Back, neck and spinal injuries can cause extreme agony leading to disability. In cases where a person gets injured in the back due to negligence or recklessness of another party, this individual may claim damages. They could get compensation for the damages caused to them due to this injury which will include their medical bills or non-monetary losses like lost quality of life. On the other hand, it can be rather difficult to recover for a back injury. In order to do this, you and your lawyer will need to establish several elements.
Is My Back Injury Lawsuit Valid?
A personal injury lawsuit is brought in order to seek monetary compensation for an injured person. It could be a business such as restaurant, retail store an individual person like negligent driver or even governmental entity for instance city. Insurance companies do usually assume the liability for damages.
There are four main components in any personal injury case based on negligence:
- Duty – The party had a legal duty or obligation to the injured person. For instance, a condo complex has an obligation of maintaining the property in condition that is reasonably safe. A retailer has the obligation to ensure that unjustified slipping and falls are not found in his shop. The trucking company has a responsibility to maintain the brakes of its trucks in proper working order.
- Break of duty – The party breached the obligation. The plaintiff must show that the defendant did not act with “reasonable care” to maintain or fulfill its responsibility.
- Causation – One indispensable element of most back injury claims is proving that the defendant’s conduct caused plaintiff ‘s back injury. The defendant would claim that the back injury was a preexisting one or had nothing to do with plaintiff’s actions. Doctors and medical experts’ testimony is frequently provided to confirm the causation of an event that resulted from the defendant’s conduct or inaction, causing damage to a plaintiff.
- Damages – Proving that the defendant’s act caused injuries on the plaintiff is not sufficient. You also need to demonstrate that the injuries caused damages. Back injury claims normally include losses on past and future medical bills incurred by the victims after imagining tests, hospitalization, or undergoing physical therapy. The injured party may also get compensated for loss of wages and income earning capacity. Non- economic damages, such as the victim’s physical torture and psychological suffering can also be compensated.
Most personal injury claims involve an allegation of negligence. Nevertheless, there are instances where a party is deemed negligent. If the party’s actions were unlawful, you would not need to demonstrate causation by proving duty and breach of that duty in order to get compensation. For instance, if an intoxicated truck driver was involved in a collision with another car when his or her blood alcohol level exceeded set legal limits such individual may be automatically liable for negligence.
Call A Personal Injury Lawyer in Providence, RI
In case you or a relative got an injury on the back, call us at Law Office of Mark B. Morse, LLC, because you need to speak with Personal Injury Lawyer in Providence, RI who can help understand your rights and learn about whether you are eligible for damages compensation under law in this matter Call us now for a free consultation with no obligation.