Individuals can suffer back injuries in numerous ways, for example, through automobile accidents, slips and falls, and even medical malpractice. While these accidents can cause minor injuries like sprains or strains, they can even result in catastrophic Damage in the form of misalignment or separation of vertebrae and herniated discs, resulting in partial or complete paralysis and more.

If the victim has suffered these devastating physical injuries in addition to the resulting emotional, mental and financial damages as a consequence of someone else’s actions, he/she can recover fair compensation by filing a back Injury claim. But what is ‘fair compensation’?

In a personal injury claim, fair compensation is the amount that the defendant owes the Plaintiff for the damages he/she has sustained in an accident caused by the accused. In a back injury claim, this value is estimated taking into account the following criteria:

• Economic Compensatory Damages: These are financial losses that the individual has incurred or will incur in the future due to expenses like:
  • Current and future medical and treatment costs like hospitalization, surgeries, etc.
  • Cost of long-term or permanent care like a live-in nurse or healthcare provider
  • Lost income due to time off work
  • Future loss of income because of the inability to resume work in the same or better capacity
• Non-Economic Compensatory Damages: These are general damages that the victim has sustained that are non-monetary, but significantly impact the individual’s life. These non-economic damages include:
  • Pain and suffering caused due to the physical injuries sustained
  • Emotional distress caused due to the loss of independence, the inability to complete even daily tasks, loss of a fulfilling career, etc.
  • Loss of consortium, which refers to compensation for losses that the individual’s partner or children have suffered due to the catastrophic injuries the victim sustained. These losses could include the loss of a marital sexual relationship with the spouse or the inability of the parent to partake as would be normal in the child’s life.
• Punitive Damages: The victim may be awarded punitive damages if the defendant’s behavior was so outrageously negligent that the jury deems it appropriate to award this amount in addition to the compensatory damages to the plaintiff, to punish the defendant. Receiving punitive damages is rare, and it is only awarded after the back injury lawsuit has gone through a full civil trial.

Besides compensatory and punitive damages, two other factors might affect the value of an individual’s back injury claim. These are:

• Contributory and Comparative Negligence: There are a few states that follow the rule of ‘contributory negligence’ where the plaintiff will recover no settlement at all if he/she was partially responsible for the incident that caused the victim’s injuries. However, most states follow the rule of ‘comparative negligence’ where the plaintiff can recover some money as long as it was more the defendant’s fault. However, the amount of responsibility the plaintiff bears for the incident will impact the amount of money he/she receives.
• Failure to reduce the damages – If the defense finds that the plaintiff did not make the effort to mitigate damages he/she suffered after the incident, then the defendant may not be required to pay as much in settlement to the plaintiff.

Back injury claims can be complex, with the numerous factors listed above impacting how much the plaintiff can expect to receive as compensation. Therefore, to get a realistic estimate of the value of the claim, it is crucial for the plaintiff to consult a qualified, experienced back injury lawyer who will evaluate the case and determine how best to proceed to get optimal results.

If you have suffered a severe back injury and would like to find out the value of your back injury claim, contact our attorneys for a free case consultation today.

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