Suffering a back injury can be life-changing and deeply challenging. Beyond the mounting medical bills, lost wages, and ongoing pain, the consequences can disrupt every aspect of a victim’s life, often limiting their ability to engage in daily activities.
You can seek compensation if another individual’s negligence was the reason for your injury. However, you should understand the factors that would help in calculating the value of your back injury claim to secure fair compensation. Read on to find out what they are.
The Severity of the Injury
The severity of your injury has a major role to play in determining your case’s value. This is because back injuries can range from minor sprains to severe conditions such as herniated discs, spinal fractures, or paralysis.
Generally, more severe injuries can result in higher compensation because they lead to greater medical costs, longer recovery times, and a more significant impact on your life.
For minor injuries such as strains or soft tissue injuries, you may get lower settlements since such injuries often heal with minimal treatment.
For severe injuries that result in permanent damage, like spinal cord injuries or chronic pain, the value of the case is typically increased due to the extensive medical needs and long-term effects involved.
Medical Expenses
Medical costs are also a key factor in determining the value of your back injury claim. The compensation typically covers expenses such as:
- Emergency room visits
- Hospital stays
- Physical therapy
- Medication
- Surgeries
- Future medical treatments
It is important to keep a detailed record of all your medical bills and treatment-related expenses. This is because if your injury requires ongoing care, the projected costs of future treatments will also be considered in your claim.
Lost Wages and Loss of Earning Capacity
If you are unable to work due to your back injury, you may recover damages for lost wages. This includes:
- Missed Work: This refers to the income that you lost during your recovery period.
- Reduced Earning Capacity: If the injury has an impact on your ability to perform your job (such as the ability to lift, bend, or stand for long periods) or forces you to take a lower-paying role, you may be entitled to compensation for future income loss.
Pain and Suffering
The compensation for pain and suffering addresses the intangible aspects of the back injury, like the physical pain caused and the emotional difficulties the victim has to go through. It’s quite challenging to assign a monetary value to these non-economic damages.
The factors considered include
- The severity of the pain
- The duration of suffering
- The impact on your quality of life
Generally, if you suffer from chronic pain or have limited mobility as a result of the back injury, you may get a higher compensation.
Also, psychological effects, like depression or anxiety caused by the injury, may also increase your claim’s value.
Impact on Daily Life
If your back injury disrupts your ability to carry out daily activities, this can also influence your case’s worth. For instance, if your back injury prevents you from caring for your children, enjoying hobbies, or maintaining your household.
It may warrant additional compensation. All you need to do is to document how the injury has impacted your life and use it to strengthen your case.
Other Determinants in the Worth of Your Back Injury Case
- Liability and negligence
- Insurance policy limits
- Legal representation
Conclusion
The worth of your back injury case depends on multiple factors, including the severity of your injury. Understanding the factors involved in estimating compensation and the assistance of an experienced lawyer improves your chances of a successful back injury claim.
