Back Injury from a Car Accident: Everything you need to know

People often feel sore in one or more body parts following a collision. The most common sore body parts are neck and back. In our industry, back pain after a car accident is expected. It often accompanies neck and shoulder pain or hip pain.

Some people experience back pain that resolves after a short period of time, usually a few weeks. Unfortunately, other people suffer injuries that cause long-lasting pain, discomfort during or after simple activities, or even a complete inability to perform daily tasks. Back injury victims should discuss their injuries with a personal injury lawyer.

If left untreated, a back injury from a car accident can lead to chronic problems requiring ongoing therapy or even surgery. The effects of some car accidents can be bad enough to cause spinal injuries.

Back Injury Symptoms After a Car Accident

It is normal to feel sore everywhere after a car accident. The most debilitating pain our clients experience is back-related. Understanding why and what to expect can help you choose what to do next.

Back pain can radiate to many areas because your spinal cord, which runs down the middle of your neck, has networks of nerves that run through your back into other parts of your body. Back pain after a car accident may be caused by inflammation, fractures, or pinched nerves. As a result, you might experience the following after a car accident:

• Muscle spasms: Your muscle may repeatedly twitch, tighten up, feel like knot, or even lock up. This can cause a wide range of pain symptoms, from minor to severe, and can include sensitivity to touch.
• Burning pain: Burning discomfort tends to radiate from the neck to shoulder or low back to buttocks. It may be a gentle pain that goes away fast or a burning discomfort that lasts for days.
• Stiffness: You might not feel as loose and flexible after a car crash because your muscles tighten up as a defense mechanism to protect your internal organs. This immobility may decrease after stretching or persist throughout the day.
• Sharp pain: Sharp, stabbing pain tends to occur when switching positions, such as getting up in the morning or standing up after sitting for a time. The pain may fade quickly, but often is lingers for a while.
• Numbness or tingling: Numbness or tingling, like pins and needles, tends to occur when a nerve is pinched. This is especially common when muscles unnaturally tighten. The most common locations for numbness and tingling after a car accident are the hands and feet.

As a result of most of these pain symptoms, you will experience pain when walking or standing. In some cases, any physical activity will be painful. You might be able to tolerate the pain or discomfort during an activity, but you will experience throbbing or increased discomfort once you are done.

Is Someone Else Liable for My Back Injury?

When someone else’s negligent or reckless conduct causes your back injury, you have the right to hold them accountable. Negligence that might cause a crash includes:

• Failing to yield the right of way,
• Driving too fast for conditions,
• Running a red light or stop sign,
• Distracted driving,
• Aggressive driving,
• Driving under the influence of drugs or alcohol, and
• Drowsy driving.

Sometimes, more than one party will be liable for your back injury based on the legal principle of comparative fault. This means each negligent driver will be liable to you for their portion of fault. Legal professionals recommend having a car accident lawyer determine who is at fault for your back injury.

What Do I Do if I Think I Have a Back Injury

See a doctor as soon as possible. Some people shrug off a back injury as a normal part of life. After all, we all know someone who lives with back pain. However, if a car accident caused your back injury, you should never ignore it. You pain could be a symptom of a more serious issue.

Medical Treatment for a Back Injury

Sometimes, you might know something is wrong with your back immediately after a crash. Other times, you might not be sure if you have an injury because you only have a little soreness or stiffness. In either situation, seek medical attention as soon as possible—preferably right after the crash occurs.

Getting medical treatment right away is critical for two reasons: (1) your physical health, and (2) your legal rights.

First, the sooner you see a medical professional, the sooner you can get a diagnosis. With an injury diagnosis, the doctor will recommend a treatment plan that usually includes some form of conservative therapy or referral to an orthopedic specialist.

Immediate medical care can improve your overall prognosis and prevent complications. Medical treatment for back injuries may include:

• Further examination and evaluation,
• Imaging studies,
• Physical therapy or Chiropractic care,
• Heat/Cold therapy with stretching,
• Pain management,
• Surgery, or
• Rest.

Additionally, getting immediate medical attention will help your injury claim. It will establish your diagnoses right after your crash, identify the mechanism of injury, and determine the best course of care. Waiting for an evaluation can create questions about the timing and cause of your injuries. For example, insurance companies will deny your claim if you do not go to the doctor until several months after their crash; their theory is you must not have been injured in the crash, otherwise you would have gone to the doctor sooner.

Seek Legal Help For A Back Injury

We always recommend contacting an injury attorney soon after a crash. You should not delay because you want your attorney to have the freshest information available when evaluating your car accident and determining what happened. This will impact their decision on whether you have the right to seek compensation.

Consultations are always free with our back injury lawyers. We have seen back injuries from all types of accidents and routinely seek compensation for clients with back injuries. You can expect, early on, your lawyer will:

• Help determine your legal rights;
• Help you find the best doctors for your condition, if you don’t have one or can’t find one;
• Help you determine the best way to pay for your medical care while your insurance claim is pending;
• Identify your harms and losses, including wage loss;
• Identify all liable parties; and
• Gather evidence to prove your claim.

We handle the entire claims process, including communications and negotiations with insurance companies. This way you can focus on your medical treatment and getting better quicker.

What Kinds of Remedies Are Available in a Back Injury Lawsuit?

The civil justice system provides only one remedy for back injuries in car accidents: money. Either through settlement or jury verdict, your remedy will be in the form of money damages. When you suffer a back injury in a car accident, your personal injury lawyer will fight to get you compensation for:

• Medical expenses, including future treatment (i.e., some back injuries require ongoing care or periodic care for flare-ups),
• Pain, suffering, disability, and anxiety,
• Lost earnings, and
• Future loss of income (i.e., if the back injury reduces your ability to earn wages in the future).

Do I Need a Lawyer for My Back Injury Claim?

Probably. Back injury lawsuits after a car accident can be complicated, especially if there are multiple at-fault parties or multiple injury victims. Contacting an experienced can accident attorney is crucial to getting the maximum compensation you deserve. An experienced lawyer from Gage Mathers Law Group will also take your case to Court if a reasonable settlement cannot be reached.

About the Author

Joseph D'Aguanno

Guided by the belief that being a highly skilled specialist in a narrow field is better than being ordinary in everything, Joseph “JD” D’Aguanno leads Arizona’s best personal injury law firm in Phoenix, AZ. Having extensive cross-training in pre-litigation negotiations and trial lawyer skills, with decades of experience, JD strives to provide clients with the most valuable legal services a personal injury lawyer can provide. Under his direction, Gage Mathers Law Group is an award-winning personal injury law firm providing aggressive representation to victims of a car accident, medical malpractice, dog bite, motorcycle accident, and other injurious events. Gage Mathers is trusted by thousands of lawyers and clients throughout the country because of their reputation for getting clients the maximum compensation they deserve.

Years of experience: Over 23 years
Bar number: 020421
Location: Phoenix, AZ
JD’s Profile