Southlake Neck and Back Injury Lawyer
The pain from neck and back injuries is almost always impossible to escape, whether you are standing, lying down, or sitting in a comfortable chair. A rear-end car crash is the most common cause of neck and back injuries. The sudden impact from behind can be catastrophic, forcing your head to snap back and forth—also known as whiplash—and causing you to sprain your back muscles and hurt your spine.
If you are in an accident, there are two essential reasons to get medical treatment as soon as possible. First, you may not know you are seriously injured since swelling may take up to 24 hours to indicate trauma, which could worsen without immediate treatment. Second, the treating physician’s report could be solid evidence if you decide to sue the at-fault person. Once your condition is stable, contact a Southlake neck and back injury lawyer to discuss how we could help you get compensation for your physical, financial, and emotional losses.
Symptoms of Neck and Back Injuries
Delaying treatment could lead to chronic pain and other ongoing medical problems. Some common symptoms of neck and back injuries are:
- Pulsing pain in limbs
- Loss of the full range of mobility
- Shooting neck or back pain or stiffness
- Compromised bowel or bladder control
- Difficulty concentrating or remembering
- Dizziness, fatigue, headaches, and grouchiness
Injured persons will likely have to pay to treat the cause of these symptoms unless a skilled legal professional is there to hold the perpetrator responsible. A Southlake neck and back injury attorney could scrutinize the evidence in each case and use it for leverage while negotiating an insurance settlement or litigating against a negligent party.
The Role of Negligence
Most personal injury cases are based on negligence, though some involve intentional acts. Negligence occurs when a person falls below societal standards in a situation, such as driving while intoxicated, causing an accident because of unreasonable behavior, and foreseeably injuring someone else. A Southlake lawyer could evaluate whether the circumstances surrounding a neck and back injury case meet the legal criteria for negligence.
The Texas 51 Percent Rule
Texas subscribes to the modified comparative negligence rule, codified under the Texas Civil Practice and Remedies Code § 33.001. Known as proportionate responsibility, a plaintiff suing a defendant in a personal injury action cannot exceed 50 percent of the blame after the court assigns the percentage of fault to the parties. In legal circles, this is known as the 51 percent rule.
A plaintiff who bears some responsibility for an accident will receive a damages award reduced by their percentage of fault. For instance, if a defendant rear-ends a plaintiff, causing severe neck injuries, but the plaintiff hit the brakes suddenly and for no reason, the court could assign 80 percent of the blame to the defendant and 20 percent to the plaintiff. The plaintiff’s 20 percent fault would reduce a damages award of $300,000 to $240,000. If the plaintiff is assigned 51 percent or more of the blame, they cannot collect any damages. Knowledgeable Southlake neck and back injury attorneys could provide a full understanding of the 51 percent rule.
Get In Touch With a Southlake Neck and Back Injury Attorney Today
Injurious accidents often remind us of how fragile human bodies are. Some incidents could leave you with medical challenges and chronic pain that will require ongoing treatment for years to come. You will face the burden of paying for your treatment, rehabilitation, lost wages, and any psychological damage if you are disfigured, distressed, or traumatized emotionally.
A Southlake neck and back injury lawyer strives to get you compensated fairly in the pursuit of justice. Call today to discuss your potential claim.