Can You Sue for Back Pain After a Car Accident? Know Your Legal Rights
One of the most common, chronic, long-term, personal injuries after a car accident is back pain. Whether big or small; a car accident can easily cause back injuries that may take a lifetime of treatment and pain management. You want to make sure to take immediate medical action in treating any back pain, collect records and seek a personal injury attorney. It’s important to understand key legal concepts from an experienced car accident attorney to avoid your lawsuit being dismissed and you being liable for all damages.
Seek Immediate Medical Treatment and Keep Records
Any back injury attorney will tell you that clients should get immediate medical attention after the accident. Many times, you will feel perfectly fine for the hours after a minor or moderate accident and then later on; the pain sets in. It’s important to get immediate medical evaluation and scans following a personal injury car accident no matter how you may be feeling. A personal injury attorney can help sort out the medical bills if you are found to be injured.
If there is no medical evidence of an injury then there is no personal injury suit for back pain after a car accident. Continue to keep evidence of physical therapy, medications, doctor's office visits and a journal of your symptoms with dates. Also, keep records of all monies spent related to the accident. Prescription fees, lost work hours, copays and medical supplies’ receipts should all be kept and accounted for. This way, your car accident attorney can ensure that any future lawsuit damages can be truly comprehensive of what money you have spent.
Know the Law; Maryland Car Accidents
Your personal injury attorney can help guide you towards realistic goals and expectations for your lawsuit. Although back pain from a car accident can be substantial and life changing, there are limits on punitive damages for car accidents in Maryland. Punitive damages are the “pain and suffering” damages. This monetary amount can be both difficult to quantify and difficult to obtain in a settlement or court room. Lifetime physical discomfort and emotional trauma can often be beyond putting a price tag on.
In Maryland, most car accidents fall under negligence and are not eligible for punitive damages. However, if the driver acted with gross recklessness and a personal injury attorney can prove the legal standard of actual malice then there is no cap on punitive damages. The number to request for this kind of damages as determined by personal injury attorneys includes emotional, mental and physical suffering, future lost wages, disfigurement and lifestyle changes.
The One Percent Negligence Rule
In Maryland any contributory negligence invalidates a lawsuit for personal injury in a car accident. This means that if you are found to be at fault whatsoever for the car accident, then your back pain and personal injury cannot be sued for. This sets Maryland apart from most other states that use comparative negligence models. Simply put, if a police report shows that you were driving slightly under the speed limit and someone rear-ended you; you could have no claim against them.
It’s imperative to meet with a car accident attorney early and to say as little as possible regarding your own conduct at the scene of the accident. Any admission such as “I may have tapped my brakes” can become part of a police report and leave you hanging with all the medical bills later on. Your personal injury attorney will advocate for you.
Know Your Timeline and Prior Medical History
Back injury from a car accident can present much later. The statute of limitations in Maryland is three years from the date of the accident. This can make any preexisting conditions even trickier to deal with. A car accident attorney can help sort out how to prove causation. Personal injury attorneys are familiar with getting damages for car accidents that may have exacerbated a preexisting condition or created new problems even a year or more after the accident.
Here, medical records showing a clear change in circumstances of preexisting conditions are paramount. Your car accident attorneys will need to know if you were managing your back pain before the accident. Did the accident create new limitations? Did you require new treatments, surgeries or medications as a result of the accident? Compensation for back pain from a car accident is possible even with a preexisting condition.
If you have back pain from a car accident, don't assume that you have no legal remedy. Don’t just take what the car insurance company pays out and call it a day. Contact a personal injury attorney and discuss your options.