Creating a claim for a back injury means the ability to collect compensation from the business or person that can be held legally responsible for your injury or the accident that caused your injury. A back injury can range from a simple (and painful) pulled muscle to spine injuries, possibly even paralysis. For this reason, the settlement that can be claimed for your injury depends upon a case-by-case review of the claim.
When you pursue compensation for a back injury it will include things such as economic and non-economic damages which can be grouped together as simply “compensatory damages”. Economic Compensatory Damages are financial losses that have occurred due to spending money. This can include finances such as your future or past medical bills. Your medical bills will vary a lot depending on the type of injury you sustained and could include things like x-rays, surgery, follow up an appointment and physical therapy. This category can also include things like loss of income or wages. When you make a back injury claim you can be entitled to compensation for your lost wages a well as the future reduction in your earning capacity. These numbers are determined by taking a look at your past salary including the amount of work you missed (sick time or vacation hours). Your future loss of income is then calculated using a formula that assesses your potential future earning while taking note of how your injuries could affect those earnings.
Non-Economic damages or ‘general damages’ as associated with the loss of non-monetary issues that have arisen due to your back injury. These are instances where it becomes hard to create a dollar value. Your economic damages are then multiplied due to the pain and suffering you may have been subject to. The number that is used is a set number that is higher depending upon how serious your case happens to be. There is also emotional distress and loss of consortium to consider. When it is applicable emotional distress damages can be assessed separately or with the pain and suffering depending on your state’s laws. In a case where a back injury has caused paralysis and will affect a victim’s relationship with their family there can be a loss of consortium added into the claim.
There are other damages that can pursue like punitive damages as well as comparative negligence. If you are looking to pursue a case against an employer or would like to see what kind of worker’s compensation lawsuit your particular case may warrant you can always turn to a reputable law firm. Knowing your rights and the possible compensation following a back injury can be essential when knowing whether you have a case to pursue. If you want consultation on what to do next you can rely on Oktanyan Der-Grigorian Law Group to help. We can sit down with you during a free consultation to understand your case and review your options moving forward. Your back injury can disrupt your life and proper compensation can be a means of getting back on track. Call us today at (818) 975-3080 to make an appointment.