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, sharp pains, dull aches, or even numbness. Severe back pain can sometimes radiate down the individual’s leg, through the neck and arms, or other areas.
The pain may also limit a person’s range-of-motion or flexibility in the back. Whether a person can sue for their severe back pain depends on the circumstance surrounding the injury. Back pain can be caused various causes, including:
- Motor vehicle accidents;
- Slip and fall incidents;
- Strikes or trauma to the back area (such as during a contact sport event);
- Lifting or straining too hard; and/or
- Various other causes.
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An individual who suffers a slip and fall accident or some type of accident that causes lower back pain on another’s property may be able to 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.
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 the duty keep the premises free of slip or trip hazards.
- 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 caused damages that can be measured and calculated.
Severe back pain can be a long-term condition that can limit a person’s ability to work or perform regular daily tasks. It may be in your best interest to talk to a personal injury attorney if you believe that you have a severe back pain legal issue. Your attorney can answer any questions and file a lawsuit on your behalf.