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1. Millions
of Americans suffer back pain every year. As many as 60% to 80%
of adults endure some back pain in their lives.
Back disorders are one of the leading causes of disability for
people in their working years. Back injuries afflict over
600,000 employees each year and cost our American industries 10
to 14 billion dollars in workers' compensation costs and100
million lost work days annually. Major causes of back injuries
include work related injuries, slip and falls and motor vehicle
accidents. Back injuries can also be caused by acts of violence
or sports-related injuries. There are a several types of back
injuries, which include spinal cord injuries, slipped or
herniated disc and compression fractures. Whiplash is not
considered a back injury as many people think.
2. The majority of back injuries are most commonly suffered
while on the job. Employees can prevent injuries while on the
job by following a few simple steps.
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Lift objects
carefully instead of quickly or easily
-
Lift, push and
pull with your legs, not your arms or back
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When changing
direction while moving something, turn with your feet, not
with your waist
-
Sit with your
knees slightly above your hips to provide support for your
lower back
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When walking
maintain a straight posture and wear slip-resistant,
supportive shoes
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When carrying
heavy objects, carry them close to your body and avoid
carrying them with one hand
3. There are
steps that you should take after an automobile accident in order
to protect your legal rights. These steps are particularly
important if you have sustained an injury to your back or other
area of your body.
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Obtain the
names, addresses and phone numbers of any witnesses
-
Report the
accident immediately to the police and to your insurance
company
-
If possible,
photograph the scene including the vehicles, injuries and
areas where the accident took place
-
Immediately see
a physician if you are experiencing any kind of pain, whether
mild or severe
-
Get legal advice
before speaking, or settling, with an insurance company
4. Always
speak with an attorney after an automobile accident that causes
injuries to yourself or to others in your family.
If you have been the victim of an accident caused by someone
else’s negligence, you may be able to obtain compensation for
your medical and rehabilitation costs, as well as lost wages.
Litigation is often the only way to ensure that you receive the
compensation that you are entitled to. You should consult an
attorney immediately regarding your injuries, because most
insurance policies are not sufficient to cover expenses related
to serious back injuries. Your attorney will likely make
arrangements for your medical bills to be paid out of any future
settlement, which allows you to focus on recovery. Normally, a
Letter of Protection will be sent by the attorney’s office to
your medical providers, notifying them that you are involved in
a lawsuit against the person who injured you. The insurance
company will have proper representation in their corner to
minimize any financial settlements; you should have proper
representation to MAXIMIZE any financial settlements that you
may receive.
5. Plaintiffs always wonder how much their case is worth.
There is not a magic formula to determine a cases’ worth, but
there are indicators that an attorney will evaluate.
Generally, the most time consuming issue in personal injury case
preparation is the question of damages. The following questions
will be asked of you by your attorney and your answers will
assist him in determining the cases’ worth.
-
What are your
injuries?
-
What treatment
did you receive or continue to receive?
-
What are your
medical expenses?
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Have you reached
what is called maximum medical improvement (MMI)? MMI means
that additional treatment will not make you any better.
6. Cases seem
to take so long to settle, or to go to court, but there are
important reasons for such delays.
It is important for you to understand that while you are still
being treated, your attorney can do very little, if anything, to
move your case along. Until your condition has been fully
treated and you have reached MMI, your attorney normally cannot
proceed with negotiating your case to conclusion.
To help speed your things along, make sure you do the following:
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Be diligent in
your medical treatment
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Make sure that
your attorney receives proper documentation from your medical
providers
-
Efficiently
provide to your attorney any documents requested
-
When you have
concluded your medical treatment, notify your attorney
immediately
7. Most cases
settle without going to court.
Perhaps surprising to many, most personal injury cases settle
without going to court. The insurance industry reports that
about 95% of all motor vehicle bodily injury claims are settled
without ever stepping foot into a courtroom. Attorneys only file
lawsuits as a last resort if the claim cannot be settled through
negotiation with the defendant’s insurance carrier.
8. Many victims want to try and settle their case by
themselves without hiring an attorney. This is normally an
unsuccessful endeavor.
Statistics show that claims paid to claimants without legal
representation are substantially lower than those who are
represented by an attorney. The reason is simple. Insurance
companies are fully aware that victims rarely have legal
experience or knowledge to the level that an attorney does.
Therefore, the negotiation process will usually favor the
insurance company.
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