Atlanta Attorney for Back, Neck & Disc Injuries Due to Negligence

The back is made of bones, muscles, and connecting tissue extending from neck to pelvis. Injuries to the back can include sprains, strains, herniated discs, fractured vertebrae (discs), and damage to the spinal cord.

Back, neck, and disc injuries are not uncommon in the over-30 set. For example, herniated disc injuries (when a disc is displaced and can pinch the spinal cord and its nerve) occur in 0.5-2.0% of adults annually. Disc degeneration can be caused by normal wear-and-tear on the body – which is part of what makes it difficult for an attorney to successfully argue some of these claims.

Defendants and insurers will frequently argue that such injuries can be attributed to pre-existing conditions, thus diminishing or alleviating their liability. This is why it is so important in back and neck injury cases to:

• Seek medical intervention immediately – even if you don’t think you’re seriously hurt. This will help defeat later arguments that it wasn’t the defendant’s actions that caused the injury.
• Maintain all documentation of your injuries, including medical records, photographs, etc.
• Avoid settling with an insurer who extends an offer before you’ve had a chance to seek legal representation.
• Contact an experienced Atlanta injury lawyer as soon as possible.

Not all injuries are compensable just by virtue of the fact of their existence or severity. To secure compensation, it will be necessary to show that another’s negligence caused it.

If you’ve sustained a back, neck, or disc injury in something like an auto accident, commercial truck accident, slip-and-fall, criminal assault, or as a result of nursing home abuse or negligence, you may have grounds to file a claim. No matter how serious your injuries, the Georgia statute of limitations gives you just two years to do so. As such, it is crucial to keep in mind the importance of acting quickly to file a claim.

It is worth noting that many back injury and neck injury cases stem from some type of work injury. The Bureau of Labor Statistics estimates that approximately 1 million workers suffer a back injury on-the-job each year. Employers are typically shielded from personal injury litigation brought by their employees due to the exclusive remedy provision in Georgia’s workers’ compensation law. If that is the case, know that workers’ compensation can provide disability benefits if you are temporarily disabled. Keep in mind, however, that workers’ compensation is unlikely to cover the full extent of your losses. For instance, it isn’t going to cover things like pain and suffering and emotional distress – which you’d be able to claim in a personal injury lawsuit. For this reason, it is smart to explore whether third-party liability may be at all applicable in your case.

An example of third-party liability for a work injury might be a construction site accident where the job site was controlled by a third-party general contractor who was negligent in maintaining a safe work space. Another might be an employee running a work errand in a personal vehicle when they’re struck by the negligent driver of another car. In both situations, the person injured may be able to claim both workers’ compensation AND compensation from the third-party. However, there is no “double-dipping,” so your workers’ compensation insurer might be entitled to collect whatever portion you’re compensated by the third party that the insurer’s already paid (medical bills, lost wages, etc.).

Of note: Misclassification of employees as independent contractors is a rampant problem in Georgia. Employers do this to avoid paying things like workers’ compensation insurance, which does not extend to independent contractors. What does this have to do with back injury claims? If you ARE an independent contractor, you could feasibly file an injury lawsuit against the company with whom you contracted for their role in the accident during which you sustained your back or neck injury. If you are NOT an independent contractor but they wrongly classified you as such, you might still be able to pursue a personal injury lawsuit, particularly if they failed to pay for workers’ compensation insurance, as required by law.

In the event of a serious back or neck injury, those affected need to explore all legal options with a highly-skilled and top-rated Atlanta injury attorney.

For someone considering a personal injury lawsuit against an individual or entity other than their employer, you should consider filing a claim for catastrophic injury. We generally consider a catastrophic injury as an injury that involves one or more of the following:

• Causes long-term, debilitating symptoms.
• Necessitates a lengthy recovery process (if recovery is even possible).
• Requires constant assistance or live-in care.
• Results in permanent disability (paralysis is a good example).
• Results in a permanent loss of life quality.

Someone with a catastrophic injury may need numerous surgeries, grueling rehabilitation, or suffer some type of physical change that is going to impact them forever. If your back, neck, or disc injury leads to any of the above, you may be entitled to recover compensation from the responsible parties. Consult with us to discuss your case today and learn more about what Apolinsky & Associates, LLC can do for you.

Victims of catastrophic injuries, which include back, neck, and disc injuries, may be able to obtain several types of compensation. For those suffering from a back, neck, or disc injury, these cases often focus on the long-term effects as well as the individual’s ability to continue working and lead an independent life. Your Atlanta back, neck, and disc injury attorney will work with you to fight for compensation for the full the value of your losses, including financial recovery for:

• Current medical bills.
• Future medical costs.
• Any in-home care that may be required.
• Physical rehabilitation.
• Required medical equipment and devices.
• Long-term disability.
• Lost wages.
• Loss of future earning potential.
• Mental anguish.
• Loss of lifestyle enjoyment.

Victims need to work with an experienced Georgia personal injury lawyer who fully understands the special considerations that come along with back, neck, and disc injury cases.

As with other types of catastrophic injury claims, back, neck, and disc injury cases come with unique challenges. This is because your spinal cord is essentially the path that allows information to get from your brain to all other parts of your body. Even a small amount of damage to your spinal cord can result in severe damages. In the most minor cases, a back, neck, or disc injury may only result in the victim feeling some temporary tingling or numbness in their extremities. However, it does not take much damage at all for a back, neck, or disc injury to become catastrophic. This can lead to:

• Paraplegia (lower body paralysis).
• Quadriplegia (full body paralysis throughout the four limbs).
• Loss of control over bodily functions.
• Severe brain damage.

All of these types of extremely severe injuries can require lifelong treatment. Back, neck, and disc injury victims must be fully compensated to account for these future needs. Unfortunately, in far too many cases, back, neck, and disc victims are offered far less compensation than they require.

Our Atlanta Back, Neck, And Disc Injury Attorneys Represent Victims

As leading back, neck, and disc injury attorneys in Georgia, Apolinsky & Associates, LLC offers free and confidential consultations to people seeking more information about the viability and value of a potential injury claim. With experience obtaining millions of dollars in verdicts and settlements for our clients, our Fulton County personal injury lawyers or DeKalb County personal injury lawyers have extensive experience handling complex injury claims.

To schedule a free initial consultation, contact our Atlanta law office today.

The time you will have to file a personal injury suit for your catastrophic back/neck/disc injury is called the statute of limitations. Your case does not have to conclude by the end of the statute of limitations, it just has to be filed.

Under GA Code § 9-3-33, the statute of limitations holds that injured parties in Georgia have just two years to bring personal injury claims forward. After those two years are up, a court will dismiss your claim due to the statute of limitations.

Oftentimes, the insurance companies that you may have to deal with will engage in stalling techniques to run out the clock and avoid having to pay you anything. For this reason and other complex factors that go into the statute of limitations in any case, it is crucial to get in touch with an personal injury lawyer experienced in dealing with cases of back/neck/disc injury claims.