Personal Injury Law Blog

Back injuries are among the most common and debilitating, significantly impacting individuals’ lives. In Illinois, if you have suffered a back injury due to someone else’s negligence, you may be entitled to compensation, even if you have not undergone surgery. Consulting with a personal injury attorney early on can significantly enhance your chances of obtaining a fair settlement. An experienced Illinois personal injury attorney can guide you through these claims, helping you understand your rights and the potential value of your claim.

The Legal Basis for Back Injury Claims

Under Illinois personal injury law, the legal basis for back injury claims often centers on proving negligence. To establish a strong claim, the injured party must demonstrate that another’s lack of reasonable care directly caused their back injury.

Illinois applies a modified comparative negligence standard, allowing recovery if the claimant is less than 50% at fault. Back injuries constitute a significant portion of personal injury claims, leading to substantial settlements and judgments. While exact statistics vary, back injury claims can result in compensation ranging from moderate sums for less severe injuries to multimillion-dollar settlements for serious cases, reflecting the injury’s impact on the individual’s life and financial well-being.

Average Cost of Back Injuries 

According to CDC data, the financial impact of injuries, including back injuries, is staggering. Falls lead to average costs of $4.23 million, while motor vehicle accidents escalate this figure to $10.70 million. Furthermore, work-related injuries or overexertion result in an average cost of $7.40 million. These figures underscore the severe economic burden of back injuries, highlighting the importance of safety measures and the potential financial relief that legal settlements can provide affected individuals.

How a Back Injury Settlement is Determined

A settlement is typically the result of negotiations between the injured party and the responsible party, their insurance company. The process starts with the injured party filing a claim, detailing the nature of the injury, the circumstances under which it occurred, and the resulting damages. The at-fault party’s insurance company then reviews the claim and decides whether to settle or dispute it.

Key factors influencing the decision include the following: 

• Liability,
• The severity of the injury, and
• Evidence.

Securing a settlement for a back injury without surgery involves understanding the legal process, accurately documenting the injury, and effectively proving its impact on your life.

What Goes into a Settlement Calculation

Settlement calculations for back injuries without surgery encompass both economic and non-economic damages.

Economic Damages

These are tangible costs, such as medical expenses for physical therapy, chiropractic care, and medication. Lost wages and future earning capacity are also considered if the injury impacts the individual’s ability to work.

Non-Economic Damages

These include pain and suffering, emotional distress, loss of enjoyment of life, and any other intangible losses resulting from the injury. The calculation considers the current and future impact of the injury, aiming to provide fair compensation that reflects the total extent of the damages incurred.

Proving Severity Without Surgery

Proving the severity of a back injury without surgery requires comprehensive and detailed documentation. An attorney can help you build a strong case for compensation after a back injury. 

• Present detailed medical records that outline your back injury’s diagnosis, treatment, and prognosis. Regular visits to healthcare providers substantiate the ongoing impact of the injury.
• Obtain opinions from medical experts who can attest to the severity of your injury and the necessity of the treatments you are undergoing.
• Keep a diary of your daily pain levels, activities you can no longer perform, and how the injury affects your life. This personal account provides tangible evidence of the injury’s impact.

These elements combined help to demonstrate the serious nature of your injury and its profound effect on your daily life, supporting your claim for a higher settlement.

Examples of Serious Back Injuries That Do Not Require Surgery

Severe back injuries that do not require surgery can still have a profound impact on an individual’s life, justifying substantial settlements. 

Chronic Pain Conditions

Long-term back pain, such as that caused by degenerative disc disease or chronic regional pain syndrome, can severely limit mobility and quality of life, even without surgical intervention.

Soft Tissue Injuries

Strains, sprains, or severe contusions in the back muscles and ligaments can lead to persistent pain, requiring ongoing physical therapy and pain management.

Nerve Damage

Injuries resulting in nerve impingement or neuropathic pain, like sciatica, can be debilitating and persistently interfere with daily activities and work without necessarily being solved by surgery.

In these scenarios, the following factors contribute to a large settlement.

Duration and Intensity of Pain

Chronic pain or discomfort impacts an individual’s well-being and ability to function normally.

Limitation on Activities

The inability to perform daily tasks, enjoy hobbies, or participate in family life adds to the non-economic damages.

Loss of Earnings

If the injury affects the ability to work temporarily or permanently, it leads to significant economic damages.

Medical and Rehabilitation Costs

Ongoing costs for medical treatment, physical therapy, and other rehabilitative services contribute to the financial burden.

A non-surgical back injury can still be severe, meriting a large settlement if it causes chronic pain, restricts daily activities, lowers earning potential, and results in continuous medical costs.

Have You Experienced a Serious Back Injury Due to a Preventable Accident in Chicago?

If you or someone in your family is currently suffering from a back injury that came about as a result of a car accident, slip and fall, or other preventable accident, reach out to the dedicated Chicago personal injury lawyers at Briskman Briskman & Greenberg. At Briskman Briskman & Greenberg, our dedicated injury lawyers have over 35 years of hands-on experience successfully helping back injury victims recover fair compensation for what they’ve been through. We also offer free consultations to all victims, during which we will explain your rights, provide you with an overview of the recovery process, and give you an honest assessment of your case. To learn more, and to schedule a free consultation today, call 877-595-4878. You can also connect with us through our online contact form.