IN A WRECK?NEED A CHECK?CALL 24/7 FOR A FREE CONSULTATION 913.602.7288
Kansas City Accident Attorney - Back Injury
Kansas City Back Injury Attorney Kansas accidents, causing back injury (often related to car accidents) are common for personal injury lawyers to see. A back injury is often combined with injury to the neck, shoulders and soft tissue. Direct impact to the back is not necessary. Whiplash (an injury caused to the neck due to forceful, rapid back-and-forth movement of the neck, like the cracking of a whip), for example, can also result in injury to/ pain in the back. This form of injury, according to the CDC, accounts for millions of days, and millions of dollars, spent in the the hospital yearly.
Although back injury often occurs, it is among the most difficult to diagnose and treat. The spine is composed of thirty-three bones and tissues, from the skull to the pelvis. The spinal cord (cylinder of nerve tissue) is enclosed and protected by these bones (vertebrea). An intervertebral disc, or band of cartilage, is between each of the vetebrae and acts as shock absorbers. An injury to one of the vetebrae, discs or spinal cord can cause debilitating and excruciating pain. Many attempt self-care, instead of seeking medical attention, when dealing with back pain. However, a true injury will prevent you from enjoying life, working, sleeping, etc...and likely requires physician care, and will cause ongoing pain. If you sustained a back injury, you need a back injury lawyer to get you the compensation you deserve. Call Attorney T. Morton today @ 913.602.7288 or complete this FORM.
When to Seek Medical Attention We suggest, immediately following any accident you seek medical attention. However, if you wait, it is suggested you seek care when:
Pain prevents you from moving
Pain goes down your leg
Your leg, foot, groin or rectal area feel numb
You have fever, nausea, stomach pain, weakness or sweating
You lose bladder or bowel control
You don't notice improvement in your back health after two weeks
Causes of Back Injury There are a number of cause incident that may cause spinal injuries, including those to the neck and back, to include:
In medical terms, there are two common types of back injury, according to WebMD - spondylolisthesis and cervical radiculopathy. Each has its own set of symptoms, causes and treatments.
Spondylolisthesis Spondylolisthesis is a slipping of vertebra that occurs, in most cases, at the base of the spine. Spondylolysis, which is a defect or fracture of one or both wing-shaped parts of a vertebra, can result in vertebrae slipping backward, forward, or over a bone below.
Causes Spondylolisthesis has a number of causes. It can be: a vertebra defective at birth, caused by vertebra trauma or stress, or be as a result of infection or disease. If spondylolisthesis was not caused by the accident but, exacerbated by, or re-injured because of it, you still may be entitled to compensation.
Lower back pain
Muscle tightness and stiffness
Pain in the buttocks
Pain radiating down the legs (due to pressure on nerve roots)
Physical Therapy - can be used to increase/improve strength, thereby relieving pain
Medication - pain relievers, epidural steroid injections and anti-inflammatory medication are sometimes used to reduce/alleviate pain and/or swelling
Decompressive Laminectomy - spinal canal is widened (to provide more room for nerves and a spinal fusion is performed to stabilize the spinal cord)
Implanted Device - used to stabilize the vertebrae in the lower back while allowing normal movement
Cervical Radiculopathy Cervical radiculopathy is the damage or disturbance of nerve function that results if one of the nerve roots near the cervical vertebrae is compressed. Damage to nerve roots in the cervical area can cause pain, weakness, and the loss of sensation in the neck, arms, or shoulders, depending on where the damaged roots are located.
Causes Cervical radiculopathy can be as a result of pressure caused by material from a ruptured disc, degenerative changes in bones, arthritis, or other injuries that put pressure on the nerve roots. The material then compresses the nerve root and causes pain.
Pain that goes into the arm, neck chest, and/or shoulders
Muscle weakness and/or numbness
Tingling in the fingers or hands
Lack of coordination, particularly in the hands
Physical Therapy to reduce pain and increase strength
Prescribed steroid treatments (oral or injected)
Surgery to relieve pressure
The seriousness of your injury and/or the amount of pain you are experiencing will dictate your treatment needs. Treatments, for you back injury symptoms, are oftentimes combined. Beyond physical therapy, pain medication and surgery, your treating physician may also recommend chiropractic care, massage and other forms of therapy.
What am I entitled to for my back injury? Back injury, generally, directly interferes with your ability to complete everyday activities without pain. It also can hinder your enjoyment of extra-curricular activities you once participated in. Kansas law requires that if a person is found negligent he or she may be held financially responsible for your damages, such as pain and suffering and loss of enjoyment of life. The at-fault party may also be held responsible for compensatory damages, such as:
Loss of future income
Loss of household services
NEGLIGENCE DEFINED Negligence is defined as the failure of a person, company, government agency or other entity to operate or function with the same level of care that another responsible party would use in the same circumstances.
How long will your case take to be resolved? Resolving a personal injury case can be as short as several days, or as long as several years. There are many factors that go into determining how long a personal injury claim can take to resolve, and Attorney T.Morton can adequately explain these factors to you. Contact us for your free consultation 913.602.7288 or complete this FORM.
Why hire a back injury attorney? An attorney can help you consider how this injury will effect you over your lifetime. You may require ongoing medical care, therapy, assistance, etc...Have you considered that you may not be able to fully perform your job duties, which could cause you to be terminated from your job? Have you considered that you may never stop having back spasms that require medical treatment and medication? These are a couple, of the many, questions a trained attorney will consider when seeking compensation for your back injury. This injury is difficult, but not impossible to diagnose, and the laws are complex. You need an attorney by your side. Call Attorney T. Morton today @ 913.602.7288 or complete this FORM.
SPEAKING TO THE KANSAS CITY INSURANCE COMPANY Surely you have seen the commercials, and read the blogs, that instruct you not to speak to the insurance company before speaking to a Kansas City attorney. This may leave you wondering what to say, since at the very minimum you have to notify them of your accident. Giving the basics is best, as follows:
Where the accident occurred. You can share specific streets, locations, etc...but do so precisely (ex. "The car crash was at 5th & Main Street, Kansas City, Kansas 66210.");
When the injury took place. This is only to include the month, day, year and time of the accident (ex. "Tuesday, November 15, 2016 at 12:50 p.m..");
The type of accident. Be careful here not to draw conclusions, give details or take fault for the accident (ex. "The accident was a car vs. car.");
You were injured and have/plan to seek medical care. If you have already received care for something (ex. a cut that required stitches on the date of the accident) you can share that with the insurance company. Make certain to also tell the adjuster that the full extent of you injuries are still under investigation and that the necessary details will be provided through your attorney. Do not minimize you injuries. Do not say that you are only seeking medical attention for a specific injury. There may be injuries that you cannot see and/or that take weeks to manifest.
Who/what was involved. State just that and only that (ex. "My 2010 Saturn, L200 and the other party's 2012 Toyota, 4Runner.").
It probably will feel strange to speak in this matter-of-fact fashion. To make this easier, we suggest that you set boundaries at the beginning of the conversation (ex. "This accident and my injuries are still under review, and I am under/will be seeking medical care and professional advice. I will be providing you only with the details necessary to notify you that I was in an accident that caused me injury and damages.") Remember- Do not put anything in writing, sign any documents, or allow a recorded conversation without speaking to an attorney first.
Because Kansas is a "no-fault" car insurance state, you will have to make a report to your personal insurance company too. You will likely have, as part of accepting your insurance policy, already given them rights to records, information, etc...You should cooperate with your insurance company while will still remaining firm in only providing the basics, pending full investigation into your damages and injuries. Remember that anything you say to your insurance company can be used against you later, by the at-fault party's insurance company, and will impact your future claim for compensation.
YOUR CONVERSATIONS WITH THE, AT-FAULT PARTY'S, KANSAS CITY INSURANCE COMPANY - QUICK TIPS
NO RECORDED STATEMENTS OR SIGNING OF DOCUMENTS. They may ask for your consent to record. Decline. If the adjuster refuses to complete the conversation, without recording, discontinue the call. Your permission must be given to be recorded. You may receive documents that appear to be (or are even titled as) "routine" or "normal procedure" do not sign those, or anything else without speaking to your attorney.
Be polite and calm. They are not your friend but, not your enemy either. Maintain a professional, and polite, demeanor and tone during your conversation. Understandably, this may an emotionally difficult time for you, but stay calm. If you feel yourself becoming overwhelmed (with anger, frustration, anxiety, fear, sadness, etc...), take a break or ask that the adjuster call you back. Don't feel pressured to continue if you cannot be both polite and calm. The adjuster is taking notes.
Document the name of the person you are speaking with, their agent number and, the date and time you spoke to them. Keeping records and being organized will benefit you in the long run. Your attorney will want this information too.
Give no details. As noted above, keep your statements to simply the facts and nothing more. It may be uncomfortable, and you may be tempted to get into a seemingly casual conversation with the adjuster, always remember the adjuster is not your friend and your statements now can be used to lower your compensation later.
Provide limited personal information. As mentioned above you don't need to give details additional details surrounding your personal information (ex. your work schedule or your family members' information).
Take notes. The car insurance company will be taking notes about your conversation, and you should too.
Do not give consent to access to your records. This includes medical records, employment records or other personal records. You also do not have to provide the name, address, phone number, etc...of any of the professionals from which you have, or will, seek care. Simply remind the adjuster that any pertinent information will be provided when you have full details, and after you speak to your attorney.
Don't agree to have an exam by, or in the presence of, anyone affiliated with the insurance company.
When in doubt speak to an attorney. You may have a gut feeling that you should not answer a question, or that you have lost control of the conversation. It is better to end the call and contact an attorney than to regret continuing later. Remember that the adjuster is a trained agent of the insurance company, and while you may have done this only once, they have done this hundreds of times.
TAKE ACTION TODAY The selection of T.Morton, and her personal injury team, is an important one and should not be taken lightly. We are dedicated to you and your case. We offer a competitive fee structure for winning your case. T. Morton, Kansas personal injury lawyer, will help you through the process and assists you in getting the compensation you deserve. Contact us for your free consultation 913.602.7288 or complete this FORM.
Copyright, T.Morton 2017. The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing it does not constitute, an attorney-client relationship.