Proving Back Personal Injuries in NC Car Accident Claims
June 21, 2022
Back injuries from a car accident can be very serious, if not devastating. An injury to your back muscles, bones, or spine can affect your daily life, relationships, and work. They may even be permanent!
We’ve seen a wide range of back personal injuries, including…
Spinal cord injuries
Bulging or herniated discs
Soft tissue injuries (like sprains, strains, torn ligaments, & pulled muscles)
Facet joint injuries
However, proving that your back injury directly resulted from a vehicle crash can be tricky–that is, without an expert North Carolina back personal injury attorney on your side!
Here’s what you need to know to build a strong claim.
Why Is It so Difficult to Prove a Back Personal Injury?
There are a wide variety of potential causes for back pain. So, as you can probably imagine, pinpointing the PRECISE reason for your back pain can be challenging.
If possible, the insurance agency representing the opposing party in a personal injury case will attempt to suggest you suffered from “pre-existing” back conditions (or “degenerative changes”) before the car accident that contributed to the back pain you’re experiencing now.
They will try to claim the auto accident did not entirely cause that your back injury.
And, unfortunately, North Carolina is one of only a few states that follows a pure contributory negligence rule. According to the rule, you cannot recover ANY personal injury damages if you contributed to your injury/injuries in ANY way. That’s why it’s all that much more important for you to hire a lawyer with significant experience in North Carolina personal injury law.
Building a Strong Back Personal Injury Case
With back personal injury claims, you’ve got to prove four things:
The opposing driver had a legal duty for your safety.
The opposing driver’s negligence caused the accident (they were at-fault).
The accident was a proximate cause of your back injury.
And the specific damages you’re requesting stem from the accident and your back injuries.
So, what do you need to show these 4 things?
Plenty of evidence.
Don’t wait long after the crash to seek medical treatment. And be sure to keep all the relevant documentation, from crash scene photographs and police reports to medical bills and records. It may even be a good idea to keep a journal of daily pains and struggles until the court hearing.
And a knowledgeable NC personal injury lawyer.
Robert Louis Armstrong has been helping clients argue back personal injury cases for nearly 24 years!
Robert Armstrong | North Carolina Car Accident & Back Injury Attorney
If you or a loved one sustained a back injury because of a North Carolina car accident, it’s essential for you to consult with an experienced attorney who can help you navigate the complexities of medical bills, building a claim, and presenting your case.
Get in touch with Robert Armstrong’s office today!