Common Kinds of Back and Neck Injuries
Common kinds of neck injuries include:
- Pinched nerves
- Fractured vertebrae
- Overuse neck injuries
- Herniated discs
- Sprains or strains
- Neck fractures
- Neck sprains
- Spondylosis (arthritis in the neck)
Back injuries could include all of the following:
- Sprains and strains
- Fractured vertebrae
- Herniated, bulging, or ruptured discs
- Spinal stenosis
- Intervertebral disc degeneration
Spinal cord injuries involve damage to cells and nerves, sending and receiving signals relating to the brain to and from the rest of the body. Spinal cord injuries could be the result of direct injuries to the spinal cord itself or damage to tissue and bones (vertebrae) surrounding the spinal cord.
Damage can result in temporary or permanent changes in strength, movement, sensation, and body functions below the site of an injury. Incomplete spinal cord injuries involve spinal cords still being able to transmit messages to and from the brain to the remainder of the body, but complete spinal cord injuries involve no nerve communication or motor function (voluntary movement) below the site where trauma occurred.
Spinal cord injuries may cause symptoms such as tingling, paralysis, numbness, a loss of or changes in sensation to the hands and feet, weakness or inability to move a part of the body, pain or pressure in the head, neck, or back, loss of movement, loss of bladder and bowel control, unnatural positions of the spine or head, difficulty breathing, problems walking, and changes in sexual function.
Causes of Back and Neck Injuries
People may suffer back and neck injuries in many different circumstances. Common causes of these injuries include, but are not limited to:
- Motor vehicle accidents
- Trucking accidents
- Fall injuries
- Construction accidents
- Repetitive stress injuries
- Defective products
- Industrial factory accidents
- Lifting injuries
- Unsafe property conditions
What You Should Do After a Back or Neck Injury
Any person who thinks they might have suffered a back or neck injury should be sure to obtain medical attention as soon as possible. This is critical for two main reasons:
- The sooner your injury is diagnosed, the better your overall prognosis might be
- Your doctors will create records you can use to prove you suffered your neck or back injury from the accident in question
Back and neck injuries can be more challenging injury claims because there is often a lack of physical wounds or deformity, meaning the injuries are not as plainly visible as broken arms or legs. It can take more evidence to prove your injuries, as the insurance companies might be more likely to question the severity of your injuries. Having the right injury attorney on your side is essential.
Compensation for Back and Neck Injuries
Even though workers’ compensation is available for any person whose neck or back injury was the result of a workplace accident, many other individuals will be seeking to file accident or negligence claims against other parties for their injuries. Georgia is a modified comparative fault state, meaning that a negligent party must be 51 percent responsible or more for there to be a case against that person.
People with back or neck injuries can be entitled to different kinds of compensatory damages. Special damages are also known as economic damages and are commonly associated with actual financial losses or expenses that are easier to calculate.
Common examples of special damages include:
- Current and future medical bills
- Lost wages
- Property damage
- Funeral costs
General damages or noneconomic damages will be losses for concerns that do not have financial values, meaning juries usually decide what the costs are for such damages. Examples of general damages include:
- Pain and suffering
- Emotional trauma
- Loss of consortium
Georgia’s comparative fault rules mean that a person’s award can be reduced by their share of negligence in connection with an accident. In other words, a person who receives $100,000 for a back or neck injury case in which they were 40 percent at fault would have their award reduced by $40,000 and ultimately receive $60,000.
Under Georgia Code § 51-12-5.1, punitive damages, vindictive damages, or exemplary damages can be awarded in tort actions in which it is proven by clear and convincing evidence that a defendant’s actions showed willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences. They are not awarded as a form of compensation but more to punish the defendant.
Schedule a Free Consultation With Our Georgia Personal Injury Lawyer
If you or your loved one suffered a back or neck injury anywhere in the greater Marietta area, do not wait to seek legal representation for your claim. Several back and neck injury cases will be resolved through settlements with insurance companies, and Spaulding Injury Law can negotiate the best possible settlement to your case or file a lawsuit to take the case to trial when an insurer is unwilling to pay you what you deserve.
Our firm has helped scores of injured people all over Georgia, so we have decades of experience handling all kinds of neck and back injury claims. Call us or contact us online to receive a free consultation.
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Marietta Law Office
1000 Parkwood Circle Southeast
Atlanta, Georgia 30339
Feel free to give us a call if you have any questions or would like to learn more about our attorneys.