A back injury can be a nagging experience. Our Maryland back injury lawyers accept new back injury cases every day. At Gelb & Gelb, P.C., we have handled back injury cases in Maryland since our founding in 1954. This is by far the most common type of injury we see. As you will soon see, you should be aware of countless causes of back injuries. No matter the cause of your injury, you can rest assured that our attorneys will leave no stone unturned in getting you the compensation you deserve. Unfortunately, recovering from these injuries physically can take several months of intensive physical therapy. Not only is that inconvenient, but it can be costly. This is why we get involved. We have helped thousands of plaintiffs through this complex legal maze to win compensation.
Whether in trial or via settlement, we understand what your case is worth and will not advise you to take anything less. A back injury can impose physical, emotional, and financial damages. Our experienced Maryland back injury lawyers aim to secure compensation for you. But more than that, we strive to restore your quality of life. We do this by ensuring you receive the best medical care. You should not be overly concerned with cost when you are not at fault for an accident. While you cannot simply “run up the tab” on the defendant, fearing a high medical bill should not inhibit you from receiving excellent medical care. Back injuries rarely go away on their own.
This is especially true if your injury is more significant. This page will guide you through the most common causes of back injuries you need to be aware of, your legal right to compensation for these injuries, and the role our back injury attorneys play in obtaining that compensation.
There are approximately 40 muscles in the back, distributed in pairs on both sides of the body. There is significant potential for short and long-term effects from a back injury, no matter the case. Back injuries are complex in that they are notoriously difficult to heal. The symptoms you may experience from a back injury are vast. Moreover, they can actually affect other parts of your body, stretching to various extremities like your legs, feet, or arms. It is often best to treat a back injury early and often to avoid longer-term complications. A back injury left untreated may persist for years. Worse, if you wait weeks or months after the original injury, you may lose the window where your damages are recoverable. For example, suppose you are in an auto accident.
In that instance, if you wait six weeks to begin treatment, a judge or jury may not believe that your medical treatment is related or that your injury is that serious. Defense counsel may argue that if your injury were actually as severe as you argue, you would have gone to the doctor or chiropractor sooner. Thus, at the very least, waiting significantly reduces the value of your claim. This may feel unfair, but a back injury is generally harder to prove. Unlike a fracture that shows up in an X-ray, back soreness relies on expert opinions and your own testimony. While sufficient to prove a claim, it is less compelling to a jury. Common symptoms we can present as evidence to a judge or jury include:
The medical treatment you require after a back injury depends on the nature and severity of your injury. For the vast majority of back injuries, physical therapy or chiropractic adjustments are effective at treating soreness. Physical therapy is the first line of defense against soreness. However, medical providers do have more advanced techniques to treat your injuries. Electrotherapy is an effective example. The electricity produces heat, which causes the muscles to relax. A medical provider may also refer you to pain management to alleviate soreness. This includes acupuncture, massage, biofeedback, laser, electrical nerve stimulation, and other nonsurgical spine treatments. Anything that relieves pain is worthwhile so long as your doctor recommends it.
Of course, soreness is not the only possibility after a serious accident. You may require surgery. Imaging studies such as X-rays, MRIs, or CT scans may be necessary to identify disc injuries, nerve impingement, or structural damage.
It can take a couple of days for soreness to set in after an accident. You may not even realize how serious your injury is until you go to the doctor and receive imaging. Come to find out if you have a broken vertebrae or some other significant injury. Thus, you should always go to the emergency room or at least urgent care to rule out the possibility of fractures or spinal cord involvement. Also, consider that adrenaline after an incident can mask your pain. As you likely know, adrenaline is your body’s “fight or flight” response. Adrenaline causes increasing heart rate, blood pressure, and blood sugar levels while dilating pupils and expanding air passages to maximize oxygen intake. The effect of this can be that your pain is masked, at least for the first day.
Before we discuss the many potential treatment options, understand that you should always rest your back and modify your physical activity to the extent possible. This reduces the chance of aggravating the back injury and minimizes inflammation. Another option to reduce pain is to take medication. If you go to the emergency room or urgent care after your accident, the treating physician may prescribe a stronger pain medication. If not, over-the-counter medication should be sufficient to reduce your pain and improve your mobility. Not only does this improve pain, but it can fight against inflammation. Besides these easier solutions, you may choose chiropractic care or osteopathic manipulation. These more aggressive forms of treatment form the basis of your case’s value.
If you do not seek structured medical treatment, the value of your case likely plummets. Moreover, a doctor or chiropractor may choose to provide epidural steroid injections or nerve blocks for more severe injuries. While this sounds expensive, your medical treatment is fully compensable so long as it is related to the accident, we can prove liability, and there is sufficient coverage.
There are countless causes of back injuries in Maryland. Of course, many of these are due to our own faults and are thus not compensable. On the other hand, several common causes of back injuries fall under the legal theory of negligence. We discuss three of the most common compensable back injuries below.
Whether it is a car accident, truck accident, motorcycle accident, or any other type of vehicle, back injuries are probably the most common type of injury you will see. In the more severe cases, an accident victim may ever suffer paralysis. No matter the severity of your injury, it is critical to speak to a Maryland back injury lawyer to discuss your options. Maryland is known for its busy roads. Whether it is the Capital Beltway, any busy street in Baltimore, or anywhere else in the state, tragedy can strike at any moment. The process of whiplash causes injury every day in Maryland. Naturally, this can cause serious injury to your neck. But it can also strain muscles in your back. This is why one of the most common treatments for a back injury after a vehicle accident is physical therapy and electrotherapy.
Unlike a vehicle accident where another party may be at fault, such is typically not the case for heavy lifting. You may be eligible for a worker’s compensation claim if you injure your back at work. However, that is actually distinct from a personal injury claim, and you should seek out a worker’s compensation attorney to help with a claim against your employer. However, if you injure your back while lifting a heavy object due to the negligence of a third party, it is crucial to speak to a Maryland back injury lawyer. You never know what your case is worth and whether you have the right to compensation. Fortunately, our attorneys offer free consultations to all potential clients.
Workplace accidents consistently result in back injuries within the vein of heavy lifting. Other types of workplace accidents that are common causes of back injuries in Maryland include icy sidewalks, wet floors, poorly maintained properties, or inadequate lighting. In many instances, you have the right to make a worker’s compensation claim, unlike a personal injury claim. While a worker’s compensation claim typically will not get you as much financial compensation as a personal injury settlement, it is often your only option against your employer.
Contact our Maryland back injury attorneys if you have a viable claim.
Sports and recreational activities constantly lead to back injuries in Maryland. However, many participants sign a waiver before engaging in the sport or activity. But note, if you are under 18 in Maryland, executing a waiver contract may only be legally enforceable if your parent also signed it. Moreover, these waivers do not cover all that they seek to cover. For example, if your coach is grossly negligent or acts intentionally to injure you, this can override any waiver that you may have signed, even if your parent also signed the waiver. Accordingly, contacting a Maryland back injury lawyer is critical to learn what options may be available to you.
Before we can discuss compensation for your back injury, we must be able to establish negligence by the defendant tortfeasor, whoever that may be. To do so, we must establish by a preponderance of the evidence that the tortfeasor breached some duty owed to you as a foreseeable plaintiff. They may breach that duty either by act or omission. If that breach is a legal cause of your back injury, you should be entitled to compensation, assuming other standard facts of your case. Then the question becomes, what compensation are you entitled to as a back injury victim?
Assuming the foregoing, you are entitled to compensation for medical expenses, past and future. Past medical expenses related to your injury are self-explanatory. However, any future medical expenses causally related to your injury are also worth noting. Although, we must calculate what those expenses are in advance. It is not as simple as an unlimited spigot of compensation you can turn on when you see fit. Instead, it is one settlement or judgment at trial.
Additionally, you are entitled to lost wages and loss of future earning capacity so long as your doctor excuses the time missed from work. Lastly, you are entitled to compensation for the pain and suffering of dealing with this injury. This is a subjective, intangible, noneconomic damage. However, it is legitimate. What it is worth will depend on the will of the jury and how sympathetic they are to your injury.
A Maryland back injury lawyer will do countless things to benefit your case. Here, we highlight some of the most notable benefits.
Gelb & Gelb has represented clients for back injuries in Maryland for over 70 years. In that time, we have heard every question imaginable. Here, we address those questions so you can proceed with certainty.
When evaluating whether you have a valid personal injury claim for a back injury, there are countless factors to consider. First, is the other party liable for your back injury? Generally, this is a negligence standard. While negligence has the same general rule, the reasonably prudent person standard, it does change depending on the context. Of course, even if you know the other party is at fault for your accident, you must be able to prove he acted negligently. This requires evidence. In many instances, there are no eyewitnesses besides you and the other party. This may require us to hire an expert witness to analyze how the incident occurred and testify in a deposition or at trial. This does increase your cost and is, therefore, a factor in whether or not to pursue your claim.
There are two figures to consider when answering this question. First, what is your case worth? Second, is there enough coverage to recover from? Focusing on the first question, we determine what your case is worth with a relatively simple formula. We consider your medical expenses, lost wages, and pain and suffering damages. Of course, we must prove each element of these damages. While medical expenses and lost wages are precise figures, we must still calculate and prove the future element. This can require expert testimony and can be expensive. For example, a back injury may prohibit you from working a labor-intensive job. As a consequence, you may resort to a lower-paying job.
Then, we must also predict and prove how long your back pain will plague you. If it is a permanent injury, can we prove that? What does a jury determine as the value? The second question is generally easier: Is there enough coverage to recover from? For example, if your back injury is worth $60,000, does the defendant have policy limits in excess of that amount? If so, you may be able to recover $60,000 for your injury. However, if the policy limits are $50,000, the most you may be able to recover is $50,000. Of course, there are sometimes workarounds to consider. Thus, it is best to consult with a back injury lawyer to discuss your options.
The statute of limitations for a personal injury claim in Maryland, including back injuries, is three years from the date of the accident. However, other statutes may apply, limiting the amount of time you have. For example, if it is a claim against a government municipality, you may have a far shorter period to at least place the defendant on notice of a claim. A one-year statute of limitations for a personal injury protection (PIP) claim may apply. A potential claimant will often read online that the statute of limitations for a personal injury claim is three years. However, you must be aware of other statutes that may apply to your unique case.
Call our office today to learn what other statutes may apply to your back injury case.
You never have to go to court. Even if you do hire an attorney and sign our retainer agreement to start your case, you would have to sign an additional form authorizing us to file a lawsuit on your behalf. Thus, even if we are unable to settle your case, you never have to go to court. It is always your decision. Having said that, you may choose to go to court if we cannot settle your case amicably. There are two reasons why this may happen. First, the defendant or their insurer may deny your claim outright. When this happens, we must go to trial to establish liability. The second reason litigation may be necessary to win your back injury claim is if the defendant will not offer a better settlement amount.
A back injury can alter the course of your life in many ways. Fortunately, our legal system recognizes this and enables a judge or jury to compensate you for this injury due to a third party’s negligent or intentional conduct.
The Maryland back injury lawyers at Gelb & Gelb can help you get the compensation you deserve. Call our office for a free consultation at (202) 331-7227.
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