Accidents that lead to neck and back injuries can severely alter a person’s life. Injuries like paralysis can impact a person’s ability to walk and breathe. Many incidents, such as car crashes, medical malpractice, slip-and-fall, and workplace accidents, can lead to these injuries.
When you are in a severe accident, a Houston neck and back injury could guide you through the process of filing a negligence claim against the individual or company responsible for your harm. Call today to speak with one of our knowledgeable catastrophic injury attorneys.
How the Type of Accident Can Impact the Duty of Care
A valid negligence claim for this type of injury will require the plaintiff to prove the defendant owed a duty of care. The defendant’s actions must have breached that duty of care, and the breach must have caused the plaintiff’s injuries.
Establishing the duty of care owed is difficult for certain types of accidents.
If the injury was caused by a slip-and-fall accident at a business, it complicates the duty of care. A store owner has a duty of care to maintain reasonably safe and hazard-free conditions on their premises.
However, the standard of care owed by a store owner depends on the guest who was injured. The court will hold the owner to a higher standard of care to protect invitees or shoppers but will use a lower standard of care for a trespasser.
The Houston attorney could advise about the appropriate duty of care depending on the actions leading to a person’s neck and back injury.
Multiple Negligent Parties Can Complicate Recovery
Another issue that can complicate neck and back injuries is an accident caused by more than one negligent party, which is common in car crashes. A lawyer in Houston could advise on how the state’s modified comparative negligence rule affects neck and back injury cases.
When the injured plaintiff’s negligence was more than 50 percent responsible for the accident, the court will bar them from any monetary recovery under Texas Civil Practice & Remedies Code § 33.001. If the court determines that the plaintiff’s negligence is 50 percent or below, they can recover damages proportionate to their amount of responsibility.
For example, a plaintiff seeking $100,000 in damages and found 50 percent responsible can receive up to $50,000 in monetary recovery.
Plaintiffs can receive economic or noneconomic damages as compensation for their injuries. Economic recovery can include lost wages, medical bills, and other losses with a measurable dollar value. Noneconomic damages are not quantifiable, as they compensate the victim for a loss of life quality.
Statute of Limitations for Neck and Back Injury Claims
The Houston lawyer can advise on important procedural protocols for obtaining monetary recovery for neck and back injury claims, such as filing the claim within the state’s statute of limitations.
The plaintiff must file a personal injury lawsuit for neck and back injuries within two years from the date of the incident or a court could dismiss the entire claim, according to Tex. Civ. Prac. & Rem. Code § 16.003.
The rules have special exceptions under Tex. Civ. Prac. & Rem. Code § 16.001 for individuals with a legal disability and minors, as the tolling period will not begin until the date the minor turns 18 years old.
Courts consider that neck and back injuries from certain negligent behavior are not always apparent at the time of the accident. If the person is unaware of the harm, the deadline will start tolling from the date they reasonably should have recognized the harm.
Speak With a Houston Attorney About Your Neck and Back Injuries
Neck and back injuries could have severe consequences, requiring surgery and extensive treatment, which can be costly. When you sustain injuries resulting from suspected negligence, speak to a Houston neck and back injury lawyer as soon as possible.
We could guide you through the lawsuit filing process, help negotiate settlements, and advise you on special state laws, such as workers’ compensation and damage limits, that could impact your claim. Call today to schedule an appointment with one of our attorneys and get started on your case.