Am I Entitled to a Personal Injury Claim for a Lumbar Strain?

by Toy

I was rear-ended and went to the hospital the same day. The doctor reported a cervical strain after complaints of my neck and upper back.

An X-ray was done on both but i guess no injuries were found in my upper back or the strain found in the neck. Over a period 0f 2 days I've had severe lower back pain. I went for a doctors visit and the x-ray reports muscle tenderness and spasm, the doctor reported it as a lumbar strain.

Am i entitled to compensation? What steps do i take to do it on my own?

Visitor Question:
Disclaimer: Information provided in our response is NOT formal legal advice. It is generic legal information based on the very limited information provided. Under no circumstances should the information in our response, or anywhere else on this site be relied upon when deciding the proper course of a legal matter. Our response does NOT create an attorney-client relationship. Always get a formal case review from a licensed attorney in your area.

ANSWER for "Am I Entitled to a Personal Injury Claim for a Lumbar Strain?":

Well the measure of damages is your medical expenses, typically. So, if you have not obtained ANY medical treatment, it is unlikely that you would be compensated. However, it does sound like you were injured, therefore you need to go to the doctor and take care of yourself.

Sometimes a chiropractor, complimented by physical therapy for example, will heal soft tissue injuries like yours. A soft tissue injury is one which impacts your muscles and nerves (as you have described, i.e. muscle spasms and pain), but no broken bones or need for surgical intervention.

You need to see you doctor and follow a medical treatment plan closely. When your doctor releases you from his or her care, you will then be in a better position to settle the case.

Of course, you do want to advise the other party's insurance carrier that your are currently treating with a doctor.

The above is general information. Laws change frequently, and across jurisdictions. You should get a personalized case evaluation from an attorney licensed in your state. Find a local attorney to give you a free case review here, or call (888) 647-2490.

Best of luck,

Judge Calisi

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Comments for Am I Entitled to a Personal Injury Claim for a Lumbar Strain?

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Car accident with neck injuries and back surgery...
by: Anonymous

I was involved in a car accident (Van) in June 2015. A driver texting backed out of parking space and slammed into my drivers side door pushing my car about 20 feet. I was taken to hospital via ambulance with neck pain.

I received treatment from chiropractor (20 visits) MRI showed herniated disc at L5 lower back and 3 bulging disc in neck. I received numerous epidural injections,nerve blocks in both neck and back.

Finally had (Microdiscectomyā€ˇ surgery) on my back in Nov 2015. My doctor said I would most likely have chronic pain in neck for rest of my life. The other insurance company accepted 100% fault with $1,000,000 policy coverage. I am now ready to settle my case.

What would be a good settlement to send in a demand letter? Thank You!

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