When to Sue for Back Injury: Do You Have a Case?

Some estimates indicate that up to 80 percent of adults will experience a back injury at some point in their lives. Of course, not every back injury gives rise to a legal claim -- some back injuries are attributable to age, genetics, or an accident that was unavoidable. But when another person or entity is legally at fault for the incident that led to your back injury, you may have a valid back injury claim. Read on to learn more about when you might have a case, and what you’ll need to prove in any legal claim for back injuries.

What is a Back Injury Claim?

The term “back injury claim” usually refers to a personal injury lawsuit or insurance action that lets you recover compensation for a back injury, usually when someone else is legally responsible for causing the accident or creating the circumstances that led up to the injury. The purpose of a back injury claim is to allow the injured person to recover compensation for the injury -- including damages in the form of lost wages and medical expenses, and even compensation for emotional distress and pain and suffering, where appropriate.

When to Sue: What You Need to Make a Case

If you want to make a back injury claim, you usually need to be able to prove that the person you are making the claim against was negligent -- meaning that they breached a legal duty owed to you, and that the breach led to the accident and your resulting back injuries. You also must be able to prove that you suffered actual damages as a result of the back injury.

Under personal injury law, the burden of proving these elements of a back injury claim is placed on the person making the claim. If your back injury claim ever makes it all the way to trial, the legal standard by which you must prove your case is by a preponderance of the evidence, which means you must prove (to a judge or jury) that more likely than not, everything you are alleging is true, regarding the cause and extent of your back injuries, and the defendant’s liability. In all likelihood, your back injury claim won’t make it to trial, let alone to the verdict stage, but in assessing the strength of your case, it helps to think in terms of whether you can successfully meet this burden.

Keep in mind that not every back injury case will come down to the question of whether or not the other party was negligent (though most cases will, including back injuries from car accidents and slip and fall incidents). If your back injury was caused by a defective product, a workplace accident, or an intentional act, your back injury claim will follow different rules that are covered elsewhere on this site. For example, if you suffered a back injury while on the job, you’ll most likely need to file a workers’ compensation claim under the procedures in place in your state.

How to Prove a Back Injury Claim

So, assuming the kind of back injury claim you’re making requires you to establish that another party (the other driver in a car accident case, or the business owner in a slip and fall case, for example) was negligent, what kinds of evidence might you need in order to successfully prove the element of your case? The possibilities include:

A police report documenting the circumstances and cause of a car accident
An incident report prepared by a store, restaurant, or other business where a slip and fall occurred
Eyewitness statements attesting to the details of when, where, and how your back injury occurred
Photographs from the accident scene and any evidence that might help document the cause and circumstances of your back injury
Records of all medical treatment associated with your back injury -- including from emergency services, hospital visits, physicians, physical therapists, and chiropractors
Documentation of time missed at work, and records showing your typical income, to support a lost wages claim
Testimony from a doctor or medical expert regarding the cause of your injury. For instance, if you have a herniated disc, which can be caused by many factors including the natural aging process, your doctor or another medical expert would need to testify that it was the impact from the car accident (or the fall, or whatever the incident that prompted your back injury claim) that caused the herniated disc, and that it wasn't simply an existing or unrelated injury.

Getting Legal Help With a Back Injury Claim

Determining if you have sufficient evidence to make a back injury claim can be tricky, especially if you are not certain what type of evidence you need and how to get it. In most cases, it is best to seek advice from an experienced personal injury attorney, who can help you determine if you have a valid back injury claim and, if you do have a case, help you prove it.

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