How to File a Back Injury Compensation Claim After a Car Accident

After being in a car accident, the last thing on your mind is dealing with the filing of a back injury compensation claim. However, if you’re like most drivers, you will eventually need to file a claim to receive the appropriate financial compensation for your injuries, property damage, and loss of income.

The insurance company could offer you a low settlement amount for your back injury claim, they are notorious for lowballing car accident claims. If you have substantial injuries, you need to know how to effectively deal with the insurance adjuster so you get as much compensation as possible.

Common Back Injuries Seen in Car Accidents

Car accidents often cause back injuries. The spine is one of the largest and most important parts of the body, and is especially vulnerable in car accidents. Here’s a list of some of the most common back injuries suffered in auto accidents.

  1. Herniated Disc Injuries: These one of the most common back injuries in car accidents. A herniated disc results when the soft jelly-like center of the disc pushes through the tough outer layer. Symptoms include pain, numbness, and tingling sensations in the back and neck.
  2. Bulging Disc Injuries: Similar to herniated disc injuries suffered in car accidents, bulging disc injuries occur when the inner portion of the disc pushes through the outer layer. Bulging discs can cause similar symptoms to herniated discs.
  3. Spinal Cord Injuries: These are very serious injuries that can cause permanent paralysis. A spinal cord injury can be extremely serious and life-altering. Symptoms can include loss of sensation, loss of movement, pain, and in severe cases, full or partial paralysis.
  4. Compression Fractures: In a compression fracture, one or more vertebrae in the spine buckle or collapse. This type of fracture can cause severe back pain and disability.
  5. Lower back injuries in car accidents are very common: Low back sprains and strains are common injuries that occur when the muscles and ligaments in the lower back are overstretched or torn. Symptoms include pain, stiffness, and weakness in the back.

Winning a Back Injury Car Accident Claim

Here are four simple steps to ensure you get fairly compensated for your back injury claim:

  1. Collect all of the necessary documentation related to your accident. You’ll obviously want to exchange insurance and contact information with any other drivers involved in the accident, but don’t stop there. This also includes medical records and bills, police reports, photographs of the scene and damage to both cars, and witness statements. You should try to have as much documentation about the accident as possible.
  2. See a medical professional as soon as possible after the crash. You need to have your back injury symptoms from the car accident documented by your doctor. Make sure to save all medical records, bills, and prescriptions or over the counter treatments, such as back brace. All of the documents that you collect will be essential to getting a fair back injury car accident settlement.
  3. Consult with an experienced personal injury attorney to determine how much compensation your back injury claim is worth. A good car accident lawyer can give you an idea how much a fair settlement for your motor vehicle accident will be, taking into account things like medical bills, lost wages, and the severity of injuries suffered in the car accident. Make sure to speak with more than one experienced car accident lawyer, they almost all offer a free consultation.
  4. Make sure you’ve reached Maximum Medical Improvement (MMI) before you accept any back injury settlement offer the insurance company makes. This is important, because once you’ve signed your back injury settlement offer you can’t go back and ask for more compensation for your car accident injuries. If you have a neck or back injury pop up after that (delayed whiplash days after a car accident is a very common occurrence), any medical expenses will be your responsibility.

Negotiating Your Back Injury Settlement Claim

Even if you do everything right, you may not get an offer from the insurance company that you think fairly compensates you for your back injury. Most car accident settlement claims involve at least some level of back and forth negotiation.

If the insurance company doesn’t offer a fair settlement, your next step should be to hire an experienced personal injury lawyer. They will take over negotiations with the insurance company on your behalf and try to get you a fair settlement. Insurance companies know they can get away with more when dealing with an unrepresented person, so the mere act of hiring an attorney can often increase the offer. An experienced car accident lawyer will also know exactly how much to ask for in terms of pain & suffering, make sure no relevant expenses have been left out, etc.

If the insurance company still refuses to budge, your lawyer may take them to court. Sometimes even the threat of litigation will help the insurance company come around to your demands and make you a more reasonable back injury settlement.

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