Are Back Injuries Hard to Prove in a Car Accident Claim?

Back injuries are common in car accidents. They can also be incredibly expensive, physically debilitating, and emotionally traumatic. If you have back pain from an accident, you might deserve compensation for your treatment and more. However, proving that your back injuries are from an accident is often challenging.

John Foy & Associates has been helping accident victims for over 20 years. We know what it takes to prove damages and fight for your rights. To talk about your rights one-on-one with a lawyer, call for a free consultation.

Car Accident Injuries Happen Frequently

The latest road safety facts and annual crash statistics in the U.S. show that roughly 4.4 million people get injured seriously enough to require medical attention. Among the millions of injuries that occur on the road each year, back injuries continue to be one of the most common. Back injuries in car accidents can happen in various ways.

Regardless of how your back injury happened, the fact of the matter is that if you hadn’t gotten into your car accident, you wouldn’t have gotten hurt. All drivers on the road need to exercise a strong duty of care for other drivers and pedestrians. Failure to do so is negligence, and under the law, you’re entitled to file a claim to recover financial compensation for your damages. 

However, just because you have the right to file a claim doesn’t mean that you automatically win a settlement. You will still have to prove that your back injury resulted directly from your car accident, either to the insurance company or the court. Doing so can be difficult if you don’t know the process or where to begin.

The Challenges of Proving Back Injuries in a Car Accident

A car accident is just one way that someone can injure their back. Back pain can also happen because of lifting heavy objects, sitting too long, muscle imbalances, and much more. Just one collision can lead to recurring or life-long back pain. 

It might be challenging to show that the pain comes from an accident. Thankfully, our car accident lawyers know how to build a strong claim after back injuries. The insurance company could try to say that:

• You had back pain or injuries before the accident
• Your back injuries happened after the accident
• You’re making up the pain or making it seem worse than it is

Because there are many potential causes of back pain, it can be hard to show that your pain comes solely from an accident. The other driver’s insurer might doubt your injuries when you file an insurance claim. Back injuries can take years to heal. In many cases, back injuries never completely go away. Certain activities might worsen the pain, even though it started with a car accident.

Proving Your Back Injury Resulted from Your Car Accident

The human body is not designed to handle the trauma of a car or truck accident. The position of your body during the crash can lead to severe and sudden back damage. In addition, the spine is a delicate system that can suffer even during mild impact.

Car accidents can often lead to back injuries like:

• Spinal cord injuries
• Herniated or bulging discs
• Soft tissue injuries
• Spondylolisthesis
• Compression fractures

A doctor can order tests to determine your injuries. First, you’ll probably receive imaging tests like MRIs or CT scans to see what’s wrong. From there, your doctor can diagnose you and recommend the best treatment. Get copies of all medical records showing your diagnoses and treatment needs. 

Don’t wait to get medical treatment. See a doctor as soon as possible after your accident and consult with a back injury lawyer. If you were not at fault for your accident, you deserve compensation for your back injury costs. However, proving your injuries is easier said than done. Save all evidence you can and talk to a lawyer as soon as possible to protect your rights.

Building Your Car Accident Claim

If you’re seeking compensation for your back injuries in a car accident claim, you will need evidence. Your claim must show that:

• The other driver’s carelessness caused your accident
• You suffered back injuries because of the accident
• Your damages result from the accident and your back injuries

Don’t let the insurance company determine what your settlement should be. Instead, build a strong claim that shows the connection between your accident and your injuries. Here are some steps to take.

Proving the Other Driver’s Fault

Georgia is a fault state. If another driver caused your accident, they are liable for the costs. Sometimes, more than one driver is at fault. In that case, both could be partially at fault for the damages, according to the Official Code of Georgia Annotated (OCGA) §51-12-33.

The insurance company might try to blame you in order to reduce its liability. So, you’ll need to show that the other driver is entirely at fault. You can start doing that by:

• Gathering evidence from the scene
• Interviewing witnesses
• Investigating the accident cause
• Taking pictures and getting copies of surveillance footage

A car accident lawyer can help you gather all of the best evidence.

Proving the Severity of Your Injuries

Many back injuries are severe. To get the fullest compensation in your claim, you’ll need to prove the severity of your injuries.

See a doctor as soon as possible after the accident. If your back pain worsens at any time, call your doctor immediately. Document all medical appointments and save all bills. You will also need to show your damages from the back injury. That includes:

• Treatment costs
• Lost wages
• Pain and suffering
• Future treatment needs

Your claim should show every way in which the accident has harmed your life. Back injuries can alter your day-to-day life in many ways. 

Don’t Waste Time Filing a Claim 

Proving your back injury is hard enough as it is. The longer you wait to file your claim, the more difficult it becomes. You could lose critical evidence, and the insurance company will have a harder time believing that your back injuries happened due to your accident. 

Instead of casting doubt on your case, take action immediately. The best thing you can do is contact one of our experienced car accident attorneys to assist you. We will go over your case and inform you about all of the legal options available. 

Talk to a Car Accident Lawyer for Free Today

John Foy & Associates has 20-plus years of experience building strong accident claims. We are well-versed in back injury cases because we know how common they are. Our team is here to help build your case and fight for the full compensation you deserve.

We do not get paid unless we win your case. Learn more during a free consultation with the best lawyer for your needs. Call or complete our online contact form to get started today.