The first step with neck or back injuries is to get medical treatment. Even whiplash, which is the most common neck injury, can go unnoticed for a long time. If you fail to get treated immediately after the injury, it can allow the injury to worsen and, in the worst of cases, result in paralysis.
It can be challenging to notice the symptoms at first because, after an accident, the body is full of adrenaline and that can prevent you from noticing a severe injury for days or weeks. Even if you don’t think you were injured after an accident, you should get examined. Then pay attention to signs of injury later, such as numbness, headaches, loss of bladder control, back and neck pain, trouble walking or staying balanced, or loss of sensation.
is the average liability claim for bodily injury in a motor vehicle accident.
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The most important thing, whether your injury came from a slip and fall accident or a car accident is to get checked out medically. You should contact the San Antonio Police Department to file an official report in the event of a severe accident, such as a car accident.
Immediately after that, you should visit Southwest General Hospital, San Antonio State Hospital, Northeast Baptist Hospital, Methodist Texan Hospital, or St. Luke’s Baptist Hospital to be evaluated for your injuries. You must follow through with any medical treatment or rehabilitation you are provided.
Your compensation is based upon a) proving negligence and b) the severity of your injuries. Neck and back injuries can be traumatic and leave you with severe pain, paralysis, and lead to limited mobility and insomnia. In Texas, you can recover compensation for your neck and back injuries if the injury was sustained as a result of someone else’s negligence.
You have to prove the other party was negligent by showing they 1) have a legal obligation to act in such a fashion as to prevent the accident from happening, 2) they failed to meet that obligation, and as a result 3) you sustained neck or back injuries.
The compensation to which you may be entitled is based upon the actual cost of your injuries including current and future costs, as well as costs associated with the injuries, and in some cases, other factors.
For example: if you were injured in a car accident, your compensation would include damage to your property, i.e., car repairs. If instead you were injured at work, it would only include lost wages and medical bills. If you were injured from a medical error or product defect, you could experience pain and suffering.
In Texas, after sustaining a neck or back injury, your life might not return to normal for months or years. It might never return to normal. Still, the cost of your initial treatment and subsequent rehabilitation can add up quickly. You might not get back to work because of these injuries, making it even harder to pay for the ever-mounting bills. In such situations, you may be able to get compensation for your injuries.
You can file for special and general damages:
1. Special damages include economic losses, things that have a monetary value assigned to them, which include lost wages, current, and future medical expenses, and funeral costs in the event of a wrongful death case.
General damages are those without an objectively verifiable dollar amount such as pain and suffering, emotional distress, or loss of life/companionship.
To help your attorney get the maximum compensation you deserve, you should keep track of all medical expenses and car-related expenses. Get copies of anything you pay for relating to the injuries you sustain.
Texas has a modified fault system. This means that you can still receive some compensation for your injuries if you are not more than 50% at fault. As such, if you are partially at fault, you receive your settlement minus the percentage at fault you are found. For example: if you are driving at night with a headlight out and another vehicle runs a stop sign and hits you, you might be found 10% at fault because of the broken headlights, while the other driver is found 90% at fault. So, if the total settlement is $1,000, you would receive only $900.