Filing a Personal Injury Claim for a Back Injury: Important Information for Accident Victims in Florida

Back injuries are among the most serious injuries commonly suffered in vehicle collisions, falls, and other accidents. If you have suffered a back injury in an accident, you may be entitled to financial compensation under Florida law. Accident victims can file personal injury claims in many cases, and if you have grounds to file a claim, you can hire a Florida personal injury lawyer to represent you at no out-of-pocket cost.

What It Takes to File a Successful Personal Injury Claim for a Back Injury

Why is it important to hire a Florida personal injury lawyer? Even if you are clearly entitled to financial compensation for your back injury, there are several steps you will need to take in order to seek the financial compensation you deserve. You will also need several forms of proof, and you will need to be able to effectively present this proof to the at-fault party’s insurance company (or in court if necessary).

What forms of proof do you need? Here is an overview of what it takes to file a successful personal injury claim for a back injury in Florida:

1. Proof of How You Injured Your Back

To file a successful personal injury claim, you will need proof of how you injured your back. Whether you were injured in a vehicle collision, a fall, or any other type of accident, you will need to have documentation of the accident—including documentation of when, where, and why it happened.

This makes it important to investigate the accident as soon as possible. When you hire a Florida personal injury lawyer to represent you, conducting a thorough investigation will be one of your lawyer’s first priorities.

2. Proof of Who (or What Company) is Responsible

After investigating your accident, one of your lawyer’s next priorities will be to determine who (or what company) is responsible for your back injury. In Florida, there are three primary grounds for filing a personal injury claim after an accident:

• Negligence – Drivers, property owners and various other parties can be held liable for making mistakes that amount to negligence under Florida law.
• Vicarious Liability – Employers in Florida can be held liable for their employees’ negligence within the scope of their employment.
• Strict Liability – Product manufacturers and other businesses can be held strictly liable for accidents caused by product defects. In these cases, proof of negligence isn’t required.

Your lawyer will examine the available evidence to determine what claim (or claims) you can file, and then your lawyer will take appropriate legal action on your behalf. After an accident, it is critical not to assume that you know who (or what company) is responsible—because if you do, you might end up filing the wrong claim (or claims).

3. Proof of Your Diagnosis and Treatment Needs

Filing a successful personal injury claim also requires proof of your diagnosis and treatment needs. In other words, it isn’t enough to simply say that you suffered a back injury in the accident—you need to be able to prove it.

Your medical records will generally serve as proof of your diagnosis and treatment needs, though additional documentation may be necessary as well. Here, too, your lawyer can assist with ensuring that you have all of the documentation you need.

4. Proof of Your Financial Costs (Present and Future)

When you have a personal injury claim for a back injury in Florida, you are entitled to just compensation for all of the present and future costs of your injury. However, it is up to you to prove the costs you are entitled to recover.

Medical bills, receipts and your employment records (if you have missed time from work) are just the start. You will need various other forms of documentation as well. If you hire an experienced lawyer to represent you, your lawyer will be able to assist with gathering all of the documentation you need to prove all of your present and future out-of-pocket losses.

5. Proof of Your Back Injury’s Other Consequences

When you have a personal injury claim for a back injury in Florida, you are also entitled to just compensation for your non-financial losses. This includes compensation for your pain and suffering, emotional distress, and loss of enjoyment of life.

But, here too, you need comprehensive documentation. The insurance companies aren’t going to assume that you are in pain, and they aren’t going to calculate the value of your claim with your best interests in mind. To seek the full compensation you deserve, you will need to work closely with an experienced lawyer who can prove what is just under the circumstances at hand.

Important Legal Considerations After You Have a Back Injury in an Accident

Now that you know what it takes to file a successful personal injury claim for a back injury, what else do you need to know? Here are three important legal considerations.

• It Is Important to Take Action Promptly – From investigating your accident to getting the medical attention you need for your back injury, it is important to take action as soon as possible.
• You Need to Be Prepared for the Insurance Companies’ Tactics – From making lowball settlement offers to accusing you of being responsible for your own injuries, you need to be prepared to deal with the insurance companies’ tactics.
• You Only Get Once Chance to Seek a Settlement – If you settle your claim too soon, you could end up with much less than you deserve, and you won’t be able to go back and ask for more.

With these considerations in mind, it is extremely important to put an experienced Florida personal injury lawyer on your side. If you need help standing up for your legal rights after an accident in Florida, we strongly encourage you to schedule a free consultation today.

Schedule a Free Consultation with a Florida Personal Injury Lawyer Today

To schedule a free consultation with a Florida personal injury lawyer at Searcy Denney, call 800-780-8607 or contact us online now. Our lawyers are available 24/7.