This week’s blog entry pertains to the value of a back injury case as discussed by the accident lawyer from Boca Raton (injury lawyer Jupiter, accident lawyer West Boca, injury attorney Plantation, accident lawyer Fort Lauderdale) will respond to this question.
As we have discussed, there are three elements of an injury case: liablity, damages and causation. Here the question involved only discusses damages. Clearly, back surgery is going to involve significant medical bills, pain and suffering, potential lost time from work and so forth. However, to win the case, we must also prove that the other car is at fault and that the back surgery was caused by the accident. For purposes of the question, it will be assumed the other car is at fault. Still, the issue may arise as to whether the back surgery was necessitated by the accident. If it was a significant crash and the person was rushed to the hospital and back surgery immediately performed, then there will be less of an issue or no issue of causation. If the injury is of the type that may have been caused by a trauma or may have been caused by life activity coupled with the surgery being performed months after the accident, then the defense may raise the issue of causation. Granted, causation may also be proven by suggested an aggravation of a pre-existing injury that necessitated the surgery.
If the other car is at fault and if the back surgery was caused by the accident, then yes this very well may be a case. The value of the case would depend on many things, as discussed of previous blogs – things such as the amount of medical bills, whether the bills were paid by health, the age of the injured person, the subjective complaints of pain, the success of the surgery to reduce pain, the time missed from work and the wage of the injured person, and many other factors.
If you have been in a car accident where you believe the other car was at fault, please call Drucker Law Offices for a free consultation at 561-483-9199 (Boca Raton Main office) or 954-755-2120 (Coral Springs satellite office) or 305-981-1561 (Miami satellite office).
Of course, every case is unique and has to be judged based on the specific facts of the case. The advice in this blog is intended to be general in nature and should not to be construed as specific advice for a case, as a slight difference in the facts could ultimately change the result. Also, this blog is, as the web site suggests, based on Florida law and the laws of any other states or another country could vary significantly from Florida.
