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April 26, 2024 by Greg Baumgartner
In the aftermath of a car accident, or an accident with a big rig, individuals often find themselves grappling with a myriad of challenges, both physical and emotional. Among the most common injuries sustained in vehicle accidents in Houston, are those affecting the neck and back. These injuries can have profound and long-lasting effects on one’s health and well-being, necessitating medical attention and careful consideration of legal options for compensation.
Neck and back injuries encompass a broad spectrum of conditions, ranging from whiplash to herniated discs and spinal cord injuries. Each of these injuries can manifest in various ways, causing pain, limited mobility, and even disability. Individuals must seek immediate medical attention following a car accident, as some injuries may not be immediately apparent but can worsen over time if left untreated.
In Texas, individuals who have sustained neck or back injuries in car accidents may be entitled to compensation for their damages. This compensation can cover medical expenses, lost wages, pain and suffering, and other related costs. However, navigating the legal landscape can be complex, requiring the expertise of skilled attorneys specializing in personal injury law.
Several factors influence the amount of compensation an individual may receive for neck or back injuries sustained in a car accident. These include the severity of the injury, the extent of medical treatment required, the impact on one’s ability to work, and the degree of pain and suffering endured. Additionally, Texas follows a modified comparative fault rule, meaning that compensation may be reduced if the injured party is found partially responsible for the accident.
Dealing with insurance companies can be challenging, as their primary goal is to minimize their financial liability. When negotiating a whiplash injury settlement, it is essential to approach the process with diligence and persistence. Have proof like medical records, witness statements, and damage documentation ready to support your claim. Be prepared to present it.
Hire a personal injury lawyer to assist with negotiating with insurance companies for your case. This will help you achieve a favorable outcome.
Given the complexities involved in personal injury cases, individuals should seek the guidance of experienced attorneys who can advocate. A skilled attorney will assess the case details, gather evidence, negotiate with insurance companies, and, if necessary, litigate in court to secure maximum compensation for their clients.
If a fair settlement cannot be reached through negotiation, you may pursue litigation by filing a personal injury lawsuit against the at-fault party. In court, your attorney will present evidence supporting your claim and argue for the compensation you deserve. While litigation can be lengthy and complex, it may ultimately result in a more favorable outcome, particularly if the insurance company refuses to offer a fair settlement.
Individuals should diligently document all damages related to their neck or back injuries to strengthen their case. Proof includes medical records, bills, receipts for expenses incurred, records of missed work, and any other relevant documentation. Thorough documentation helps assess the full extent of damages and serves as evidence in legal proceedings.
To maximize compensation for neck or back injuries sustained in a Texas car accident, individuals should heed the following advice:
1. Seek prompt medical attention and follow all prescribed treatments.
2. Keep detailed records of all medical expenses and other damages.
3. Refrain from communicating with insurance companies without legal representation.
4. Consult a reputable personal injury attorney with a proven success track record.
5. Avoid posting about the accident or injuries on social media, as these posts can be used against you by insurance companies.
Depending on three factors, how much a spine injury claim is worth will vary.
First, is the liability or responsibility for causing the crash clear? Is responsibility disputed? or is liability clear like getting hit in the rear by a drunk driver?
Second, how serious is the injury? Is it an injury requiring substantial medical care, like a herniated disc or fracture? Or is the injury a soft tissue whiplash-type injury?
Finally, what insurance coverage is available to pay the claim? Limited amounts of liability insurance coverage can hamper the settlement amount of a case.
Generally, the average settlement for a whiplash or soft tissue minor neck or back injury ranges from $10,000 to $50,000. At the same time, more serious neck or back injury cases can settle for up to $5 million (or more with permanent disability).
If you’ve been injured in an accident in Houston and need legal assistance, contact a Houston personal injury law firm to schedule a free consultation. We proudly serve Harris County, Montgomery County, and Houston.
Baumgartner Law Firm
6711 Cypress Creek Pkwy, Houston, TX, 77069
Since founding the Baumgartner Law Firm in 1985, Greg Baumgartner has established himself as a leading personal injury attorney in Houston, Texas, with a focus on representing severely injured accident victims and families who have suffered the loss of a loved one. His commitment to excellence in legal advocacy has earned him recognition from prestigious organizations, including Super Lawyers and the Top 100 Trial Lawyers and others. With decades of experience, Greg is consistently peer-reviewed and holds a preeminent rating, reflecting his dedication to achieving justice for his clients.
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