Seeking Compensation for a Back Injury That Does Not Require Surgery


back injury settlement without surgery

Imagine that last week, you got into a car accident. Thankfully, the damage was not severe, but you sustained whiplash and minor soft tissue injuries. Your soft tissue injuries did not require surgery, but the prescriptions, physical therapy, and other medical expenses are piling up. You tried to file a claim, but the insurance company offered you a meager amount. The adjuster said that since you did not need surgery for your back injury, you do not qualify for a high settlement amount. You told them that your back injuries resulted in other significant costs, but they did not listen. Now you feel lost and helpless and are unsure how you will afford all your medical bills and other expenses. But you are not alone. Thankfully, you may be able to get a back injury settlement without surgery with the help of an injury lawyer.

How Can Surgery Affect Injury Settlement?

Sometimes even a simple visit to the doctor can be expensive. So if you require surgery for a back injury, you can imagine how costly that could be. If your serious injury was due to someone else’s negligence, you could recover compensation for all your medical bills related to the accident. This means you may be able to earn a high settlement amount to cover the cost of your surgery.

But what happens when car accidents cause a back injury that doesn’t require surgery?

Insurance adjusters will likely use this against you to avoid giving your fair compensation for injury claims. Since you did not need surgery, the insurance company may offer you a low settlement amount. This can be problematic as you likely have other expensive medical bills to pay even without surgery. It is essential to realize that you can seek compensation for medical costs other than surgery. An experienced personal injury attorney can help ensure you receive fair compensation in your injury settlement claim to cover your damages.

Other Damages You Can Recover for Your Back Injury Claim

While surgery is a significant cost for which you can seek compensation, there are other damages you can claim. For example, if you were taken to the hospital after your accident via ambulance, you can recover the cost of the ambulance and hospital bills. If your back injury requires special medical treatment, such as physical therapy or physiology appointments, you can also seek compensation for those costs. Depending on the severity of your back injury, you might suffer lost wages due to the accident. This is another form of economic damage you can recover that does not involve needing surgery. Record your economic damages so you can demand compensation for these losses when filing a claim. Finally, you can also recover non-economic damages, such as pain and suffering, emotional distress, or the loss of enjoyment of life in injury settlements. For instance, if your back injury causes chronic pain, you can seek compensation for lost quality of life.

How to Maximize Your Back Injury Settlement

If you are still concerned that you will not receive fair compensation because you did not get back surgery, follow these tips to maximize your injury settlement amount.

Collect Evidence

After the car accident, try to collect evidence, such as pictures and videos. Having proof of negligence or fault is a primary component of earning compensation. If you can prove the other driver was negligent, thus resulting in your back injury, then you have grounds for a settlement. You can show the insurance company your evidence, which can help increase the chances that they will provide you with fair compensation.

Seek Medical Attention

Even if your accident was minor, make sure that you seek medical attention. Adrenaline can mask your injury, so you might not realize you have a back injury until it is too late. Also, if you go to a doctor, they can record your back injuries and medical needs, which you can use to calculate your damages. You can use your medical records and bills to prove your back injury, allowing you to seek compensation for these expenses.

Do Not Take the First Offer

Another tip is to avoid taking the insurance company’s first offer. Typically, the adjuster will initially offer you a low settlement offer, which may not be enough to cover your damages. You can deny the offer and demand fair compensation. You can even refuse the second and subsequent offers until you are satisfied with the settlement amount.

Talk to an Attorney

Finally, one of the best ways to maximize your back injury settlement is to work with an experienced attorney. A personal injury lawyer will calculate your damages, collect evidence, and speak to the insurance company. Personal injury attorneys will also negotiate a higher settlement amount for you so that you receive enough compensation for your losses. If your attorney cannot resolve the settlement with the insurance company, they can help you file a lawsuit, and they will represent you in court.

Author Bio

Tim Miley is the Founder of Miley Legal Accident Injury Lawyers, a West Virginia personal injury law firm he formed in 2006. With more than 30 years of experience in personal injury law, he is dedicated to representing clients in a wide range of personal injury cases, including car accidents, trucking accidents, motorcycle accidents, brain injuries, wrongful death, and other personal injury matters.

Tim received his Juris Doctor from Duquesne University and is a member of the West Virginia State Bar and the Harrison County Bar Association. He has helped his clients win more than $10 million in personal injury verdicts and settlements and has further served the people of West Virginia by filling legislative roles in the state’s government since 2004.

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