Commercial truck accidents often leave victims with catastrophic injuries, including back injuries that severely impact their ability to work and result in significant medical bills. But with the help of a skilled attorney, truck accident victims can seek the compensation they need through personal injury claims filed against the trucking companies at fault for their injuries.
If you are the victim of a large truck accident, contact David Blackwell Law for a free consultation. Our experienced truck accident lawyer will review your case and explain how to pursue compensation to cover your expenses.
How David Blackwell Law Can Help You Pursue Back Injury Compensation After a Truck Accident
After suffering a back injury, you need a truck accident attorney who puts your physical, emotional, and financial well-being above all else. Some of the ways our legal team can help you seek compensation for your injuries are:
- Our team will investigate the accident and identify all liable parties, including the truck driver, trucking company, cargo loaders, maintenance providers, and others.
- We will collect evidence supporting your claim for compensation and tying the liable parties to your injuries.
- Our trucking accident lawyer will calculate your losses so you know how much your case is worth.
- We’ll negotiate with the insurance companies and use our experience to seek a settlement that covers all your expenses.
- If the insurance company refuses to offer a fair settlement, we’ll take your case to trial and seek the maximum compensation.
Why Choose David Blackwell Law for Your Back Injury Claim?
David Blackwell Law has been serving injury victims in Lancaster, SC, since 2003. Over the past 20+ years, our firm has handled a wide variety of cases, including multiple high-stakes truck accident cases that resulted in significant compensation for our clients.
If you want a lawyer who treats you with the respect you deserve, makes time to respond to your calls and messages, and only gets paid if they win compensation for you, choose David Blackwell Law. Want to learn more about how we treat our clients? Check out what our satisfied clients have to say about working with us:
“David Blackwell is a compassionate, hardworking lawyer who will listen to your concerns and make your needs his number one priority. … He will make sure that you are prepared for any situation, whether in a deposition, before a judge, or in a courtroom. His staff is professional, competent and helpful.” – Dana Courtney
Damages in a Back Injury Case
Through a truck accident claim, you can seek various forms of compensation from the parties that caused your back injuries, including:
- Medical expenses – This compensation covers past and future medical treatments, medical devices, surgeries, prescription medications, and physical therapy for the injuries you suffered in the accident.
- Lost wages – Your claim may also cover the income you lost while recovering from your injuries.
- Loss of future earning capacity – If your injuries impact your ability to work long-term, you can seek compensation for the future income and work benefits you will lose. Even if your injuries do not entirely prevent you from working, you can seek compensation for the difference in your pre- and post-injury income.
- Permanent disability – Many back injuries result in long-term or permanent disability for which you can seek compensation. This compensation covers modifying your home or vehicle to be accessible, hiring in-home care, and accommodating your disability in other ways.
- Loss of enjoyment of life – If your injuries affect your ability to participate in activities you once enjoyed, you can seek additional compensation. For example, a severe back injury may make playing with your children or grandchildren difficult.
- Pain and suffering – You can also demand compensation for the physical pain and emotional suffering you experience because of your injuries.
Factors That Can Affect Your Back Injury Settlement Amount
Truck accident victims often wonder how much their cases are worth. Unfortunately, we cannot answer that question without knowing the facts of your case. However, a few key factors could affect the amount of a settlement for back injuries from a truck accident.
Injury Severity
In general, the more serious your injuries are, the more your case could be worth. More severe injuries typically result in more medical bills and lost wages, which usually make up the bulk of the compensation sought through a lawsuit.
Long-Term Disability
If your injuries result in long-term or permanent disability, your future medical costs could significantly increase. It’s best to wait until you reach your maximum medical improvement (MMI) before you try to settle your case. MMI is the point when further medical treatment is unlikely to improve your condition, which makes it easier to calculate your future expenses.
Modified Comparative Negligence
Under South Carolina’s modified comparative negligence law, your compensation could be reduced if you were partly at fault for the accident that caused your injuries. For example, if you were speeding when a semi-truck ran a red light and hit you, the trucker’s insurance company may argue that you are 25 percent at fault for your injuries. This would result in you only being able to recover 75 percent of your losses.
Additionally, the courts will bar you from recovering compensation if you are more than 50 percent at fault for your injuries. This makes it essential to work with an experienced truck accident lawyer who can minimize your liability and maximize your compensation.
Trucking Company Insurance Policy Limits
Commercial trucks in South Carolina must have certain levels of liability insurance. Depending on the extent of your injuries, these policy limits could cap the amount of compensation you can receive through an insurance claim. In these cases, filing a personal injury lawsuit or pursuing other sources of compensation may be necessary to secure the money you need to cover your losses.
Legal Representation
The effectiveness of your legal representation can significantly impact the compensation you receive. Trucking companies and their insurers will be much more willing to offer a fair settlement when you have a skilled lawyer who has built a solid case proving their liability. That’s why you should work with a law firm with decades of truck accident experience, like David Blackwell Law.
Back Injuries Suffered in Truck Accidents
Truck accident victims can suffer from a broad range of back injuries, including those affecting soft tissues, bones, and the spinal cord itself. Your specific injuries will have a significant impact on your case. Some common back injuries resulting from truck wrecks include:
- Spinal cord injuries – The impact of a truck accident can damage the spinal cord in various ways, leading to chronic pain conditions and even paralysis in particularly severe cases. These injuries require extensive surgeries and recovery periods.
- Fractured vertebrae – Broken vertebrae from a truck accident can cause significant back pain, nerve damage, and spinal cord damage. Even after receiving treatment, an improperly healed vertebrae can still impact your ability to work in the future.
- Herniated discs – These injuries occur when the matter inside the discs that cushion your vertebrae becomes compressed or squeezed out, leading to intense pain and discomfort.
- Back strains and sprains – Strained muscles and tendons or sprained ligaments are common injuries suffered in truck accidents. These injuries can affect the upper spine in the form of whiplash, which is one of the leading injuries caused by rear-end collisions. They can also affect the lower back, leading to pain and discomfort when sitting or standing.
- Spinal stenosis – This condition happens when the spinal cord and nerves are squeezed due to the spinal canal narrowing under pressure. It can cause pain, discomfort, and numbness and may be a symptom of improperly healed spinal injuries.
- Spinal dislocation – Dislocations occur when an impact knocks the vertebrae out of alignment. These injuries can pinch or sever the spinal cord and cause nerve damage.
Time Limit to File a Truck Accident Lawsuit for Your Back Injury
Under South Carolina’s statute of limitations for personal injury cases, most truck accident victims have three years to file lawsuits against the parties responsible for their injuries. If you do not file your lawsuit within this period, the courts will likely bar you from seeking compensation for your injuries. It is essential to begin working with a truck accident lawyer as soon as possible so they can gather the necessary evidence and file your lawsuit in time.
Get in Touch with Our Truck Accident Attorney for Help
If you suffered a back injury from a truck accident in Lancaster, South Carolina, contact David Blackwell Law for a free case review with an experienced truck accident attorney. During your initial meeting with our team, we will go over the facts of your case, explain your options for seeking the compensation you need, and answer your questions about the legal process.