Seeking Compensation For Your Florida Back Injury
Back injuries can be anything from an inconvenience to a tragedy. If yours has been caused by someone else’s negligence, it can feel even more unfair. However, negligence does mean that you can usually seek compensation from the person who allegedly caused your injuries. A knowledgeable attorney can help to answer any questions you may have about the legal process for getting your medical bills covered.
Causes & Effects
Most back injuries qualify as soft tissue injuries, meaning that the issue is usually not with the bones, but with the tendons, ligaments, and nerves. Sprains, strains, and whiplash are some of the most common types of soft tissue injuries, and while some of them heal on their own given time, some can lead to long-term issues. While soft tissue injuries are much more common, it is still possible to crack or break vertebrae, or sustain a more significant spinal injury that can lead to long-term disability.
The most common cause of back injuries is motor vehicle accidents, particularly rear-end collisions. Motor vehicle collisions, even relatively slow ones, direct an extraordinary amount of energy toward a fairly concentrated area, and can have long-lasting effects. Other common causes include slip and fall accidents, medical malpractice, falls, and product liability (defective exercise equipment, pools, or furniture, among other types).
Filing Suit & Recovery
If you are in a position where you are able to file suit against the person whose negligence allegedly caused your back injury, know that it can be difficult to make such a claim stick without hard evidence. There are certain criteria that must be established in order to hold a defendant liable: namely, establishing that a duty of care existed between defendant and plaintiff, and that your injuries were directly caused by the defendant’s actions breaching that duty of care. If someone has a duty to exercise reasonable care, negligence happens when they breach it.
Be advised that under Florida law, even if you are held to be partially responsible for your own injuries by a judge or jury, you should still be able to recover something for your medical expenses and pain and suffering. Florida follows a doctrine known as pure comparative negligence, which means that a plaintiff can recover for their injuries minus their own percentage of fault. For example, if you are ruled to have been 20 percent at fault, you may still be able to recover 80 percent of your damages if the defendant is held liable.
Contact A Winter Park Back Injury Attorney
Back injuries should never be taken lightly, even if they may look inconsequential at first glance. If you have sustained a back injury due to the negligence of another person, contacting a Winter Park personal injury attorney from the Hornsby Law Group may help you to understand your options going forward, and give you the information you need to make the best choice. Call our offices today at (407) 499-8887 for a free consultation.