Severe Back Pain Lawsuits
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Severe Back Pain Lawsuits
Severe back pain can occur in the top, entire, or lower back. Symptoms and signs of severe back pain may include stabbing or shooting pain. Severe pain can even radiate down the individual’s leg. The pain may also limit a person’s range-of-motion or flexibility in the back. Whether a person can sue someone for their severe back pain depends on the circumstance surrounding the injury.
Can I Sue If My Severe Back Pain Occurred at Work?
It depends. A back injury that occurs at work usually falls under worker’s compensation’s jurisdiction. Workers’ compensation provides money and medical treatment compensation for an injury that occurs on the job. In exchange for receiving benefits from workers’ compensation, the employee cannot sue their employer for personal injury. In other words, if the person’s back pain was incurred while at work, they cannot sue for their back pain.
However, a person who is not covered by workers’ compensation, such as independent contractors and volunteers, may be able to sue for back pain injuries.
Can I Sue If My Pain Was Caused by a Car Accident?
Yes. Back pain is a common result of a car accident, and grounds for a car accident lawsuit. A car accident lawsuit is considered a negligence claim.
What If I Was Injured on Someone’s Property?
An individual who suffers a slip and fall accident or some type of accident that causes lower back pain on another’s property can sue the property owner. This type of claim is often based on the property owner’s negligence in failing to maintain their property. To be successful in this sort of claim, the victim must prove certain elements for negligence.
What Are the Elements of a Negligence Lawsuit?
Negligence is the failure to use care an ordinary person would under the same or similar circumstances as the defendant. For a plaintiff to be successful, or win their lawsuit, they need to prove:
- Duty: The defendant owed the plaintiff a duty of care. This refers to not harming the plaintiff, such as causing a back injury or creating a slip-and-fall environment.
- Breach of Duty: The defendant violated the duty of care by causing an accident.
- Cause: The defendant was the cause of the accident that resulted in the plaintiff’s back injury.
- Damages: The defendant’s actions put the plaintiff in a position of needing damages.
Should I Talk to a Lawyer about a Personal Injury Lawsuit?
Yes, it is in your best interest to talk to a personal injury attorney about your severe back pain. The attorney will answer any questions and file a lawsuit on your behalf.
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Last Modified: 10-03-2016 09:19 PM PDT
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