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Chronic Back Pain A Year After: Is There Recourse?

by Ladyblogger on September 16, 2013

Back injuries have historically proven to present lifelong problems for the injured individual. Personal activity of any type can be severely hampered. The problem with back injuries is that they take a long time to manifest in many cases, as a seemingly minor injury can develop into a full disability over time. Filing a legal claim for an injury resulting from a negligent party can be difficult if not done on a timely basis, as all states have a statute of limitations on filing personal injury claims stemming from an accident. The statute expires in North Carolina after 10 years in all cases and after three years in most personal injury cases.

Did the Injured Party Seek Medical Attention?

Anyone who was treated at a certified medical facility for injuries sustained in an accident will have a diagnosis record and a billing record. The diagnosis and prognosis serve as documented evidence that the injury occurred in reasonable association with the accident. This documentation can also include an ambulance record and the emergency medical personnel assessment of immediate injury. If the back injury was reported immediately following the accident, then the documentation is sufficient to present in court by a personal injury lawyer North Carolina based or in your state of residence. Doctors are considered as expert witnesses in most court cases and they are the best intermediate references. Actually, their services are a significant portion of the compensatory claims.

Were Other Individuals Injured?

This is especially important in automobile accident personal injury claims. If other persons occupied the vehicle also, the injuries could be similar. Additionally, the other parties involved in the accident can serve as witnesses that the injury was suffered and possibly missed in treatment. This is a common occurrence in a major accident where some individuals suffer injuries that do not manifest until later. A stressed medical staff can easily overlook a detail that worsens over time.

Has a Medical Claim Been Settled?

Insurance companies often act quickly in a personal injury case if they think they can convince the injured party to avoid hiring an attorney while offering much lower payouts in the process. The injured novice must not attempt to handle a claim alone. All insurance companies will seek a permanent full release from further damage claims in any settlement, and all personal injury attorneys expect this requirement from the insurance company. Attorneys always advise against this action. Remember that the insurance company has no obligation to the patient until the court orders coverage. Quick insurance company action is suspicious, and if a full release has already been signed it is fully legally enforceable.

Anyone experiencing a nagging and worsening back injury should always seek counsel from an experienced and effective legal representative who will be honest in an assessment of the case. The time delay can clearly present a problem and offer a defense position for the respondent. It is incumbent on the plaintiff to prove the injury was actually a result of the accident in question, and evidence can erode over time. It is important to seek medical treatment as soon as possible before retaining an attorney to ensure that the possibility for a claim still legally exists.

 
Will Powell is a freelance writer who seeks to provide answers to common questions relating to back pain injuries and the law. Auger & Auger Attorneys at Law is a personal injury lawyer North Carolina based firm which can help those who suffer from chronic pain back injuries resulting from negligence or wrongdoing.

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