What Do I Do if I Have Back Pain After a Car Accident in Cincinnati?

You could sue someone personally to recover damages after a crash. However, filing a lawsuit is not always necessary. You could secure compensation by filing a claim with the at-fault driver’s insurance company. 

If you cannot recover what you are entitled to from an insurer, filing a lawsuit may be necessary for pursuing damages such as medical costs, physical and emotional suffering, wage loss, and others. An experienced car accident lawyer from our firm can assess whether suing an at-fault driver is the best choice in your case. We can walk you through your legal options and move forward with a lawsuit.

How much you can recover in an accident settlement will depend on several factors, including:

• The severity of your injury
• Your healthcare costs
• Your wage losses
• Whether liability of the other party is clear

A severe or disabling injury generally results in a higher settlement than a mild or moderate back injury. You could receive: 

Medical Expenses

If someone else is responsible for your injury, you are generally entitled to all the current and future medical costs incurred with the injury. Healthcare costs can include medications, hospital stays, specialist appointments, physiotherapy, and others.

Lost Wages

If you missed work time due to recovering from a back injury, you could seek damages such as income loss and loss of future expected income. 

Non-Economic Damages

Back injuries can be painful and limit a victim’s life considerably. Therefore, individuals could be entitled to various non-economic awards, such as:

• Pain and anguish
• Emotional distress
• Inconvenience
• Loss of life enjoyment
• Permanent disability

You could also receive out-of-pocket expenses and other types of damages.

Generally, victims are entitled to compensation for any injuries occurring in an accident that was not their fault. Ohio operates under the “eggshell skull” doctrine, which means that the defendant has to take you as you are at the time of the accident. Therefore, even if your injuries are more severe than expected due to a pre-existing back injury, you are entitled to pursue adequate damages for your medical bills and other expenses. 

While having a pre-existing back injury does not bar you from receiving compensation for back pain after a crash, it can complicate your case considerably. The other side and their attorney could argue that your pain stems from the pre-existing injury and has nothing to do with the accident. Therefore, if you had a back condition that was aggravated due to a car accident, consider getting a car accident attorney on your side to avoid getting short-changed.

If you develop back pain and other symptoms days or even weeks after a crash, you could face an uphill struggle to get what you deserve.  However, unless you have settled your claim already and signed a release form, you could still pursue damages for your injuries. Working with an experienced lawyer can be critical if you experience a delayed back injury. 

According to the Ohio Statute of Limitations, Ohio Revised Code section 2305.10, you generally have two years to file a personal injury lawsuit in the state. The clock starts ticking on the date of your accident or when your injury was discovered. Filing a lawsuit too late could prevent you from recovering compensation.

Since certain factors can shorten or lengthen the time available for filing a lawsuit, consider speaking to a car accident attorney as soon as you can after your crash to protect your legal rights.

Most car accident claims are resolved out of court and are settled through negotiation with the at-fault driver’s insurance company. However, some insurers simply refuse to pay or fail to make an adequate offer covering the victim’s damages. When this happens, Morgan & Morgan’s determined attorneys are prepared to go all the way and fight tooth and nail for what you deserve. We don’t settle for less and can take your case to trial if necessary.

While seeking medical help and legal advice can be crucial steps after a car accident, there are some other things you can do to preserve your legal rights after a car accident, such as:  

• Collect contact details of witnesses
• Note down what happened
• Gather names, addresses, and insurance information from other involved drivers
• Take photographs of your injuries, the accident scene, and any damaged vehicles
• Report the accident to law enforcement
• Gather evidence of your losses, such as medical bills, receipts, and pay stubs 

If another driver caused your accident, filing a report and gathering evidence can be critical for preserving your legal rights to compensation. 

Handling the legal aspects of your back injury claim can feel exhausting and frustrating. However, you do not have to do this on your own. Morgan & Morgan’s determined and compassionate attorneys can be here for you every step of the way. We can help you with all aspects of your claim, including but not limited to:

• Help you get medical help for your back pain
• Assess your claim to determine whether you have a legal case
• Walk you through your options for recovering compensation
• Identify all those responsible for your accident
• Collect, organize, and present evidence to prove your claim
• Calculate your damages
• Negotiate aggressively with insurance companies
• Fight for maximum compensation

When we take your case, you don’t pay a dime unless we recover compensation for you. 

Get in touch if you suffer from back pain after a car accident. Our Cincinnati attorneys are on standby, waiting to hear from you. Contact us now for a free and confidential case review to determine whether you have a legal claim and qualify for damages.