A back injury can be the result of any kind of accident; from a car crash, slip and fall accident on a wet floor to a train accident. If another person or company is responsible for causing your back injury, you may be eligible for compensation and can file a legitimate claim with respect to your back injury. This article will discuss some common back injury categories and the basics of making a legal claim for compensation after sustaining a back injury.
The causes that results in back injury are numerous. However, there are only five categories of back injuries and these are:
Herniated discs - these result mainly from falls or car accidents and may require surgery to correct the problem.
Back sprains - because the back is made up of muscles, bones, joints and ligaments, a fall or twist can result in the stretching or tearing of ligaments. Rest and a back-compression device can usually correct this problem.
Back strain - this is the result of stretching and tearing tendons and can cause limited range of motion; treatment usually includes physical therapy.
Spinal cord injuries - these are the most serious injuries to the back. Such injuries can result in either partial or complete paralysis.
Whiplash - can be associated with upper back injury and can result in a limited range of motion.
In a train accidents, each of the above back injuries can occur due to the sheer force of a train accident and its ability to catapult occupants out of their seats or out of the train itself. The basic legal requirements with respect to a personal injury claim associated with back injury is based on the standard of negligence. In order for a back injury claim to succeed, it is necessary to show that another person, entity or business is legally responsible for causing your injuries. The basic elements that must be proved for a successful claim are:
Another person or company owed a duty to you - in the case of a train accident the train driver or operator had the duty to operate safely and to ensure the safety of passengers.
That legal duty was breached - the breach of the legal duty of safety by the train driver would occur, for example, if the train driver failed to follow instructions with respect to the speed limit set out necessary to negotiate a curve.
The breach of duty led directly to the back injury – it is necessary to show that there is a direct cause and effect link between the train driver’s failure to slow down to the speed limit and your back injury.
The back injury caused you to suffer specific damages - you will need to show quantifiable losses related to the back injury. For example, medical bills, lost wages, long-term medical care and loss of earning capacity in serious back injuries.
If you have suffered a back injury as a result of a train accident contact experienced train accident attorneys for legal advice and representation.