Back Injuries in Personal Injury Cases
Minor back problems are common occurrences most people will experience at least once in their lives. They can also be serious, debilitating injuries that have a permanent impact on your life. If you or a loved one has experienced a back injury due to another person’s actions, you may be eligible for a personal injury case and compensation. Contact
the Law Firm of Aaron A. Herbert, P.C. for guidance and representation.
Back Injury Types and Causes
The two most common types of back injuries are acute, or sudden, and overuse injuries. Acute injuries involve intense pain that happens very suddenly. The pain does not usually last longer than about six weeks. Common acute injuries are strained ligaments or muscles, a fractured spine, a torn or ruptured disc, and compression of nerves in the lower back.
Overuse injuries happen over a longer period with some people not even remembering a moment of injury. Pain may manifest in muscle spasms and body stiffness. Overuse injuries often go away in about four weeks and do not usually require specific treatment. They can occur because of poor posture or improper movement or positioning.
Back injuries most frequently take place when someone has used his or her back muscles for strenuous activities that he or she does not usually do.
Proving Negligence in Back Injury Cases
No matter how you injured your back, if you can prove another party was acting negligently you may be able to gain compensation for your injury. To show that the defendant owes you compensation, you must be able to prove three things: duty, breach of duty, and causation.
Most people have some type of legal duty they must uphold in their daily lives. A store owner must keep all customers reasonably safe in his or her store; a motor vehicle driver must drive responsibly to keep himself or herself and everyone else on the road reasonably safe.
The moment a person acts negligently is when he or she does not uphold his or her legal duty. For example, if a motor vehicle driver is driving recklessly on the road and endangering other drivers, he or she is breaching his or her duty to keep other drivers safe while on the road.
The final point you must prove to win your back-injury case is that the defendant breaching his or her duty caused your injury. You must show that if the defendant had not acted in the way they did, you would not have injured your back.
Damages
If you win your case, the court will award you damage compensation depending on the circumstances of your case. The court can award you damages for medical expenses, wages that you lost because of time you needed off work to recover, and any pain and suffering that you experienced because of the injury.
Texas follows the comparative fault rule. Texas courts will consider the percentage that each party was at fault before determining how much compensation you should receive. For example, if you were 15% at fault for your injury, the court would reduce your compensation by 15 percent. In Texas, the court will award you some amount of compensation unless you are 51 percent or more at fault for your injury.
Back Injury Attorney
If you or a loved one has suffered a back injury and you are considering filing a personal injury case, you need help from an experienced attorney who is versed in Texas personal injury law. The Law Firm of Aaron A. Herbert, P.C. can provide you with determined representation and help you get the compensation that you deserve.