Back injuries are a common element in personal injury claims. Whether you\u2019re in a car accident, injured on the job, or slip and fall on someone\u2019s property, it\u2019s easy to suffer a strain, sprain, or herniated disc. Serious injuries involving a spinal cord injury are even worse, as they often involve long-term disability.<\/p>\n
If you\u2019ve injured your back in an accident, your first priority should be to seek immediate medical attention. Focus on your health, not the pending lawsuit. When you\u2019re ready, an experienced personal injury attorney will help you obtain compensation for your injuries, losses, and damages.\u00a0<\/span><\/p>\n When you find a personal injury attorney and sign a contract to retain their services, one of the first things your attorney will do is calculate your compensable damages. Depending on your case, that will likely be a combination of general (non-economic) and economic (special) damages.<\/p>\n Often referred to as non-economic damages, general damages should compensate you for non-monetary losses resulting from your back injury. It\u2019s tough to put a dollar value on these damages because there usually isn\u2019t a hospital bill or lost paycheck that you can refer to, but they\u2019re still an important part of your settlement.<\/p>\n Examples of general damages included in a back injury settlement include:<\/p>\n To compensate a victim for the psychological toll of their injury and recovery, some personal injury cases included emotional distress damages. Emotional distress often manifests in conditions such as anxiety, insomnia, fear, depression, humiliation, and panic attacks.<\/p>\n To account for physical suffering and mental anguish, insurance companies often apply a pain multiplier to economic damages (medical bills, lost wages, etc.). Minor cases often use a multiplier between 1.5 to 5, while serious injuries may result in a much higher multiplier.<\/p>\n It\u2019s safe to say the average pain and suffering settlement is usually between 2x to 10x the economic damages.<\/p>\n In serious cases where the victim\u2019s back injury results in life-changing circumstances (e.g. paralysis or disability), the victim\u2019s family often suffers. Whether it\u2019s a spouse who cannot enjoy an intimate relationship or children who can no longer play with their parent, such losses are directly attributable to the back injury that changed their lives.<\/p>\n When these elements are present in a personal injury case, the victim\u2019s general damages may include compensation for these family members. The affected families members also have the right to file a separate lawsuit for loss of consortium damages.<\/p>\n Sometimes referred to as special damages, economic damages are based on concrete figures like bills, lost paychecks, and missed opportunities. In short, money that the victim owes, money that they lost, and potentially money that they will miss out on down the road.<\/p>\n In most cases, the value of past and future medical bills makes up the lion\u2019s share of economic damages. This includes ambulance bills, hospital stays, surgeries, doctor\u2019s visits, rehabilitation, physical therapy, chiropractic care, and more.<\/p>\n If your back injury is likely to result in future surgeries or medical care, these anticipated costs should be included, too.<\/p>\n Keep in mind, however, that your health insurance is primarily responsible for your medical bills. The responsible party\u2019s insurance company is only on the hook for your portion of the bills, after your insurance pays their portion.<\/p>\n That includes the value of your deductible, co-insurance payments, and anything that\u2019s not covered by your insurance (e.g. some insurance policies don\u2019t cover emergency transportation by helicopter).<\/p>\n Lost income and wages also plays a role in calculating your economic damages. It\u2019s easy to calculate how much income you\u2019ve lost by missing work, but it can get a little tricky when your future earning capacity is impacted by your injury.<\/p>\n For example, if you work in a position where heavy lifting is required yet your back injury prevents you from doing so, it\u2019s safe to say your career trajectory has fundamentally changed. Whether you have to find a new position at the company or a new career field entirely, your economic damages should include compensation for future lost income.<\/p>\n While workplace injuries do fall under the scope of personal injury claims, they\u2019re a little different than car accidents and slip & fall accidents. When you injure your back at work (the most common workplace injury, by the way), you\u2019ll most likely receive compensation from your employer\u2019s Workers Compensation Insurance<\/a> (Workers Comp).<\/p>\n In Arizona, employers are required by law to carry Workers Compensation insurance for their employees. Furthermore, Arizona law operates under a \u201cno fault\u201d system where the employee is entitled to benefits regardless of who is ultimately responsible for the injury. An employee who is injured due to an employer\u2019s negligence is just as entitled to benefits as an employee who negligently injures themselves.\u00a0<\/span><\/p>\n Generally speaking, Workers Compensation insurance covers four things:<\/p>\n On the surface it sounds like Workers Comp settlements for a back injury should be easier than suing a private insurance company, but that\u2019s not always the case. Unfortunately, Workers Comp cases often take longer than the average personal injury case.<\/p>\n Sometimes the extended wait is due to a state-run Workers Comp program that\u2019s simply overburdened by cases. Other times it\u2019s because your employer is putting up a fight. There isn\u2019t much you can do to grease the wheels of an overburdened system, but when you\u2019re up against an employer who refuses to pay you the compensation you deserve, you\u2019ll need an experienced attorney in your corner.<\/p>\n If your Workers Compensation insurance plan doesn\u2019t adequately compensate you for your injuries and losses, you have the right to sue your employer directly for damages.<\/p>\n Personal injury attorney, Jared E. Everton, and the JacksonWhite personal injury team<\/a> are dedicated to protecting Arizona accident victims.Whether you hurt your back in a car accident, slip and fall accident, or while you were on the job, the best way to get the most out of your back injury settlement in Arizona is to work with an knowledgeable, experienced attorney that will fight for fair compensation for you and your family. Fill out the form below to get your consultation and discuss your best legal options.<\/p>\n <\/p> Calculating a Back Injury Settlement<\/h4>\n
General Damages<\/h4>\n
Emotional Distress<\/h4>\n
Pain and Suffering<\/h4>\n
Loss of Consortium<\/h4>\n
Economic Damages<\/h4>\n
Workers Compensation Settlements<\/h4>\n
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Receive Help With You Back Injury Settlement in Arizona<\/h4>\n
\nCall our Personal Injury team at (480) 467-4392<\/a> to discuss your case today.<\/p>\nSchedule Your Free Consultation<\/strong><\/h3>\n
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