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Back Pain Car Accident Settlements

After a car accident, you may have difficulty discerning the extent of your injuries and making the decision to seek medical treatment. There are so many stressful aspects of recovering from a car accident, such as communicating with insurance providers and dealing with auto damage, that most people hope any back pain resulting from the accident will resolve on its own. 

Unfortunately, many Austin car accident victims do not recognize the signs of serious or chronic back injuries until they have already delayed treatment. The Texas personal injury statute of limitations allows two years to file a claim against the at-fault party, but waiting to receive a medical diagnosis for back pain will complicate your case. Insurance adjusters will use the fact that you waited to see a doctor as evidence that your injury was unrelated to the accident or less serious than represented. 

Preexisting conditions such as spinal stenosis or a previous injury can further convolute matters, allowing the at-fault party’s representatives to claim your pain is unrelated to the collision. However, an Austin personal injury accident lawyer can help you prove that the accident either caused or exacerbated your back pain, and they’ll fight to obtain recovery that will ease your financial burdens. 

Damages in Back Pain Car Accident Settlements

Car accident-related back pain can lead to costly medical bills, lost wages, a reduced ability to work, and the need for long-term pain management and rehabilitation. Whether you are facing a serious spinal cord injury or what seems to be a minor back or neck injury, the law allows you to seek recovery for your short- and long-term harms and losses.

Your auto accident injury attorney will help you determine the value of your case and prove that you would not be enduring back pain had the accident not occured. Part of maximizing your settlement value is developing a clear understanding of the circumstances of the accident, the extent of your injury, and how that injury is likely to affect you in the future. Doing this successfully is more complicated than what most people should try to handle on their own.

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What Factors Can Affect Your Back Pain Car Accident Settlement?

Since no two accidents or injuries look exactly alike, there is no easy way to predict the amount you should expect to recover for your back pain car accident settlements. But the following factors will affect your recovery potential:

  • Medical diagnosis. A prompt, thorough medical evaluation immediately following the accident would be ideal, but any medical documentation that bolsters your back injury claim can contribute to a higher settlement amount. Records that can prove you had no preexisting back condition, or that any prior condition was asymptomatic, are also vital to securing a fair settlement amount. 
  • The seriousness of your injury. A spinal injury requiring surgery and permanently affecting your quality of life will typically result in a more substantial settlement than a more minor injury like a bulging disc or a torn ligament. Serious spinal injuries might necessitate compensatory damages that go beyond medical bills and loss of work, such as loss of consortium or pain and suffering. 
  • Available sources of recovery. In Texas, every driver is required to carry liability insurance that covers at least $30,000 for injuries per person. If the at-fault driver is uninsured or underinsured, you may need to rely on your own insurance policy or find another source of recovery.  
  • The cause of the accident. If you were partially responsible for the accident, you may struggle to obtain a settlement that covers the entirety of your losses. The other party’s insurance provider will do its best to devalue or deny your claim if you cannot prove that its client is liable. 
How Long Do Back Pain Car Accident Settlements Take?

This is a difficult question to answer because the timeline of your settlement will vary depending on a number of factors. In cases where you experience back pain after an accident, the most important thing to consider is the severity of your injury. Here’s how that issue — and other factors — can affect your case.

  • The nature of your injuries. Understanding just how seriously you are injured after an accident can be tricky. Symptoms may manifest instantly, or it may take days or even weeks to experience pain and other symptoms. Additionally, you will often have more success with your case if you have done as much as you can to recover from your injury, including any physical therapy or other procedures your doctor recommends. All of this may add time to your case. 
  • The amount of compensation you require. Serious injuries can be quite expensive to treat. In some cases, they may require a lifetime of medical care or permanently affect your ability to earn a living. Cases in which the victim requires a great deal of compensation to cover past and future expenses can take longer to resolve. This is because insurance companies and other liable parties will typically fight harder against high-value settlements.
  • The cooperativeness of involved parties. The ease with which you are able to communicate and interact with insurance representatives, other law firms, drivers, and witnesses involved in your case will greatly impact your ability to resolve it in a timely manner.
  • The litigation process and jury trial. Cases that must go to trial often take much longer to resolve than those that can be settled outside of a court of law.
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Why Hire a Lawyer to Help with Your Back Pain Car Accident Settlement?

If you’re experiencing back pain after a car accident on Austin roads, a personal injury accident lawyer can help you understand your case and the types of financial recovery you can obtain. Your lawyer will ensure that you receive appropriate medical treatment and an accurate diagnosis. They will investigate the accident and gather evidence to prove the other party was at fault, as well as consult with medical experts to understand your condition and how the car accident caused or aggravated it. 

Your lawyer should seek out every available source of recovery, such as personal assets of the liable driver or an additional insurance policy provided by the driver’s employer. 

How FVF Can Help

At FVF, our diligent auto accident injury attorneys have helped many Texans receive compensation for losses associated with back pain. Our first priority is to make sure you understand your case and how to maximize your financial recovery. We understand that making a decision about legal representation can feel overwhelming in the aftermath of an accident, but we also know that acting quickly is crucial to the strength of your case. That is why we offer free case evaluations to discuss back pain after car accident settlements and walk you through your options moving forward. 

We will use our significant expertise and resources to secure a fair settlement. Contact us today to schedule your free case evaluation and begin the journey to recovery. 

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