begin at the base of the skull. A person with whiplash may experience difficulty concentrating, memory problems, ringing in the ears, getting to sleep or become more irritable.
Getting treatment for your back pain
As a patient, it is important to understand that a discectomy procedure should never be the first choice when choosing how to treat back pain. A discectomy procedure should only occur after all other options for treatment have been explored.
Typically, a doctor will only recommend spinal surgery if it will alleviate extreme back pain. Physical therapy and practicing spinal exercises are also common treatments for back injury.
Back Injury Spotlight: Disc Herniation
- What is a herniated disc?A herniated disc occurs when the outer fibers of the intervertebral disc are damaged and the soft inner material of the nucleus pulposus ruptures out of its normal space. When a herniated disc occurs in the mid back it can be extremely serious. Herniation can occur due to aging or even a small amount of force.
- What is a bulging disc in the back?A bulging disc bulges outside the space it usually occupies between the vertebrae, but it doesn’t rupture. A bulging disc injury can also be called a herniated disc or pinched nerve. Even though the words are sometimes used interchangeably they are not the same thing. In a herniated disc a crack occurs in the outer layer of the disc (which is called the annulus.) A bulging disc is more common, and less likely to be painful. It is possible for someone to have a bulging disc without feeling any pain at all.
- What is the difference between a ruptured disc and a herniated disc?It can be said that a “ruptured disc” has broken open. A herniated disc bulges out of place. Either one may occur from injury, disease, or normal wear and tear seen in aging.
A spinal cord injury can have extreme effects on a person’s wellbeing and quality of life. A year after experiencing a spinal cord injury, the employment rate for affected persons drops from 58.1% to 12.4%. A injury that is as serious as a spinal cord injury affects the well-being of the entire family in most instances.
Damages: How Much is Spinal Cord Injury or Paralysis Case Worth?
A spinal cord injury and paralysis injury can have lifelong effects. A good settlement will reflect damages including life care costs, pain and suffering damages, and loss of earning ability.
- The victim of a spinal cord injury may suffer from pain each day. Additionally, depending on the severity of injury the victim will no longer be able to live out the lifestyle they previously enjoyed.Mental anguish requires experts in order to “prove.” Unlike a fracture, pain and suffering is not visible to a jury. Noneconomic damages of a spinal cord injury are not easily quantifiable. Since there is no easy way to measure noneconomic damages, only an experienced attorney can help you receive the compensation you deserve.
- In some cases, the victim in a personal injury case may not be able to return to work. A vocational expert or consultant will be able to determine the value of lost earnings. They may provide evidence in a trial setting or for use in negotiations.Many victims of spinal cord injury are unable to return to work for extended periods of time. A successful personal injury will advocate for past losses in earning capacity as well as future earning capacity.
- Whether the injury is paralysis or spinal cord injury the results can be severe. A victim of spinal injury often loses capacity to care for themselves, especially in the first year following the injury. This is a list of some costs that a spinal injury victim would need in order to live with their injury:
- Emergency hospital visits
- Pain and suffering
- Ongoing medical care
- Home assistance
- Assistive Devices
- Motorized wheelchair
- Disabled persons access ramps, stairlift
- Wheelchair accessible van
Spinal Injuries and Structured Settlements
People suffering from spinal cord injury typically need ongoing, daily medical care. The burden may fall on a family member who becomes the primary caregiver. Or the family may need to hire a nursing assistant. Specialized care and physical therapy may last a lifetime.
Planning for the future is an important part of a spinal cord injury settlement. Spouses and parents of spinal cord victims often worry about what would happen if something should happen to them. Structured Settlements can help a family plan ahead. Additionally, money paid through structured settlements is not subject to taxes and is not required to be reported to the IRS. An experienced personal injury attorney will be able to help you understand your options.
A case value will also help pay for professional services provided by experts during litigation. There may be fees for independent medical experts, damage experts, and court expenses.
Spinal Cord Injury Settlements
Jason Mcminn and Justin McMinn are experienced spinal cord injury attorneys. Below are a few notable cases that they have resolved successfully. You can view the complete Settlements and Verdicts Page here.
$1,950,000 Settlement; Semi-Truck & Bucket Truck Crash
Austin man hit by 18-wheeler truck driving in the wrong lane; the truck crushed his bucket truck, which he was using to repair a traffic light. He suffered from spinal injuries.
Policy Limits Settlement:
After spinal surgery made necessary by a severe vehicle collision, McMinn negotiated negotiated a policy-limits settlement for an Austin woman.
An Austin man sought representation after sustaining severe injuries in a collision that also totaled his car. We negotiated a settlement for him that provided money needed for medical expenses including spinal surgery.
An Austin woman suffering permanent spinal damage from a severe collision received a cash settlement negotiated for her by McMinn personal injury lawyers.
$165,000 Settlement in Car Accident Case:
Represented a Buda family involved in a head-on automobile collision. The husband and wife received spinal injuries from the impact of the collision. Prior to trial, the at-fault driver’s insurance company agreed to settle the case for $165,000 with a client recovery of $82,000.