Should a person experience a back injury resulting from the irresponsibility of an individual or entity, the law permits them to seek compensation. They will need to prove the underlying accident conditions responsible for the injuries were caused by negligence. The back injuries experienced by an individual could be a sprain or muscle strain, it could also be as serious as a spinal cord injury, paralysis and more. The settlement value of any situation involving a back injury is determined on an individual basis.
Florida Workman’s Compensation
One of the workplace injuries most often experienced in Florida is back injuries. It is common for a back injury to occur during work and prevent a person from being able to perform their job duties. A person may be entitled to workers compensation and more. This is common for individuals who work in landscaping, manufacturing, construction and other jobs involving physical labor. Should someone have their claim for workers compensation be denied, they should seek legal counsel. An experienced attorney will know how to make certain an employer accommodates for any medical work restrictions a person is placed under as well as get them fair compensation for their injuries and more.
A person in Florida who has experienced a back injury due to another party’s negligence will be able to receive compensation for their damages. An individual could be entitled to compensation for economic, non-economic as well as punitive damages. The type of damages and amount of compensation a person receives will be determined by their injury as well as the situation that caused the accident.
Economic Damages From Back Injuries
MEDICAL BILLS – When a person has a back injury, they may experience past as well as future medical bills. This is to cover things like required surgeries, ambulance expenses, X-rays, physical therapies and more. Should a person experience a permanent injury, they will be entitled to be paid for the cost of all future medical bills associated with their back injury.
PROPERTY REPLACEMENT – It is possible for a person to have a back injury because of a car accident or other situation where they experience property loss. They can receive compensation for property replacement or repair.
DOMESTIC SERVICES – A person may need to have help with maintaining their household during the time they recover from their accident.
LOST INCOME – It is also possible for a person to experience loss of income and wages when a back injury makes it impossible for them to work.
Non-Economic Damages from Back Injuries
PAIN AND SUFFERING – This is compensation for pain a person experiences due to their accident. To assess the pain and suffering damages, a pain multiplier could be utilized.
LOSS OF CONSORTIUM – When a person’s back injury is significant, it could cause them to be unable to have a loving relationship with their spouse or other loved ones. It is also possible for family members to file a lawsuit separately against the defendant for this loss.
EMOTIONAL DISTRESS – A back injury could cause a person to experience anxiety, lose sleep as well as have increased fear, depression and more.
It is possible for the behavior of a defendant to be so serious, a judge believes they need to be punished financially. This could be based on a defendant’s action or inaction that caused an individual’s back injury. This often happens when the civil trial associated with the back injury has been completed.
Pure Comparative Negligence
In 1973, Florida adopted a standard comparative negligence in injury cases. The motivation was to deal with accidents where negligent behavior was committed by multiple parties. It means whatever percentage an accident victim is considered to be responsible for the accident will be deducted from their award. If an accident victim is awarded $100,000, but it was determined they were 20 percent responsible for the accident, their final award will be $80,000.
After an accident, a person must take appropriate steps to lessen their damages. An example would be if a person’s physician tells them to wear a compression brace each day for a minimum of 10 hours, and an accident victim doesn’t do this causing them further physical damage. In this situation, a defendant could be required to pay less in compensation because of the victim’s behavior.
There are many situations where a person can experience an injury to their back from no fault of their own. It could have been caused by the negligent behavior of another, an unsafe work environment and more. This is when it’s important for a person to discuss their situation with an attorney. These legal professionals know how to handle back injuries that happen on the job, on public property and more. They will know the value of a case and what is required to obtain fair compensation for the damages experienced by an accident victim.
Call Fenster & Cohen, P.A. today to arrange a consultation (954) 473-1500