Like so many personal injuries, a back injury caused by a slip and fall can have lasting impact on many areas of your life. As the literal backbone of our bodies, it’s hard to do anything at all without involving the back in some way.
To understand back pain and its symptoms, you first have to understand the different types of back injury:
Ligament or muscular injuries may be among the easiest back injuries to recover from but that does not mean that this pain is mild. If you’ve injured your ligaments or the muscles around the spine, you may experience spasms or cramps that make it difficult to move around at all. Sprains and strains of this nature may benefit from the application of heat and cold as well as rest. Deep tissue massage could also help you recover more quickly.
Disc injuries are notoriously painful injuries. The soft discs between the vertebrae are not intended to be exposed, so if they slip out from this protective casing, any movement may be excruciating. Disc injuries require a lot of rest, which means that muscles may decondition to an extent requiring physiotherapy.
Fractures to the spine can be debilitating and come with potentially life-changing consequences. If the spinal column is injured in a particular place, it can impact the spinal cord. This incredibly sensitive part of the body is protected by the vertebrae as it is so fundamental to our functioning. If it is injured, symptoms may range from a change of sensation, such as tingling, to permanent paralysis below the point of injury.
Spinal dislocations involve one or more parts of the spine moving from their usual location. The spine is home to so many important parts of the nervous system and these are incredibly easy to seriously injure. This means that it’s much more difficult to relocate a spine than, for example, a shoulder.
Nerve compression could be a symptom of a back injury or an injury in its own right. Any shift in the spine, such as a dislocation or even the pressure caused by a muscular injury, can compress a nerve. The symptoms of this may include tingling, numbness and strange sensations such as hot or cold.
If you’ve suffered any of these back injuries or other symptoms as a result of a slip and fall, you may have a personal injury case. Get in touch with our expert team of slip and fall lawyers near you in California, and let’s work together to get you the best possible outcome for your case.
Back Injury FAQ’s
1. Can I file a lawsuit for a back injury sustained from a slip and fall accident in California?
Yes, you can. In California, if your back injury was caused by someone else’s negligence, such as a property owner failing to maintain safe conditions, you have the right to pursue compensation through a personal injury lawsuit. This is applicable whether the injury occurred on private, public, or commercial property.
2. How is the settlement amount determined for back injuries in California?
The settlement amount for back injuries in California is determined by several factors:
- Severity of the Injury: More severe injuries, like spinal fractures or herniated discs, generally warrant higher settlements.
- Medical Expenses: This includes past, current, and anticipated future medical bills related to the injury.
- Lost Wages: Compensation for the time you were unable to work due to the injury.
- Pain and Suffering: Compensation for physical pain and emotional distress.
- Limitation of Activities: If the injury impacts your quality of life or hinders daily activities.
- Comparative Negligence: If you are found to be partially at fault for the incident, your settlement might be reduced proportionally.
3. How long do I have to file a lawsuit for a back injury in California?
In California, the statute of limitations for personal injury claims, including back injuries from slip and fall accidents, is generally two years from the date of the injury. Filing after this period may result in your case being dismissed, barring certain exceptions.
4. Can pre-existing back conditions affect my slip and fall back injury claim in California?
Yes, they can. If you had a pre-existing back condition before the slip and fall incident, the defendant might argue that your current pain or injury was not solely caused by the fall. However, under the “eggshell plaintiff” rule, if the fall aggravated or worsened your pre-existing condition, you are still entitled to compensation. It’s crucial to have clear medical documentation detailing the injury’s progression.
5. Should I consult an attorney for a back injury claim in California?
Absolutely. Given the complexities of personal injury law and the nuances of back injuries, it’s beneficial to work with an experienced attorney. They can guide you through the legal process, gather necessary evidence, and advocate for a fair settlement on your behalf. Moreover, an attorney can help distinguish the impact of a new injury from a pre-existing condition.