Back injuries can be devastating for victims. They can keep us from going to work and enjoying everyday activities. If you or a loved one sustain a back injury that is caused by another person’s negligent or careless actions, you may be entitled to compensation. At Harris & Harris Injury Lawyers, we will investigate what happened so we can secure the compensation you deserve. Call our Las Vegas back injury attorneys today when you need help.
When you are suffering from a back injury, turn to a law firm that has a track record of success. At Harris & Harris Injury Lawyers, we have a 99% success rate and are ready to help you.
Back injury cases can become complicated, and the most important part of the process is establishing the other party’s liability. This can be difficult and often involves investigations. Your back injury attorney will:
If you or someone you love has sustained a back injury that was caused by the negligent or careless actions of another person, you may be entitled to compensation. At Harris & Harris Injury Lawyers, our skilled and experienced team will investigate what happened in your case and work to secure the following compensation:
Nevada follows a modified comparative fault system with a 51% bar rule, which can impact your claim. Under Nevada Revised Statutes (NRS 41.141), each party involved is assigned a percentage of fault that reduces their compensation. For example, if you are awarded $100,000, but found 40 percent responsible for your back injury accident, you will only receive 60 percent of your compensation, or $60,000. On the other hand, if you are found 51% or more to blame, you cannot recover any compensation.
If your back injury happened on the job, Nevada workers are generally entitled to the following workers’ compensation benefits, regardless of fault.
Back injury victims have limited time to file a claim under Nevada’s statute of limitations. Under this law, you have two years to pursue a claim from the date the injury occurs. If you fail to file within that time, your case will likely be dismissed, and the courts will bar you from obtaining any compensation. However, if you were harmed as a result of medical malpractice or a defective product, you may have three years to file an injury claim. Two to three years may seem like a long time, but evidence can disappear quickly, and witnesses’ memories fade. The more time your attorney has to investigate, gather evidence, and build your case, the increased chance of success.
Any individual or entity that contributed to your back injury can be liable. To determine which parties are to blame often requires a thorough investigation by insurance companies and your attorney. Whether there is one or multiple parties responsible, you will need evidence of their negligence to hold them liable and recover compensation. That will involve demonstrating the following four elements of negligence:
The defendant owed you (the plaintiff) a duty of care. For example, suppose your back injury case involves a car accident, and the defendant was another driver. In that case, the defendant owed others on the road, including you, a duty of care to drive safely and follow traffic laws.
The defendant breached their duty of care by failing to demonstrate reasonable care and behave how another individual would under the same circumstances. In the car accident case example, let’s say the defendant was driving while drunk. Driving under the influence of alcohol above the legal limit is against the law and a breach of duty to others on the road.
The defendant’s actions were the direct cause of your back injury. In other words, you would not have been injured if not for the defendant’s behavior. For example, had the driver been sober, they would not have turned into your vehicle, and you have medical records from immediately after the collision that proves your back was injured.
You suffered damages as a result of the defendant’s negligence. Damages is a legal term for the compensation you can be awarded for your losses (e.g., medical bills, lost income, pain and suffering, etc.). If you did not suffer any losses, financially or personally, for which you deserve reimbursement, then there is no case.
Back injuries and back pain are a major disruption to a person’s life. If a back injury is serious enough, it can lead to irreversible disabilities and even paralysis.
Some of the most common back injuries that happen due to work injuries, car accidents, and other accidents include:
Severe back injuries can occur in many types of accidents, but victims often pursue claims after the following:
A leading cause of severe back injuries is motor vehicle accidents, including ones that involve a car, truck, motorcycle, pedestrian, etc. Depending on the force of impact, whether seat belts were used, the body’s position, speed of the vehicle(s), the impact location, and other factors, the resulting back injuries can be catastrophic.
Any fall will typically affect some part of the spinal column. There is also an increased risk when working from heights and people often suffer back injuries after slip and fall accidents. Those are commonly caused by hazardous floor conditions such as spills, improperly maintained stairs, uneven flooring, debris in walkways, snow or ice buildups, etc.
Back injuries often happen in the workplace in a number of ways. Accidents may involve on-the-job vehicle collisions, ladder or scaffolding accidents, defective equipment, heavy machinery, falling objects, and more. Workers may also suffer repetitive stress injuries due to regular stooping, crouching, crawling, or lifting too much weight.
Injuries to the spine, soft tissue, and connective tissue in the back (fascia) are likely in high-impact sports. For example, football, hockey, weight-lifting, skiing, etc. are known for causing back and spinal injuries.
Workers often injure their backs in a labor-intensive workplace due to overexerting their bodies on a daily basis. Additionally, repetitive tasks that involve pulling, twisting, bending, lifting, or reaching, can injure the back over time.
Intentional violence is another common cause of back and spinal injuries. These incidents often involve assault with a blunt object, gunshots, being pushed down, or receiving a wound that penetrates the spinal cord.
Diseases such as cancer, osteoporosis, and inflammation of the spinal cord.
After a severe back injury accident, you may be overwhelmed in addition to the pain. However, it is important to try to remain calm and take the following essential steps:
Call 911 as soon as you can to report the accident and request medical assistance. Emergency responders will arrive to treat you and transport you to the hospital if necessary. Law enforcement will also come to create an accident report. The accident report will contain critical details, including how the officer believes the accident occurred, any injuries, who was at fault, statements from each party involved, and any witnesses.
If you can remain at the scene, try to capture as much as possible by taking photos or videos of the entire area, the cause of your back injury, any property damage, etc. In addition, if anyone witnessed the accident, ask for their name, contact information, and if they will make a brief recorded statement on your phone of what they saw. Along with the police report, witness statements can weigh heavily in an insurance company’s decision on liability.
If you are not transported to the hospital, see a doctor as soon as possible. No matter how minor your back injury may seem, you might have a rush of adrenaline or delayed symptoms and be unable to know the severity. Seeking treatment immediately after leaving the scene will also provide documentation linking your back injury to the accident. If you wait to seek medical help, the at-fault party’s insurance company can argue that your back injury was a previous injury, unrelated to the accident involving their policyholder, or not as severe as you claim.
It can be challenging to obtain the compensation you are entitled to on your own. An experienced Las Vegas back injury lawyer can help you with every aspect of your case, including determining which parties are liable, preserving evidence, handling all communication and negotiations with insurance companies, and representing you in court if necessary.
When you need a Las Vegas back injury lawyer, you can contact us for a free consultation of your case or by calling us at (702) 384-1414 or toll-free at 1 (800) 393-2350.