Calculating Damages In An Austin, Texas Back & Spine Injury Case

April 17, 2017 | By DJC Law Attorneys
Calculating Damages In An Austin, Texas Back & Spine Injury Case
Doctor examining back injury

This is the next post in our series on the handling of back and spine injury cases in Austin, Texas. Our last article discussed what you should expect while treating for a back injury. It is important to understand that the “treatment phase” of your case may take some time. Your future damages must be reasonably ascertainable before a settlement request can be sent to the insurance company. Retaining a personal injury attorney experienced in handling such matters can help to ensure that negotiations are properly conducted. In this article we will discuss how a victim’s damages are calculated in such cases. Contact our office today to speak with a lawyer.

The victim of an injury is entitled to payment for any medical expenses they have incurred as well as expenses they can expect to incur in the future. Future expenses will include the cost of surgeries, treatments, medications, rehabilitative therapy, and more. In the case of a back injury the situation will vary from case to case. One may have major spinal damage that could result in partial or complete paralysis. In lesser cases a victim may need to have joints fused which, in turn, will limit the victim’s mobility. Cases involving injuries which are not as serious may simply require trips to a chiropractor. In more serious matters it will be necessary to have medical professionals render an opinion regarding your long-terms needs. Again, one is entitled to be compensated for all medical care which will be needed as a result of the accident.

Victims are also entitled to payment for lost wages or earnings. This is true for earnings that have already been lost as well as future money that will be lost as a result of the accident. In a serious injury case it will be necessary to have a vocational expert render an opinion regarding one’s ability (if any) to return to the workforce. If one can return to the workforce, in a limited capacity, then it will be necessary to determine the amount of money they can now be expected to earn in the future and subtract from what they would have earned if the injury had not occurred. If one has to be retrained for a new profession then the cost of any such training will be included in their damages as well.

A third form of compensation is for pain and suffering. It goes without saying that a serious back injury can cause physical pain and greatly reduce one’s quality of life. The jury will consider how the injury has impacted your daily routine, your relationships with others, and the amount of pain you are in as well as the amount of pain you can be expected to endure in the future.

If you or a loved one have suffered a spinal injury then it is important to contact a lawyer experienced in handling such matters. Our Austin back injury attorneys have helped many negligence victims and are ready to render assistance. Contact us today. We also service Travis County cities which include Rollingwood, Round Rock, Elgin, Jonestown, Manor, Bee Cave, Lago Vista, Sunset Valley, Lakeway, Creedmoor, the Williamson County cities of Georgetown, Cedar Park, and Leander, as well as other areas of Texas.