The Value of a Back Injury Claim

Two doctors and an x-ray  Long Beach Accident Attorney

Our Long Beach accident attorney understands that back injuries are often very serious injuries that create major discomfort and pain as well as reduce individual mobility. Many times a back injury even results in paralysis on some level, which will usually render the injured victim permanently disabled. The value of a back injury claim can actually depend on many factors surrounding how the injury occurred, including repetitive motion activity that has accrued over a long period of time if the injury is related to employment. Accidents occur in a variety of ways, and the severity of a back injury is often questioned by the respondent party. Having an experienced and effective Long Beach injury attorney is vital when a back injury will impair your mobility and ability to earn a living after the injury because calculating the value of the claim can be a contentious process when the case is being defended vigorously.

Economic Compensatory Damages

Recovery of losses that can be quantified usually fall in one of several distinct areas. These are termed as financial loss compensatory damages and are supported by documentation such as medical bills and income statements, but can also include expenses to and from medical treatment or replacement of a damaged vehicle and providing a rental vehicle until payment. Negligent respondents who violate reasonable responsibility to a duty of care to the plaintiff will be required to cover these particular damages in every case. These damages are limited to specific dollar amounts, but there are several areas that may apply. Our Long Beach accident attorney Russell & Lazarus knows that all cases are unique in some fashion, and that the value of a back injury claim can often vary depending on the age or income level of the injured victim, among other measurable expenses such as future need for medical treatment. Respondents regularly ask for a release from future medical coverage, and your Russell & Lazarus Long Beach injury attorney knows how to use this to impact a settlement.

Non-economic Compensatory Damages

A Long Beach injury attorney from Russell & Lazarus APC also understands that in situations where there is more than one negligent party, the value of the claim will also be greatly enhanced, especially if it is a product liability issue. Manufacturers are held to strict liability, which means that proving negligence is not necessary when the product has already been identified as defective or can be proven to be a major component of accident causation. This can also occur in major commercial truck accidents or pile up crashes on a highway, but can also often be a component of other accidents as well. These damages allow your Long Beach accident attorney to file for damages regarding pain and suffering, including for injuries that may last a lifetime. The age of the back injury victim can also enhance the value of a claim if they are very young, and the back injury damage will last throughout their life. Calculating pain and suffering damages can be complicated and argued intensely by the negligent defendant, and having an experienced accident attorney can make a significant difference in the value of a back injury claim.

Loss of Consortium

Loss of consortium can often be included in a back injury claim when the injured victim cannot function properly within their family unit. This is not to be confused with the legal standing the family may have as a result of the accident, especially including the victim’s spouse. Most loss of consortium claims are filed as separate claims, depending on state law, and can increase the total value that a back injury can have with respect to the victim’s entire family. Our Long Beach accident attorney can represent loss of consortium for the entire family as well representing the primary back injury victim. In addition, loss of consortium claims can be filed against all negligent parties when there are multiple respondents in a back injury case.

Claim Value Reduction by Contributory or Comparative Negligence

Comparative or contributory negligence is the determination of how much responsibility the plaintiff has in the causation of an accident. This decision can also include reasonable assumption of risk on the part of the back injury victim. The lower the level of plaintiff involvement in accident cause, the higher the value of the claim will be with respect to making the victim whole after settlement negotiation or a case filing. This situation depends largely on the location of the accident or the state of residency. Pure contributory negligence is practiced in several states and can completely vindicate the respondent when the plaintiff is largely involved. Comparative negligence theory only reduces the claim value to the extent in which the victim is responsible, and it is usually gauged in percentage.

Punitive Damages

Punitive damage possibility can often be used by a Long Beach injury attorney as leverage when negotiating a settlement with the respondent parties, but will normally require taking the claim to a full civil jury trial with a punitive damage assignment by the jury. That punitive damage assignment can then be modified by the court according to state law. Some states limit punitive damage awards severely. This is another reason to have an accident attorney with a strong track record of representing their clients completely through a trial.

Contact a Long Beach Accident Attorney

Having the right attorney for the right claim can make a major difference in the value of your back injury settlement. Anyone who has a back injury that will impact their quality of life should contact Russell & Lazarus APC at (949) 851-0222 and let them evaluate your back injury claim for a full maximum value.


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