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Back and Spinal Injuries After a Car Accident in Texas

Back and Spinal Injuries After a Car Accident in Texas

Back and Spinal Injuries From Texas Car Accidents

Back and spinal injuries from car accidents aren’t always obvious. Even car crashes that seem minor in Texas can result in long-lasting pain, limited mobility, and permanent impairment.

At Haney Paschal & Romoser, our car accident lawyers understand how disruptive a spinal injury or back injury can be to your daily life. If you have been in a car accident in Texas, we can help you understand your rights under Texas law.

Why Back and Spinal Injuries Are Common in Texas Car Accidents

When you crash after driving at high speeds of 70-80 miles per hour, your body doesn’t stop just because your car does. Instead, it continues to move. This high impact on your body can compress the spine, fracture your bones, and cause your discs to bulge or rupture. A sudden crash also causes your head to whiplash, which can damage the ligaments in the upper part of your spine. This damage isn’t always noticeable, though, and it may not show up immediately on X-rays. Nerve compression and herniated discs, for instance, can go undiagnosed for months.

Rear-end collisions are the most common type of car accidents in Texas. When the collision occurs, your spine absorbs most of the shock, resulting in injuries like a herniated disc and spine misalignments. Roll-over accidents are even more dangerous as they force the spine to twist and compress, causing fractures and severe spinal cord trauma. Another common car accident in Texas is the T-bone accident, which are accidents at intersections. The impact often results in whiplash, damage to the upper spine, and disc injuries.

Even “minor” accidents can cause serious back injuries. Accidents at just 10 miles per hour can cause whiplash or spinal damage, especially when larger vehicles like pickup trucks or large SUVs are involved.

Unfortunately, many spinal and back injuries tend to be overlooked because the pain doesn’t appear right away. A minor stiffness in the upper spine or lower back can lead to inflammation and intense pain a week later. Not seeking immediate medical care may make it impossible to document the injury. This can make it difficult for a car accident attorney to prove a personal injury claim.

If you are in a car accident in Texas, contact a car wreck attorney immediately to get advice on your case.

Common Types of Back and Spinal Injuries After a Texas Car Crash

Herniated or Bulging Discs

A high-impact crash with another vehicle can force your shock-absorbing discs out of place (a bulging disc) or can cause them to rupture (a herniated disc). The misaligned or ruptured disc puts pressure on the surrounding nerves, triggering intense pain.

The pressure on the nearby nerves can cause a feeling of numbness or tingling in your legs. In addition, damaged nerves in the area may result in muscle weakness, making it difficult to stand or sit. You may also experience radiating pain, or sciatica, that shoots up your leg and buttocks.

If your injuries aren’t treated, they can result in long-term damage or complications. Chronic pain can also create mobility problems, significantly reducing your quality of life. In more serious cases, disc injuries may require surgery.

Whiplash-Related Back Injuries

Although whiplash is primarily a neck injury, there is soft tissue damage that goes beyond the neck. The shoulder muscles and upper back can suffer significant strain as well, causing stiffness and pain. The violent motion of the neck snapping violently forward or backward also strains the lower back, causing ligaments and tendons to stretch or tear.

Spinal Fractures

Spinal fractures can be especially damaging. Compression fractures occur when the vertebra in the spine fractures, causing the bone to collapse or flatten. Besides intense pain, this can also lead to a loss of height and a change in posture. Burst fractures are more severe and occur when the entire vertebra fractures into multiple pieces.

Minor fractures can heal with a method called bracing, where the spine is held immobile for a period of time. However, more severe fractures will require surgery, especially if the spine is unstable or if the vertebra has shifted significantly.

Spinal Cord Injuries

Spinal cord injuries can be either complete or partial. Complete spinal cord damage typically leads to permanent loss of movement, resulting in paralysis or partial paralysis.

Partial spinal cord injuries mean some motor function and sensation remain, and with rehabilitation, individuals can regain function in the affected areas. However, partial spinal cord injuries can still leave long-term damage, like a loss of sensation to touch, heat, or cold. Others may experience loss of bladder control or bowel movements.

Chronic Back Pain and Degenerative Conditions

Chronic back pain is often the most difficult to diagnose, as it rarely shows up in X-rays. However, soft tissue injuries, like strained muscles or tendons, can aggravate pre-existing conditions, such as degenerative disc disease. They can also lead to long-term lower back pain.

These injuries can contribute to long-term mobility issues, too, such as difficulty walking and bending. And what may begin as minor spine damage can gradually worsen, reducing range of motion and causing nerve damage in the affected area.

Symptoms of Back and Spinal Injuries You Should Never Ignore

Spinal or back injuries may seem minor, but they aren’t always.

Here are some symptoms you should never ignore.

  • Persistent back pain: Back pain that lasts longer than a few weeks or worsens over time is a serious issue that could lead to chronic back pain later on in life.
  • Shooting pain down your arms or legs: This kind of radiating electric pain is known as sciatica and is due to nerve compression. If not treated, surgery may be required.
  • Numbness or tingling: Numbness in your legs, arms, or buttocks (saddle anesthesia) could turn into a long-term chronic issue.
  • Muscle weakness: Having difficulty walking, bending, or lifting things suggests you may have disrupted nerve signals. This only gets worse with time.
  • Loss of bladder or bowel control: This could mean you have Cauda Equina Syndrome, which is a medical emergency and could lead to paralysis.

Symptoms may not appear right after the accident. Inflammation can increase over days, causing swelling that presses against your nerves. In other cases, the damage to your body may be progressive. For example, a bulging herniated disc may rupture, or there may be gradual nerve compression.

If any of these symptoms appear days or weeks after your accident, contact an auto accident injury. An experienced attorney can help you file a personal injury claim.

What to Do After Suffering a Back or Spinal Injury in Texas

Seek Immediate Medical Attention

If you suspect you have a major back or spinal injury, treat it as an emergency, especially if you’re suffering from severe neck or back pain.

Next, get an MRI and a CT scan. CT scans are crucial for detecting any vertebral fractures, while MRIs can detect soft tissue injuries, nerve compression, and disc injuries.

Besides following treatment plans, make sure to keep a record of all your medical appointments and bills. If you fail to follow your treatment plan, insurance companies can argue that your injuries were not serious. This can destroy your chance of receiving compensation.

Document Everything

From the moment you have a car accident in Texas, begin documenting everything. Start by obtaining a copy of the police report. This official accident report contains observations by the police and important details about the accident.

If possible, take additional photos at the scene of the accident, such as the actual collision, your injuries, weather conditions, the roads (wet or dry), hazardous conditions, property damage, etc.

Lastly, as mentioned above, gather all your medical records, including X-rays, MRI scans, and doctors’ notes. You may also want to keep a journal of your daily pain and how that affects your day-to-day life.

Avoid Speaking to Insurance Adjusters Alone

Insurers often downplay back injuries or soft tissue injuries, so it’s best not to speak to insurance adjusters alone. Insurers like to contact victims quickly so they can find a way to reduce the claim’s value. Saying statements like “I’m fine” can be used to challenge the extent of your injuries. If you have any injuries from your accident, contact one of our auto accident lawyers first. And before providing a recorded statement, inform them that you would like to do so with your auto accident attorney present.

Texas Laws That Impact Back and Spinal Injury Claims

Texas Is a Fault-Based State

Texas is a fault-based state, which means that the person who is responsible for your back/spinal injury is responsible for the damages. If you have a spinal/back injury, you can file claims directly with the at-fault person’s insurance.

Modified Comparative Negligence Rule

Having said that, Texas follows the “modified comparative fault” rule, which assigns fault on a percentage basis. This means you can only recover damages if you are 50% or less at fault. For example, if you are 10% at fault and the other person is 90% of fault, your total compensation will be reduced by 10%.

Texas Statute of Limitations

Keep in mind that there is a statute of limitations in Texas. In general, you have two years from the date of the accident to file your claim.

However, there are exceptions.

  • Under 18: If you are under 18, the two-year date does not begin until your 18th birthday.
  • Mental Incapacity: If the victim is mentally incapacitated, the deadline is paused until they become mentally capable.
  • Discovery Rule: If the victim did not discover an injury, the two-year statute of limitations begins from the day of the discovery.
  • Wrongful Death: If there is a wrongful death, the two-year statute of limitations begins on the day of the victim’s death.
  • Defendant Absent From Texas: If the defendant is not in the state of Texas, the two-year statute of limitations is paused until the defendant returns.

Compensation Available for Back and Spinal Injuries in Texas

Compensation for back and spinal injuries in Texas can range from $10,000 to one million for severe cases.

Here is what compensation would cover:

  • Medical expenses (past and future): Compensation would cover emergency stays, doctor visits, medications, hospital stays, and any mobility equipment needed.
  • Surgery and rehabilitation costs: Compensation would cover any required surgery from the accident as well as rehab costs, such as physical therapy or vocational therapy.
  • Lost wages and reduced earning capacity: Victims are typically compensated for any lost wages while recovering, as well as the reduced ability to work or keep a job in the future.
  • Pain and suffering: Victims may receive compensation for the physical pain and suffering as a result of their injuries.
  • Mental anguish: There may also be compensation for the loss of enjoyment of life or the inability to participate in previous hobbies/activities.
  • Permanent disability damages: Compensation is awarded for long-term disability issues, such as paralysis or the need for mobility equipment, like wheelchairs.

Why Back and Spinal Injury Cases Are Often High-Value Claims

Back and spinal injury cases are often high-value claims because they typically result in long-term medical care. Spinal and back injuries tend to be recurring injuries, and they rarely heal quickly. In the case of herniated discs or a fractured vertebra, surgery may be necessary.

Some patients may require extensive physical therapy as well as assistive devices, such as wheelchairs, ramps, or lifts. Long-term illnesses and mobility issues can impact employment as well. And those with permanent disabilities may be forced to leave their jobs, resulting in less earning capacity.

In extreme cases of partial or full paralysis, patients may require 24/7 care and respiratory support. As this kind of care can cost millions over a lifetime, victims can also expect compensation to be in the millions.

How Haney Paschal & Romoser Can Help

If you have suffered a back or spinal injury after a car accident in Texas, contact one of our car wreck lawyers immediately.

Here is how we can help:

  • Investigate the accident: We’ll gather all the evidence, like medical reports, official crash reports, and eyewitness statements, to build a strong case.
  • Work with medical experts: Our team works with your medical experts to determine past and future medical expenses.
  • Calculate long-term damages: Based on all the evidence collected and your injuries, we’ll calculate the long-term impact, like lost wages, emotional suffering, and physical rehabilitation.
  • Negotiate with insurance companies: After we establish an accurate value of your claim, we’ll negotiate with insurers to ensure the settlement is fair.
  • Prepare cases for trial when necessary: Our experienced auto accident lawyers can prepare your case for trial if a settlement isn’t possible. We have courtroom experience and have an excellent understanding of Texas laws.

When to Contact a Texas Back Injury Lawyer

Not every car accident in Texas requires an injury lawyer.

But contact our team if you have the following:

  • Severe pain after an accident
  • Insurance disputes
  • Permanent impairment
  • You’re unsure of your rights

Schedule a Free Consultation Today

Need an auto accident attorney in Texas? At Haney Paschal & Romoser, we offer a free consultation and no upfront fees. We have served injured clients across Texas for over 30 years, and we have the resources and attorneys to handle any type of car accident in the state. We also offer a contingency fee structure, meaning we only get paid if we win or settle your case.

Contact one of our car accident lawyers today to schedule a free personal injury consultation.

FAQ’s – Spinal Injuries After A Car Accident In Texas

What are the most common back and spinal injuries after a car accident?

Car accidents can cause a variety of spinal injuries, including herniated discs, spinal fractures, soft tissue damage, and spinal cord injuries. Even low-speed collisions can lead to significant back pain or long-term mobility issues.

How do I know if I have a spinal injury after a car accident?

Symptoms may include severe back pain, numbness, tingling in the arms or legs, muscle weakness, or difficulty moving. Some spinal injuries take hours or days to appear, so medical evaluation is important after an accident.

Should I see a doctor even if my back pain seems minor?

Yes. Back and spinal injuries may worsen over time if untreated. A medical evaluation helps diagnose hidden injuries and creates documentation that may be important for a legal claim.

What compensation can I recover for a spinal injury after a car accident?

Victims may be able to recover compensation for medical expenses, lost wages, rehabilitation costs, pain and suffering, and long-term disability related to the injury.

How long do I have to file a claim for a spinal injury in Texas?

Under Texas law, most personal injury claims must be filed within two years from the date of the accident. Missing this deadline may prevent you from pursuing compensation.

Can spinal injuries from car accidents cause long-term problems?

Yes. Some spinal injuries can lead to chronic pain, limited mobility, nerve damage, or permanent disability. Early diagnosis and treatment are critical for recovery.

What evidence helps prove a back or spinal injury claim?

Medical records, imaging tests such as MRIs or CT scans, accident reports, witness statements, and expert medical opinions can all help support a spinal injury claim.

Can I still file a claim if symptoms appear days after the accident?

Yes. Many back and spinal injuries develop gradually after a collision. It is important to seek medical attention as soon as symptoms appear and consult with an attorney.

Do I need a lawyer for a spinal injury car accident case?

Spinal injury claims can involve complex medical evidence and significant damages. An experienced attorney at Haney Paschal & Romoser can help investigate the accident, negotiate with insurance companies, and pursue fair compensation.

When should I contact a personal injury attorney after a car accident?

It is best to contact an attorney at Haney Paschal & Romoser as soon as possible after an accident, especially if you suspect a serious injury. Early legal guidance can help protect your rights and strengthen your case.