Rear-End Collisions and Back Injuries

 

Back injuries are common in Tampa car accidents. In a crash, your back can be thrown around in unnatural ways. That trauma can cause damage that’s painful and long-lasting. If you suffer from back injuries from a rear-end collision, there are things that you and your Tampa car accident lawyer can do to seek compensation for your injuries. Here’s what Florida law says about back injuries from rear-end crashes.

Back Injuries Are Common After Rear-End Car Accidents

A sudden car accident jolts your body forward at a high speed. You may suffer from another jolt when you hit the airbag. Although the airbag may save your life, you may still suffer from serious pain.

Back pain after a rear-end car accident can set in immediately, or it can take time to notice the full effects of the crash. If you’re in a rear-end car crash, it’s important to consider the possibility of back injuries. It’s also important not to assume that you know the severity of your injuries.

Our Tampa Car Accident Attorneys Know That Back Pain Isn’t Always Obvious After a Car Accident

You may not know the full extent of your back pain immediately after the accident. Even your medical care providers may not be able to tell exactly what your back injuries are. Back injuries may be subtle. Because you probably haven’t suffered anything like it, you may not recognize your injuries as back pain. You might only recognize that you have numbness, shooting pain or difficulty moving.

One of the challenges in bringing a claim for back injuries and back pain after a car accident in Tampa is making sure that you have a complete and accurate dollar value for your claim. You have a right to complete compensation for the full extent of your injuries, and that includes long-term medical bills and pain and suffering. The challenge is in making sure that you have an accurate picture of your injuries. You may not even be sure what the prognosis is for your back pain and your back injuries.

Our Tampa car accident attorneys specialize in helping clients prepare their legal claims in detail. If you suffer from back injuries, we work to ensure that you have the right medical experts working on your claim. If you’re likely to suffer long-term back injuries from a car accident, we can help you determine the value of your injuries and gather the evidence that you need to prove your case.

How We Help to Build Your Case

The medical evidence is very important if you suffer back injuries of any kind in a car accident. Our team ensures that you gather the evidence that links the crash with your injuries. You may have medical exams to look for things like fractures, sprains, strains, chronic pain, dislocations, and whiplash.

We work to help the jury understand what injuries you suffered, how they occurred in the car accident, and what your long-term prognosis is likely to be. When the jury can understand complex issues made simple by our detailed case preparation, they can understand what compensation you’re looking for and why.

Does Florida No-Fault Law Allow You to Bring a Legal Claim After a Back Injury?

Even though Florida has a no-fault insurance system for car accidents, you may still qualify to bring a legal claim for injuries that you suffer in a collision. Florida makes exceptions in the no-fault system for injuries that are very serious.

If your back pain or your back injuries are permanent, serious or disfiguring, the no-fault system doesn’t apply to you. Don’t assume that because Florida has a no-fault insurance system for car accidents that you can’t bring a claim. Florida law allows an avenue for accident victims with back pain to bring a claim for the full extent of their injuries.

The Florida Supreme Court Ruling on a Back Pain Car Accident Case

The Florida Supreme Court has ruled on a case that involves back pain in a car accident. The Supreme Court ruled in favor of the injured victim. The case had to do with what kind of proof the victim needs to show the jury of the permanency of their injuries. The case is Wald v. Grainger from 2011.

In the Wald v Grainger case, the accident victim presented evidence that their back injuries were permanent. The defendant didn’t dispute that they caused the accident, and they didn’t dispute that the victim was injured. When the defendant presented their case to the jury, they didn’t offer any evidence to contradict the victim’s evidence that the injuries were permanent.

When the case went to the jury to decide, the judge didn’t have the jury decide the question of whether the injuries were permanent. The judge just concluded on their own that the injuries were permanent. The basis for the judge’s decision was that the victim presented evidence that the victim’s injuries were permanent, and the defendant didn’t do anything to contradict what the plaintiff presented.

The Florida Supreme Court upheld the decision and ruled in favor of the victim. The Supreme Court said that because the evidence was clear, the only reasonable conclusion was that the injuries were permanent. Essentially, the Court directed a verdict in favor of the crash victim on the issue of whether the damages were permanent. The jury found in favor of the victim and awarded the victim compensation for the accident. The Supreme Court’s ruling was positive for accident victims looking for compensation after a rear-end crash.

Work With The Legal Experts at Jack Bernstein, Injury Attorneys

If you’re suffering from back injuries because of a rear-end crash or any crash, our Tampa car accident attorneys can help you evaluate your claim. We can help you find the right medical evidence to value your claim and pursue it for compensation. With detailed and aggressive case preparation, we can give you the peace of mind to know that you’re doing all you can to pursue your case under Florida law.

About the Author

Jack G. Bernstein, ESQ.

For more than 35 years, personal injury lawyer Jack G. Bernstein has protected the rights of individuals who have been injured in a variety of circumstances. Mr. Bernstein is a member of the Florida State Bar Association, the Hillsborough Bar Association and the Clearwater Bar Association.

The information contained herein is intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.