There are two common reasons for neck and back injuries in Texas: car accidents and slip and fall accidents. However, these are not the only situations that can cause neck and back injuries. Other examples include bicycle accidents, construction/worksite accidents, swimming pool accidents, defective products, and pedestrian accidents.
The symptoms you experience can range from mild to severe neck or back pain and numbness or the inability to feel likes like hot or cold temperatures. You can also experience numbness, headaches, intense pain. You might have difficulty breathing, difficulty walking, face reflexive spasms, or lose bladder control.
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You must speak with the Brownsville Police Department, if you need to file a report (such as a car accident case). Next, seek medical treatment from Valley Regional Medical Center, Solara Hospital Brownsville, or Valley Baptist Medical Center immediately to ensure your injuries do not get worse.
Working with a Brownsville neck and back injury lawyer can help you determine if you have a personal injury lawsuit and can potentially receive compensation. Such cases require you to prove that the other party was negligent. In Texas, you have to show that the defendant had a legal obligation to prevent the accident leading to the injury, that they breached that obligation, and the breach resulted in your neck and back injury. You must also prove that you sustained financial losses as a result of the injury.
If, however, you sustained your injury at work, you would file a workers’ compensation claim instead of a personal injury lawsuit. These claims are filed with the insurance company of your employer, and they do not require proof of negligence, just evidence you were injured while performing work tasks.
The liable party is anyone you can prove was negligent and responsible for your injuries: another driver in a car accident, a medical professional if a medical malpractice act, a property owner, coworker, product manufacturer, or employer.
The steps you take next are based on your situation. If, for example, you were injured at work, the next steps would be to work with our Brownsville neck and back injury lawyer to file a claim with your employer’s insurance.
If instead you were injured because of a slip and fall accident in a place of business, the next steps would be to work with the insurance provider for said business and submit a claim. If the claim is denied or the offer too low, a follow up would be to file a personal injury lawsuit against the negligent party.
Texas law stipulates you have two years to file a personal injury claim which begins the moment you sustain your back and neck injuries.
After neck and back injuries, things can get fuzzy. Information can get mixed up or lost, which is why writing things down is essential.
First, you should keep a damage and expenses list where you note medical treatment received along with information such as the doctor you saw and the location, date, etc. You can keep copies in a folder of any documents like prescriptions, x-rays, or medical reports. Keep a record of lost wages, substantiated by copies of previous income as well as property damage, including receipts for things like car repairs or car rentals if your injuries were sustained in a car accident.
Equally important is to maintain a post-accident journal. This document should list daily and weekly symptoms you are feeling in a chart or line format, followed by details of the pain and a rating from 1-10. Keep a note of the date you first noticed the symptoms and what activities were affected by the symptoms. Note also the duration or frequency of symptoms and pain.
Texas is a fault state. This means that you can still receive compensation so long as you are not found to be 50% or more at fault. The way the system works, you are awarded the full settlement less the percentage at fault you are found. So, if you sustained neck and back injuries in an accident where you are 30% at fault, your total settlement will be reduced by 30% and the remaining 70% is what you take home.
If you are found more than 50% at fault for your neck and back injuries, you cannot recover compensation. This is why it is essential to discuss the situation with an attorney so that you can determine how strong your case is and whether you can legally pursue compensation.
It isn’t always clear whether you have a case or not.