Insurance Claims and Compensation for a Car Accident Back Injury
Car accidents injure more than 4.5 million individuals a year, and many of them suffer back problems.
There is a wide variation in the degree of back injuries after a vehicle accident, from minor strains to complete paralysis. A back injury may be a short-term annoyance or a life-altering tragedy, and you deserve to be compensated fairly.
There are several typical traps that you must avoid while filing an insurance claim. This guide may assist you.
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BACK INJURIES IN CAR ACCIDENTS ARE A COMMON OCCURRENCE
Despite the presence of seatbelts and airbags in today’s vehicles, accidents still occur. Back and neck injuries are the most often reported.
LEARNING ABOUT THE BACK’S DIFFERENT AREAS
Tendons, muscles, and ligaments are all entwined around the human back’s vertebrae, discs, and spinal cord.
Vertebrae are the backbones’ skeletal structures, and the spinal cord passes via this hole. Facet joints may be found on both sides of each vertebra and connect the vertebrae.
Cushions between the vertebrae known as discs are used to soften the impact of movement.
There are nerve fibers in the spinal cord that link practically every area of the body to the brain.
Sections of the spine may be shown as follows:
- It’s in the neck region where the cervical vertebrae are located (C1-C7)
- A person’s thoracic vertebrae are found in the upper back (T1-T12)
- Lower back vertebrae are known as lumbar vertebrae (L1-L5)
- Below the lumbar, the sacrum vertebrae are naturally bonded together (S1-S5)
- The tailbone, or coccyx vertebrae, are likewise united.
It’s possible to be hurt in an automobile collision if the impact is strong enough. Injuries to the back may be very painful and debilitating since the spinal cord traverses the whole length of the back.
Disc herniation is a condition in which one or more of the discs between the vertebrae has ruptured. A automobile accident might cause a disc to burst or “slide,” causing pain and discomfort.
Disk herniation occurs when the disc ruptures, allowing a portion of the inner cartilage to emerge from the disk’s interior. When injury causes a disc to slip out of its normal place between the vertebrae, this is referred to as a slipped disc.
Pressure is put on the spinal cord or the nerves surrounding it by herniated or sliding discs. Herniated or slipped discs may cause a variety of symptoms, depending on where they are located in the spine.
- Pain in the back, arm, or leg
Compression fractures, flexion distraction fractures, transverse process fractures, and dislocation fractures are the most common forms of vertebral fractures. An automobile collision may cause compression and injury to the bones of the backbone, resulting in spinal fractures. Pain, swelling, numbness, and tingling may all be found at the region of the break.
There are two types of burst fractures: those where the vertebrae split and the bone shards enter the surrounding tissues and the spinal canal.
FACET JOINT INJURIES
Facet joints support your weight and work with discs to regulate movement. Injuries to the facet joints may be painfully painful. Muscle spasms are the most common symptom in the location of the injury.
The most frequent vehicle accident injury is whiplash, which occurs when the body is abruptly thrown forward or backward. It is possible that you may experience the following signs and symptoms:
- Neck and back stiffness
- Blurred vision
SOFT TISSUE INJURIES
Some of the vertebrae’s surrounding muscles and ligaments might be severely stretched or torn after a collision.
A BACK PROBLEM TREATMENTS AND DIAGNOSIS
During your visit, your doctor will check your back and assess your mobility in various positions such as sitting, standing, bending, walking, and lifting your legs. If you’ve been in a vehicle accident, tell your doctor about it. Your doctor may send you home for a few days or prescribe more testing based on the results of your first visit.
FOR BACK INJURIES, THESE TESTS ARE OFTEN PRESCRIBED
Bone fractures and spinal misalignment in back injuries may be diagnosed using X-rays.
What is MRI, or Magnetic Resonance Imaging? There are a number of conditions that may be diagnosed with an MRI such as spinal misalignment, herniated discs, and nerve damage.
CT scans are routinely used to detect disc and spinal cord injury, as well as other abnormalities. In the event of a ruptured disc, this is a useful diagnostic tool. It also reliably evaluates the density and severity of vertebral fractures.
Using electromyography (EMG), doctors are able to detect nerve compression caused by herniated discs or a constricting of the spinal canal.
SURGEONS AND DOCTORS THERAPY FOR THE BACK
First, “conservative” or non-invasive treatment procedures are used to relieve discomfort and restore normal mobility in patients who are injured in car crashes.
Back discomfort, edoema, and muscular spasms are often treated with painkillers.
MOST FREQUENTLY PRESCRIBED DRUGS
Ibuprofen (Motrin) and naproxen sodium (Aleve) are over-the-counter (OTC) non-steroid anti-inflammatory drugs that relieve pain and swelling. Prescription-strength versions of these medications may be prescribed by your doctor.
If over-the-counter medications do not relieve your symptoms, your doctor may prescribe prescription muscle relaxants. Drowsiness is a possible side effect of muscle relaxants.
The use of opioids should be limited to a short period of time, and only under the direct supervision of a doctor. Chronic pain can’t be treated well with narcotics.
It is possible to use topical pain relievers such as creams, lotions, and ointments directly to the affected area. Big “patches” of topical pain medications are also available to cover a large portion of the back.
Cortisone injections may be used to treat back pain that radiates down the leg if drugs fail to alleviate the symptoms. The cortisone reduces nerve irritation.
EXERCISE AND PHYSICAL THERAPY
It’s best to avoid strenuous activity for the first few days after an injury to avoid aggravating the problem and risking further damage to the soft tissues. Soft tissue back injuries often heal within a month or two.
TREATMENTS FOR THE BACK
Symptoms may be alleviated using non-invasive alternative therapies. Even if you claim that alternative therapies have helped you feel better, your insurance company may refuse to cover them. Alternative therapies for back injuries include:
- Chiropractic care
This procedure removes the lamina, a tiny portion of the vertebrae that is injured. Pain and discomfort are alleviated by removing damaged disc material like fluids and exposed cartilage from the afflicted nerve region.
A tiny balloon-like expander is introduced into the disc space between the vertebrae for kyphoplasty surgery. Stabilizing agent may be put into injured region by expanding vertebrae with balloon. The technique increases the tensile strength of the spine.
This procedure is called endoscopy, and it is a minimally-invasive one. An incision is made in the back and a little tube containing a camera is inserted. The camera aids the surgeon in locating and treating pinched or compressed nerves, as well as identifying vertebrae that may need fusion.
Two or more vertebrae are fused together during spinal fusion surgery. The surgeon implants bone tissue from the patient or a compatible donor into the vertebrae that has been injured. Incorporating the tissue strengthens the body’s native tissues because of the natural origins of the tissue.
During ADCF surgery, the physician uses an artificial prosthetic disc to replace the badly damaged natural one.
Removes the disc material that is pushing on the nerve ends during microdiscectomy surgery. The discomfort is usually relieved quickly after the treatment.
Call Warrior Car Accident Lawyers
There are no-fault insurance states, which means that even if another motorist caused the collision, your own insurance company will cover your medical expenses.
The costs of your medical treatment, chiropractic therapy, missed earnings, and out-of-pocket expenditures linked to your treatment will be reimbursed by your PIP policy. Paying for pain and suffering isn’t covered by PIP insurance.
If you’ve been injured in a vehicle accident, you may be able to sue the at-fault motorist for damages if your soft-tissue injuries exceed the limitations of your PIP coverage.
As long as no-fault rules don’t apply, the initial step is submitting a claim for damages with the insurance company of the motorist who was responsible for the accident.
Personal injuries and property damage are referred to as damages by insurance companies. Your medical costs, out-of-pocket expenditures, missed earnings, and pain and suffering are all included in this..
Damages to property include the cost of repairs to your vehicle, the expense of a rental car while your vehicle is in the shop, or the value of your vehicle if it is wrecked.
Property damage claims may be made for goods like as eyeglasses, cellphones, and clothes that were damaged or destroyed in the collision.
THE INSURANCE ADJUSTER: A GUIDE TO SUCCESS
Your insurance claim will be allocated a claim number and a claims adjuster will be assigned to handle it. It’s possible that the adjuster could treat you like a crook, or that they will seem to be really friendly and compassionate. Regardless of how the claims adjuster seems, you must maintain your composure and conduct yourself properly.
It is their job to get you to say things that might be used against you. When providing a recorded statement, be very cautious. If you are under the influence of medication, angry, or uncomfortable answering questions, do not make a statement.
Take the same precautions while releasing your medical information. Records and medical bills are required by the insurance provider in order to substantiate your injury. Because of this, they don’t require any documents that are not directly linked with any of your present medical issues. After the accident, you have the ability to request a release that only covers the back injury treatment you’ve gotten since.
A personal injury attorney can help you determine whether a recorded statement or medical release will affect your claim.
Once you’ve healed from your back injury, tally up all your bills and costs and add a fair amount for pain and suffering to determine the worth of your claim.
Don’t take the adjuster’s criticism of your claim personally, and be prepared to back up your damages. Be kind yet firm.
They will not simply hand you a payment from their insurance company. Because someone else’s carelessness caused your back injuries, you’ll need to show that the other driver was negligent.
A STRONG INJURY CLAIM CAN ONLY BE MADE WITH STRONG EVIDENCE
You’ll need proof to support your claim for damages against the other motorist. The site of an automobile collision provides some of the most compelling evidence.
According to the: When an accident results in an injury, a police officer will arrive on the site and conduct an investigation to determine the reason. The officer will then submit a police accident report.
In addition to diagrams and witness names, the report will include the officer’s view as to who was responsible for the accident. The police report is taken very seriously by insurance adjusters.
TESTIMONY OF EYEWITNESSES
Make an effort to talk with anybody who may be able to provide evidence in support of your case. Get their phone number and ask if they’ll write down everything they saw and heard.
It’s possible that eyewitnesses may provide proof of the other driver’s carelessness. There’s a chance they observed or heard anything wrong with the driver. “It was my fault,” “I was on my mobile phone,” and other such phrases are powerful.
You should take as many photos and films as you can of the accident site, from as many different perspectives as possible. The truth is in the pictures. The more you have, the better off you’ll be in the long run. Photos of the scene of the collision, including the skid marks, the driver, traffic lights, and more, are solid evidence.
Until Your CLAIM IS RESOLVED, KEEP COLLECTING EVIDENCE
Records of medical treatment: Back injuries sustained in an automobile accident are clearly linked to your medical costs and records. Medical documents from the ER, physicians treating you, and any testing or treatment you’ve had should be obtained.
Ensure that your back problems were caused by the accident, according to the doctor’s report. If the doctor’s notes are hazy, suggest that he revise them. Earlier back injury? Make sure the medical record demonstrates that this accident’s injuries are unique from any prior injuries.
Correspondence and Notes: Write down whatever you know about the accident as soon as possible. The discomfort and restrictions you experience on a daily basis should continue to be documented.
In the event of an injury claim, keep track of everyone you talk to and retain copies of any contact with the insurance company. Make sure that the claim number appears in every correspondence.
FREE CONSULTATION WITH AN EXPERIENCED CAR ACCIDENT ATTORNEY
The at-fault driver’s insurance company is typically the best place to file a claim for soft tissue damage.
Medical and treatment fees, out-of-pocket expenditures, and a few weeks of missed pay will be included in your reimbursement. For pain and suffering, you may add one or two times that amount if you are not pursuing a no-fault claim under PIP coverage.
If you have an insurance claim or a lawsuit to settle, there is a time restriction known as the statute of limitations in each state. Some states have one- or two-year deadlines.
If you choose not to file a lawsuit or settle your damage claim before the statute of limitations expires, you forfeit your right to compensation, no matter how severely you’ve been injured. Don’t put off consulting an attorney until the last minute. Take care of what’s rightfully yours.
Disk rupture and spinal cord injuries may be costly and debilitating if they go untreated. Compensation for future economic losses and long-term medical expenditures should be included in claims for severe back injuries.
It’s common knowledge that insurance companies provide lesser settlements to unrepresented automobile accident damage claimants. They know that after they’ve made their “last” offer, you won’t have the energy or legal know-how to oppose them.
You risk losing a significant amount of money if you take on the insurance company alone. For a Colorado Springs car accident back injury, you’ll need the help of a skilled attorney to secure the reimbursement you deserve. The sooner you start, the better. To learn what a skilled attorney can accomplish for you, there is no fee.