Back pain following a car accident: Compensation (your rights explained)

car accident causing vertebra fracture

When a person is involved in a car accident causing significant back pain, it is essential to know the rights and possible compensation for bodily injury and property damage. Indeed, accident victims may be entitled to compensation for the suffering and inconvenience associated with back pain resulting from the accident.

This depends on several factors, including the level of responsibility of the victim in the accident and the guarantees taken out in his insurance contract. It is important to see a doctor to establish the link between back pain and the accident and to document all treatments and associated medical costs. In the event of a conflict, it is advisable to seek the help of a lawyer specialized in defending the rights of road accident victims.

This article explains in detail the process for obtaining compensation following a car accident.

Medical consequences and management

Back Pain and Back Injuries

After a car accident, it is common to suffer from back pain, neck pain, or dorsal pain. Impacts during an accident can cause damage to vertebrae, muscles, as well as ligaments and other soft tissues of the back and neck.

Back pain can be cervical in nature (rabbit's neck, cervical sprain, cervical hernia, etc.), lumbar (herniated disc, lumbago, spondylolisthesis, etc.). It may also have a vertebral fracture to degenerative disorders aggravated by the accident.

Medical care and treatments

Following a car accident, it is crucial to consult a doctor for a complete health check. The doctor will assess the injuries, perform a thorough clinical examination and may prescribe additional examinations (X-ray, MRI, etc.). Following this assessment, the doctor will draw up a medical certificate detailing the injuries and their consequences on the patient's health.

Medical management varies depending on the severity of the injuries. It is important to carefully follow medical recommendations regarding rest, exercise and treatment to promote optimal healing and minimize long-term sequelae.

Compensation Following a Car Accident

Types of damage covered

When a person is the victim of a car accident, it may be eligible for a compensation for damages suffered (such as back pain). There are several types of damage that can be taken into account by insurance companies, depending on the circumstances of the accident and the level of responsibility of the parties involved.

  • Injury : This type of damage relates to injuries and trauma suffered by the victim during the accident. Car accidents can cause injuries, including back pain which can be covered by compensation. It is important to go to the hospital and see a doctor as soon as possible after the accident, in order to establish a link between the injuries and the accident.
  • Property damage : This is the damage caused to the car and personal property that was inside the vehicle at the time of the accident. I'compensation depends the guarantees taken out in the insurance contract, the circumstances of the accident and the level of responsibility of each.
  • Moral damages : This type of damage concerns the psychological and emotional impact that a car accident can have on the victim. The insurances can take into account the moral damage suffered and include compensation for this reason.
  • Medical and rehabilitation costs : The medical care and treatment needed after a car accident can be expensive. The compensation may cover all or part of these costs, depending on the terms of the insurance contract.
  • Loss of income : If the victim is temporarily or permanently unable to work following the accident, he can be compensated for the loss of income suffered.

It is important to inform your car insurance as soon as possible following the accident. You must also mention all the details related to the accident (such as the date, circumstances, etc.)

Liability and car insurance

Determine responsibility

In the event of a car accident, it is essential to determine the responsibility of each driver involved. This responsibility is assessed according to the circumstances of the accident and the testimony of the parties concerned. The insurer will use the information collected to establish the share of responsibility of each driver, which will have a direct impact on the compensation received.

Insurance guarantees and coverage

The guarantees taken out in your car insurance contract determine the level of cover in the event of an accident and the compensation to which you can claim. The guarantees vary from one insurance company to another and can include, among others, civil liability, legal assistance and driver's protection.

If you are not responsible for the accident, you will be fully compensated by the responsible driver's insurance company of the disaster. This includes in particular the costs related to your work stoppage and health costs not covered by your health insurance.

On the other hand, if you are responsible or partially responsible, the compensation will depend on your level of responsibility and the guarantees taken out in your insurance contract.Car Insurance.

Vehicle Expertise

Following an accident, an appraisal of the vehicle is generally carried out to assess the material damage and determine the amount of compensation that will be offered to you by the insurer. It is important to provide the necessary documents and evidence to facilitate this expertise and obtain fair compensation in the event of back pain following a car accident.

In the event of disagreement on the amount proposed by the insurer, it is possible to call on a specialized lawyer in road accidents and compensation to help you better defend your rights and obtain compensation more in line with your needs.

It will then be necessary to provide supporting documents explaining the insufficient amount. This can include financial losses related to work stoppage, costs related to medical care, etc.

Be careful, however, to carefully weigh the cost of this approach and the potential gains before you start.

Assessment of damages and calculation of compensation

Medical expertise and bodily injury

Compensation for injury following a car accident, such as back pain, largely depends on themedical expertise carried out by an expert doctor. This expertise makes it possible to assess the damages suffered by the victim and to determine the severity of the sequelae (physical, psychological, moral, aesthetic, etc.).

It is important for the victim to build a solid medical file including all examinations, treatments and medical fees resulting from the disaster.

The victim can be a driver, a passenger, a pedestrian or any other person involved in the accident.

During the expertise, the medical expert takes into account various elements such as the period ofwork stopping, medical examinations (eg. IRM or x-ray), and any complications related to injuries (eg. disability due to potentially permanent sequelae). He also does a clinical examination to finally propose a expert report.

Procedure for obtaining compensation

To obtain compensation following a car accident, the victim must follow certain steps. As a first step, it is important to gather all the necessary documents concerning the property damage and bodily injury caused by the accident. Then, the victim must send a request for compensation to his insurer or to that of the opposing party, depending on the rights of of each one.

According to the Badinter law, the insurance must present a compensation offer bodily injury within a maximum period of eight months from the date of the event. This offer is considered as a provision in case the insurer does not have all the information necessary to determine the final compensation.

The calculation of compensation for bodily injury will be assessed according to the DINTILHAC nomenclature which gives a list of damage items likely to be compensated (Source). However, depending on the type of accident, all damage items will not be compensable or will be compensated on a lump sum basis, unlike common law.

In the event of a disagreement between the victim and the insurer on the amount of compensation, the victim may enter a judge to settle the dispute. However, it is always preferable to favor negotiation and mediation to resolve disputes and reach an amicable agreement.

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