Can I Receive Settlement for My Back Injury? (I Don’t Need Surgery)
If you were injured in an accident or hurt your back at work, you may have experienced a sprain or a pinched nerve, resulting in considerable pain. It’s common to question whether you can file a claim, especially if your injury did not require surgery.
Back pain can overwhelm even simple tasks as you go about your daily life. Activities like household chores or grocery shopping may become burdensome due to intense pain. This discomfort might necessitate visits to your doctor and physical therapy to help you regain a sense of normalcy. The pain can significantly impact your ability to work and lead to increased medical expenses.
Many individuals who have suffered back injuries due to someone else’s negligence face a challenging reality. It’s important to know that you can still file a claim and receive compensation for your back injury, even if surgery is not required. The experienced personal injury attorneys at Montagna Law can assist and guide you.
Types of Back Injuries That Do Not Need Surgery
Not all back injuries require surgery, especially initially. They may still require medical treatment. Examples include:
- Herniated discs
- Soft tissue injury
- Fractures
- Spinal cord injuries
- Upper neck injury
- Whiplash
Common Causes of Back Injuries
If you have a back injury, seek medical care, no matter the cause. A variety of conditions can cause back injuries related to personal injury cases, including:
- Car accidents
- Slip and fall accidents
- Sports injuries
- Workplace accidents
- Medical malpractice cases
- Animal attacks and dog bites
Jon Montagna
I have been fortunate to have been practicing law since 2000. Like many sons, I was greatly influenced by my father. Charles Montagna, or as his clients knew him, Chuck, was an attorney for an amazing fifty-ei…
Lance Jackson
Lance A. Jackson graduated Cum Laude with a Bachelor of Arts in Humanities at Hampden-Sydney College in 1983, before graduating from the College of William and Mary’s Marshall-Wythe School of Law in Williamsbu…
Can I Get a Settlement for a Back Injury Even if I Do Not Have Surgery?
A person with an injury may seek a back injury claim if they can show their injury relates to an accident caused by another party. The type of back pain, the severity, the implications on your health and well-being, and the development of chronic pain can also determine whether you can file a claim in a back injury case.
You must show that the other party that caused the accident was directly responsible for your injury. Proving negligence means indicating the other party:
- Owed you a duty of care
- Failed or breached that duty of care
- The breaching of that duty of care caused the accident
- The accident led to your back injury, including financial and physical injury
How Much is The Average Back Injury Settlement Amounts Without Surgery?
The average back injury settlement without surgery typically ranges from $2,500 to $10,000. However, it depends on numerous factors, including the severity of the injury, the type of treatment needed, the length of recovery, and the impact on your day-to-day life.
What Factors Influence the Settlement Value of a Back Injury Claim Without Surgery
The average settlement amount is dependent on various factors. Every case is vastly different, but some of the most common components of a fair settlement include:
- The severity of the injury with a serious back injury typically results in a higher settlement to pay for more advanced care
- Medical expenses, including the type of treatment you need even without back surgery, such as physical therapy or long-term rehabilitation
- Lost wages if you cannot work for some time and future earning capacity if you cannot go back to the same job
- Emotional distress, including the onset of post-traumatic stress disorder, anxiety, and depression
- Pain and suffering by accident victims, including impact on factors like loss of enjoyment of life or impact on quality of life
Evidence Useful When Pursuing a Settlement Without Surgery
Evidence is necessary when pursuing a claim from the insurance company. You must demonstrate through your personal injury claim that your pain and suffering, including both economic and non-economic losses, stem directly from the accident. The following steps may be helpful when gathering evidence as an injured party:
Medical Documentation and Expert Opinions
Medical records of lower back pain or new onset mobility loss can provide insight into your condition. Unlike severe injuries, you may not have a very clear indication of damage, such as broken bones. However, your case can be built by x-rays, other diagnostic tests, and records from each time you sought medical attention.
Rehabilitation and Therapy Options
Many people must seek rehabilitation and therapy even if they do not have severe injuries and damage. Physical therapy can help improve ligaments damaged from overstretching or a herniated disc, which may improve with rehabilitation to reduce inflammation. Use documentation from these appointments.
Alternative Treatments and Pain Management
Consider all types of care received to improve your symptoms. Document these if you sought help through a chiropractor, holistic provider, or pain management strategies. The cost may be a component of your personal injury claim.
Other Non-Surgical Treatments
If you continue to see pain and seek out other treatment options, document this. Document all how your pain or mobility changes impact your life. This may be a component of your claim.
Damages You Can Pursue in a Back Injury Claim in Virginia
Both economic and non-economic damages may be sought in your injury claim and later an injury lawsuit if necessary. This could include:
- Current medical bills
- Rehabilitation costs
- Future medical expenses
- Lost time at work
- Pain and suffering
- Emotional trauma
- Loss of quality of life
- Chronic pain
Steps to Pursue a Personal Injury Claim Following a Back Injury
After suffering a back injury, follow these steps. Doing so reduces the risk of not getting the care you need. It also helps build the strength of your case by demonstrating your losses and the implications of this incident.
- Get medical care first. Prioritize getting care as soon after the accident as possible.
- Document the incident. This includes taking photos or video of the surrounding area, your injuries, and any damage to property present.
- Obtain the name and contact information of witnesses and anyone involved in the accident. This helps your car accident lawyer build your accident case by verifying what occurred.
- Contact the at-fault party’s insurer to alert them of the claim against the insurance policy. However, do not file a claim until you speak to your attorney.
- Contact a personal injury lawyer. Do not wait to get the legal advice you need to pursue fair compensation for your accident.
How Can A Personal Injury Lawyer Help Me With My Case?
Having legal representation protects you throughout this process. An experienced personal injury lawyer will assist you in several ways.
- Provide you with insight into whether you have a case. They look at what happened to determine who is at fault.
- Build evidence that demonstrates your injuries and the negligence of the other party.
- Negotiate with the insurance company for the maximum payout possible.
- In cases of permanent disability, an attorney minimizes the risk that you will not be treated fairly by ensuring comprehensive and detailed evidence supports your claim.
Why Work With Montagna Law as Your Car Accident Attorney
At Montagna Law, we bring years of experience to every fight. We know how to win verdicts even when no alarming or apparent signs of injury exist. When you have pain, you want an advocate with experience. That is what you will find in our team.
Testimonials
“I had the opportunity to meet Anthony Montagna III recently. He was courteous, kind, and professional. As soon as the case started his client was put at ease because Attorney Montagna was in full control. His expertise was exceptional and the outcome could not have been better.”- Calrine W.
“I honestly had the best experience working with Katie Jones. She heard me out from day one and was always on top of everything! She made hard things for me easy, she was so kind and caring throughout the whole case and made me feel heard. I highly recommend working with this firm! Could not be more happy with how they treated me and my whole situation. Will always recommend!”- Logan A.
“Mr. Montagna is an amazing attorney. His legal expertise and dedication exceeded my expectations. Mr. Montagna provided clear, and insightful guidance throughout the entire legal process. His professionalism and accessibility are unmatched in his field. he was very prompt if I had any questions and kept me informed at every stage. I would highly recommend Mr. Montagna to anyone in need of legal representation.”- Tyler.
Additional Resources
- What Constitutes a Personal Injury Claim?: Find out more about personal injury law. Learn what you must do to prove another person caused your injuries.
- Understanding Virginia’s Deadline for Personal Injury Claims: You need to know the statute of limitations in Virginia. This is the timeline you must follow to file a claim.
- Examples of Virginia Pain and Suffering Settlements & Verdicts: Look at how our law firm has helped others. We have helped clients recover millions of dollars over the years.
- Should You Hire A Personal Injury Lawyer?: Find out the benefits of having legal representation in a matter like this. Learn what an attorney does for you.
We’ll Fight for the Compensation You Deserve
At Montagna Law, our legal team is always available to fight for you. Even if you think you cannot prove your back injury is severe, we want to hear about it. Call us at 757-622-8100 or use our online form to request help now.