Lower back injuries involve injury or trauma to the lower lumbar region of the body. This is the area that is largely responsible for lifting and bending movements. Thus, lower back injuries are commonly linked to activities such as heavy lifting, constant bending, or standing for prolonged periods of time.
Often times, back injuries in general may happen in conjunction with other injuries such shoulder injuries. They may also occur along with head, neck and spine injuries (as in a car accident injury).
- What Are Some Common Lower Back Injury Causes?
- What Type of Evidence is Used in a Lower Back Injury Lawsuit?
- What Will I Need to Prove to Win a Medical Malpractice Claim in a Lower Back Injury Lawsuit?
- What Types of Remedies are Available in a Lower Back Injury Lawsuit?
- Do I Need a Lawyer for Help With Lower Back Injury Claims?
Some sort of physical blow or trauma to the back area causes many lower back injuries. They can often be the result of some type of accident such as:
- Slip and fall accidents
- Automobile accidents
- Sports injuries
- Holiday accidents
- Failed back surgery
- Criminal incidents, such as those sustained by a victim of assault and battery
Lower back injury lawsuits are commonly based on a negligence theory. This is especially common for cases involving accidents, such as slip and fall cases, botched back surgery, or car accidents. In such cases, the evidence would need to prove that the defendant owed a duty of care to the plaintiff, and that their breach of this duty caused the person’s lower back injuries.
Evidence might be presented in the form of documents, such as hospital statements and bills, police records, and wage stubs. Other evidence might be considered, such as photos or video of the event(s) leading to the injury, and witness statements.
Many lower back injury lawsuits are filed worker’s compensation claims, especially if the injury was due to a job-related repetitive stress injury. In such cases, additional evidence may be needed to prove whether or not an employer may be held liable. Liability is more likely to be found if the employer knew about risks to the employer’s lower back, but did not take steps to prevent the injuries from happening.
A plaintiff suing for medical malpractice for a botched lower back injury surgery must prove:
- The surgeon owed the patient a duty to protect them from unnecessary harm related to the surgery
- The surgeon violated that duty before, during, or after the back surgery
- The surgeon’s violation of that duty was both the proximate and actual cause of the injury
- The plaintiff suffered quantifiable damages, such as needing additional surgery or increased recovery time
Lower back injuries are typically remedied in court through a monetary damages award. A person who has suffered lower back injuries may be able to recover the following costs:
- Medical costs, including hospital bills and payment for pain medications
- Pain and suffering
- Lost wages, if the lower back injury has resulted in an inability to work
- Future loss of income, if the back injury has reduced the person’s ability to earn wages in the future
- Additional costs- many back injuries require ongoing rehabilitation, such as physical therapy or chiropractic treatment. The injured party may be able to recover these costs as well
In some criminal cases, punitive damages may be available if the back injuries were caused with a criminal intent to harm the victim.
Infant injuries lawsuits can be a complicated process and speaking to a experienced personal injury lawyer is extremely important to recover the damages that you deserve. An experienced personal injury attorney can also assist in getting settlement with the defendant or health care provider if the claim does not reach court.