An injury to your back or neck could lead to major medical bills, make it difficult to work, and cause you other problems. You may have the right to file a personal injury lawsuit or workers’ compensation claim. But how do you prove your case for the financial support you deserve?
You start by hiring a law firm that is committed to seeking justice for Maryland back and neck injury victims. That firm is McGowan & Cecil, LLC. Find out why so many clients trust us to advocate for them.
Common Causes of Back and Neck Injuries
Understanding why these injuries happen is the first step towards proving fault and claiming compensation. Some of the most common causes of injuries to the back and neck include:
- Automobile collisions: Rear-end accidents frequently lead to whiplash, problems with the spinal cord, and disc injuries. But any crash, especially at higher speeds, can injure the victim’s neck or back.
- Slips and falls: When a person slips on a slick or uneven surface, and lands on their back or neck, a serious injury is almost guaranteed. You can potentially file a premises liability lawsuit against the at-fault party.
- Construction and other workplace accidents: Getting hurt on the job, including in a construction accident, may allow you to file for workers’ compensation. But victims can often seek compensation from third parties as well.
- Pedestrian and bicycle accidents: Pedestrians and bicycles lack the protective steel frames of vehicles. Even a low-speed collision with an automobile can leave them with debilitating back and neck injuries.
Injuries That You May Experience
Recognizing the specific types of injuries you can suffer can help ensure you receive proper medical treatment. It may also help protect your legal rights. If you notice pain or discomfort in your back or neck, ask your doctor about these potential problems:
- Bulging or collapsed disc
- Ruptured or herniated disc
- Degenerative or protruding disc
- Slipped disc
- Torn disc
- Lower back injuries
- Fractures in the neck
- Whiplash
- Spinal cord injury
- Compression fracture
- Or any other back and neck injury
It’s important that you do not delay seeking medical attention after suffering an accident or injury. Failure to see a doctor could aggravate the problem, and it may allow an at-fault party to blame you for worsening your own injuries. See a doctor and follow their advice.
Winning Personal Injury
McGowan & Cecil, LLC represents clients in both personal injury and workers’ compensation cases in Maryland. Whether your injury took place on or off the job, you may be entitled to various forms of financial support. Either way, we are committed to helping you with your claim.
Personal injury
When you hire us to handle your personal injury case, we immediately get to work by:
- Investigating how the accident happened and who may be liable for it
- Obtaining evidence of fault, including by way of the discovery process
- Determining the value of your legal damages
- Hiring expert witnesses who can substantiate important parts of your claim
- Negotiating for an out-of-court settlement with the at-fault parties’ insurance companies
- Representing you in the more formal mediation process to try to reach a settlement
- Taking your case to court if the insurance company refuses to fairly settle
Elements of a Personal Injury Lawsuit
If you are alleging negligence in a Maryland personal injury claim, you will have to prove four elements:
- Duty of care: This means that the at-fault party had a responsibility to act in a reasonably safe manner to avoid causing foreseeable injury.
- Breach: A breach of the duty of care happens when, due to a negligent or intentional act or omission, the at-fault party violates their duty of care.
- Causation: Next, the victim must show that the at-fault party’s negligence directly caused them to suffer a back or neck injury.
- Damages: Finally, the victim has to demonstrate the nature and dollar value of their damages.
It is likely that your case will settle out of court, although we will be prepared to go to trial if necessary. You should understand that if you do settle with the insurance company, you cannot ask for more money later if your injuries get worse than you anticipated.
This is why having seasoned legal counsel is so important. A knowledgeable personal injury lawyer will be familiar with back and neck injury cases, how much they are worth, and how to prove the value of both your current and reasonably estimated future damages.
Available Compensation in a Back or Neck Injury Claim
Whether through a personal injury lawsuit or a workers’ comp claim, you have the right to financial support for your losses. Our firm is prepared to fight for the compensation that will help you recover medically and financially.
Personal injury damages
Victims of negligence leading to a back or neck injury can possibly request three categories of damages:
- Economic damages: These include medical bills, future reasonably estimated medical expenses, lost income, and lost income-earning ability.
- Non-economic damages: Among these more subjective (hence the term “non-economic”) damages are pain and suffering, emotional distress, and decreased quality of life.
- Punitive damages: Some at-fault parties are so negligent or intentional in causing injury that the victim can ask for punitive damages. These are designed to punish the at-fault party and deter future misconduct.
Contact Our Maryland Back & Neck Injury Attorney
The pain you experience with a back or neck injury is serious, which is why you need serious legal counsel. Get started today by connecting with McGowan & Cecil, LLC. You can contact us now to schedule your free initial consultation.
Frequently Asked Questions about Back and Neck Injuries
Does a pre-existing condition invalidate my back or neck injury claim?
Having a pre-existing injury does not mean you cannot seek compensation if someone negligently causes an accident. It also doesn’t disqualify you from workers’ comp. A key question is whether the accident aggravated your pre-existing condition.
For this and related issues, we may call a medical expert witness on your behalf. This person can explain in detail how the accident in question worsened your prior injury. It’s part of our commitment to making the strongest case possible for our clients.
Is there a deadline to file a back or neck injury claim?
For a personal injury lawsuit, most victims will have three years from the accident date to file a lawsuit. Various deadlines apply to Maryland workers’ comp claims, including (but not limited to) 10 days to notify your employer. We can help make sure you do not miss any deadlines.
Missing a deadline in either situation could destroy your right to compensation. Don’t wait, even if you think you have plenty of time. Call us to discuss your case.
Will my back or neck injury lawsuit settle or go to trial?
It is more likely that your lawsuit will settle instead of going to trial, since insurance companies don’t like to risk an adverse jury verdict. There are various factors you will need to consider, such as the strength of your evidence and the willingness of the at-fault parties to settle.
Part of our role as a personal injury law firm is to help clients make informed decisions about whether to accept a settlement or go to trial. We will walk with you each step of the way and advise you how to achieve the best possible outcome.
Potentially liable third parties may include construction contractors, subcontractors, and property owners. We can examine the details of your accident to determine if third parties can be held liable for your losses.