Car accident-related back injury claims can be hard to prove and even harder to get compensated for. Why? Because insurers often treat these injuries as minor or temporary, even when the pain persists or worsens over time. While car accident back injury claims in Texas can be medically and legally complex, with the right legal strategy, you can secure maximum compensation that will pay for your accident-related losses.
At Moore Law Firm, our Texas car accident lawyers take these cases seriously because we know how disruptive a back injury can be. We will ensure that the insurer takes your situation seriously and settles your claim fairly.
Why Car Accident Back Injury Claims Are So Difficult
Back injury claims present unique challenges that insurance providers frequently exploit at the expense of injured victims like you.
Delayed Back Injury Symptoms
Back pain, numbness, or stiffness do not always manifest immediately after an accident. It can take hours, days, or even weeks for symptoms to emerge fully. Many people walk away from a crash thinking they’re fine, only to wake up days later unable to stand straight or sleep comfortably. Insurers use that delay to argue that you are exaggerating your condition or your injury was not caused by the crash but by some other event or pre-existing condition.
The Subjectivity of Pain
Unlike a visibly broken bone, back pain is largely subjective. Consequently, adjusters will attempt to downplay pain-related conditions, such as herniated discs or soft tissue damage. They may argue that you’re fabricating or exaggerating your pain, especially if diagnostic imaging does not immediately show clear, objective damage to explain your pain.
Pre-Existing Conditions
Many people have some degree of pre-existing back issues, such as degenerative disc disease or work-related chronic back pain. If you suffer from a pre-existing condition, insurers will blame the pre-existing condition for your current pain, even if the accident significantly aggravated or exacerbated it. Fortunately, Texas law allows recovery for aggravation of a pre-existing condition. Proving it, however, can be challenging.
The Invisible Nature of Pain
The chronic pain, nerve damage, and other symptoms associated with back injuries can be debilitating but are not always outwardly visible. This makes it easier for cynical adjusters to downplay the severity or even deny the existence of your pain.
Costly Treatment and Long-Term Care
Back injuries often require prolonged and expensive medical care, including physical therapy, chiropractic care, injections, pain management, and even surgical intervention. The higher the potential payout, the harder insurers fight to avoid it.
Impact on Your Earning Capacity
If your back injury prevents you from returning to your pre-accident job or performing the same physical tasks, it affects your long-term earning capacity. Calculating these future losses is complex, and insurance companies will strongly dispute them.
Back Injuries From Car Accidents Can Change The Way You Live
The spinal column is a complex and delicate structure composed of vertebrae, discs, nerves, and ligaments. Trauma from a car accident can cause:
- Herniated or Bulging Discs: The cushions between your back bones can tear or slip out of place, pressing on nerves and causing pain, numbness, or weakness.
- Whiplash: When your head jerks forward and back suddenly, it can strain the muscles and ligaments in your neck and upper back.
- Sprains and Strains: Sprains are stretched or torn ligaments, while strains are torn or stretched muscles and tendons in your back.
- Vertebral Fractures: Broken bones in your spine, which can be very painful and sometimes serious.
- Spinal Cord Injuries (SCIs): The most severe type of back injury, these can cause long-term disability or even paralysis.
Even seemingly minor back pain immediately after an accident can worsen over time, leading to chronic conditions that require costly and extensive ongoing medical treatment, therapy, and surgery.
The average cost of treating a serious back injury ranges from $10,000 to over $100,000, depending on whether surgery is needed. Those numbers do not account for lost income, time off work, or long-term physical limitations.
Why You Need a Texas Car Accident Lawyer On Your Side
Facing a back injury claim against a powerful insurance provider is an unfair fight. With a Texas car accident attorney working on your case, they’ll ensure your back injury is fully documented, your treatment followed through, and your claim supported by strong medical evidence. They’ll work closely with spine specialists and other experts who can link your injury to the crash and counter the insurer’s arguments, even if your symptoms were delayed or aggravated by a previous injury.
Your lawyer will likewise document and estimate your damages, including your pain, lost earnings, long-term care needs, and how your quality of life has changed due to your injury. While the insurer downplays your injury, your attorney will negotiate hard or take your case to court if needed.
Let Our Texas Car Accident Attorneys Secure Full Compensation For Your Back Injury
If you’re struggling with a car accident back injury claim and are being taken advantage of by insurers, our Texas car accident lawyers are ready to step in and fight for you. To arrange your no-cost consultation, you can reach Moore Law Firm online or at 956-631-0745.
FREQUENTLY ASKED QUESTIONS (FAQ):
How long does a back injury claim take after a car accident?
The duration of a back injury claim after a car accident varies based on factors like injury severity, treatment length, and negotiation with insurance companies. Some cases resolve quickly, while others can take months or even longer.
What is the average payout for a back injury from a car accident in Texas?
There is no “average” payout for a back injury from a car accident in Texas. Compensation depends on many factors, including medical expenses, lost wages, pain and suffering, and the specifics of the injury and accident.
Can a pre-existing back condition affect my car accident claim in Texas?
Yes, a pre-existing back condition can affect your car accident claim. However, Texas law allows recovery for the aggravation of a pre-existing condition if the accident worsened it. Proving this requires strong medical evidence.