Boca Raton Back Injury Lawyer
The human spine is a long chain of delicate bones connected by sensitive nerves. Any excessive jostling knocks this chain out of alignment. The extreme force of a hit-and-run wreck or other such incident causes almost unbelievable spine damage. At best, these victims often suffer from pinched nerves, herniated discs, and other extremely painful injuries. At worst, spine injuries cause permanent paralysis. The lifelong medical bills in such cases often exceed $5 million.
The compassionate Boca Raton back injury lawyers at Smith, Ball & Báez understand the intense pain and suffering these injuries cause. Many of the people on our professional team have experienced similar things in their lives. This compassion and understanding motivates us to work extra hard to obtain the financial compensation these families need and deserve. This compensation usually includes money for economic losses, such as medical bills, and noneconomic losses, such as pain and suffering. Due to the nature of spine injury cases, additional punitive damages are often available as well.
Preparing a Back Injury Claim
Hit-and-run wrecks and other vehicle collisions cause most back injuries. Today’s cars and trucks are so big and so fast that no safety restraint system, however advanced, can possibly absorb all the force in these wrecks.
Falls also cause many spine injuries, even if victims don’t land on their backs, and even if the fall doesn’t cause other serious injuries. The spine is so delicate that any jarring motion could cause a serious injury.
In both situations, a legal claim begins with a duty of care. Most drivers and property owners have a duty of reasonable care in most situations. This duty includes a legal responsibility to prioritize the safety of other people. Drivers cannot get behind the wheel while impaired or drive aggressively. Property owners must remove injury hazards, not gloss over them.
If a breach of duty causes injury, a Boca Raton back injury lawyer can obtain the aforementioned compensation. Evidence of cause usually includes the police accident report, medical bills, and witness statements. Attorneys must gather a lot of evidence in these cases, not only to prove claims, but also to refute insurance company defenses.
Comparative fault is a good example. This legal doctrine shifts accident blame from a tortfeasor (negligent actor) to a victim. In a car crash claim, a lawyer might argue that the victim’s speed, as opposed to the tortfeasor’s negligence, caused the crash. Or, in a fall claim, a lawyer might argue that the victim didn’t watch where s/he was going.
To obtain maximum compensation, the evidence must clearly show that the tortfeasor, not the victim, was responsible for the injury.
Resolving a Back Injury Claim
Almost all injury claims settle out of court. Sometimes, these claims settle informally, once medical treatment is at least substantially complete. Lawyers shouldn’t settle cases before this point. If they do, the settlement amount might not account for all possible future medical expenses, meaning that the victim is financially responsible for them.
However, insurance companies usually drag things out, citing possible defenses like comparative fault.
Therefore, most back injury claims settle during mediation. A third-party mediator supervises negotiations and ensures that both sides negotiate in good faith. “I’ll see you in court” is not a good-faith offer or counteroffer.
Because of this responsibility, and also because both sides are eager to avoid a risky and expensive trial, mediation is about 90 percent successful in civil cases.
Connect With a Thorough Palm Beach County Lawyer
Injury victims are entitled to significant compensation. For a free consultation with an experienced back injury lawyer in Boca Raton, contact Smith, Ball, Baez & Prather, Florida Injury Lawyers. We do not charge upfront legal fees in these matters.