How to Determine Back Injury Claim Compensation

If you get into an accident, one of the major concerns you may have is who is going to pay for all the costs that you are likely to incur. Those costs will be dictated by the nature of the injuries you have, and the responsibility for payment will be dictated both based on where you live and based on who was responsible for your accident. For example, if you have suffered a back injury, determining the back injury compensation you may be entitled to will require you to consider the legal rules surrounding your injury as well as the actual costs you've incurred.

Determining Back Injury Compensation

The first step to determining back injury compensation is to know who is going to be paying the bills. There are a few possible options:

  • If you live in a no fault state and your injury wasn't "serious" under the applicable definition in your state, then your back injury compensation is going to come from your insurance coverage, no matter who caused the accident. The payment will come from your personal injury protection (PIP) and will be limited only to medical bills you and lost wages if your back injury necessitated that you take time off of work
  • If you live in a no fault state and your injury was "serious" under the applicable laws, then you can collect damages from another party if he or she was at fault. These damages can include pain and suffering and emotional distress if you endured either
  • If you live in a fault state, then you may collect back injury compensation from the other party involved in the accident if he or she was at fault. This compensation may be obtained by accepting an offer to settle out of court, if the other party or his or her insurance company offers you a settlement. If no settlement is offered or accepted, the compensation can be determined by going to court. In court, the jury or judge will assess your back injury compensation by looking at your medical bills, lost wages, pain and suffering and emotional distress
  • If you live in a fault state and you were at fault, you may not receive any back injury compensation. In some instances, if you were partially at fault, you can still collect a portion of your damages from the other party however. Depending on where you live, you may be able to collect even a very small percentage of damages (a few percent, for example) if the other party was a little bit at fault. In other states, you can sue and collect damages only if the other party was more than 50 percent responsible. 

To get help understanding which of these scenarios applies to you, you'll need to have your case reviewed by an experienced lawyer who specializes in accident cases. 

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