It’s easy to take your back for granted until an injury impacts your ability to move comfortably. Maybe a careless driver hit you, or you tripped and fell while shopping. Perhaps repetitive motions on the job eventually led to a debilitating back strain. Depending on the circumstances, you may be entitled to compensation in North Carolina — and the team at Houser Injury Law wants to help you pursue it.

With more than 40 years of experience in the legal profession, Attorney Jackie Houser is a proven litigator with a singular focus: helping people obtain justice and accountability when they have been wrongfully harmed. We understand that you’re going through a painful and costly ordeal, and we’re here to provide honest and effective legal representation, with no legal fees unless we recover compensation for you.

The legal process starts with a free consultation. Contact Houser Injury Law for a free consultation with a back injuries lawyer in Wilmington today.

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Common Causes of Back Injuries in Wilmington, NC

Back pain is a frequent result of accidents and can result in long-term consequences. One study published in JAMA Surgery found that more than one-quarter of patients who had experienced major trauma reported back pain one year after their injury.

The most common causes of back injuries in Wilmington include:

  • Boating accidents
  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian collisions
  • Dangerous or defective products
  • Medical malpractice
  • Slip-and-falls and other types of premises liability accidents
  • Workplace injuries

Compensation Available for Back Injury Victims

Back pain threatens an accident victim’s quality of life and financial stability. Medical treatment, rehabilitation, prescription medication, and lost income from time missed at work can contribute to significant hardships. When another party is legally responsible for those injuries, North Carolina law allows victims to seek financial compensation through an insurance claim or back injury lawsuit.

A back injury settlement in NC could include money for your:

  • Past and current medical bills
  • Future medical expenses
  • Physical therapy and rehabilitation costs
  • Prescription medication
  • Medical equipment to assist with mobility
  • Lost wages
  • Reduced future earning capacity, if the injury results in long-term impairment
  • Pain and suffering
  • Emotional distress
  • Permanent disability or disfigurement
  • Loss of enjoyment of life
  • Costs of household assistance
  • Necessary home or vehicle modifications

What If My Back Injury Happened at Work?

If the injury happened at work, different rules apply. You will need to notify your employer and file a claim with the N.C. Industrial Commission to seek workers’ compensation benefits. If approved, workers’ comp can pay for reasonable medical treatment, offset a portion of your lost wages, and compensate you for long-term disability.

If you were injured on the job, you generally don’t have to prove your employer was negligent. However, the Workers’ Compensation Act (N.C. Gen. Stat. Chapter 97) requires that an injury arise “out of and in the course of the employment.” For a back injury to qualify, it must also result directly from a specific traumatic incident involving the work you were assigned and cause a disabling physical injury to your back that is related to that incident.

Generally, N.C. workers’ compensation laws prevent injured workers from suing their employers. However, you may be entitled to recover from worker’s compensation and a third party if someone outside your employment relationship caused the injury. Let’s say you are driving for work and you are injured in a motor vehicle accident caused by an inattentive driver. You now have two claims: The first claim is a worker’s compensation claim; and, the second claim is a personal injury claim against the at-fault driver. Pursuing all possible claims can be confusing. A Wilmington back injury attorney at Houser Injury Law can review the facts of your case and identify all potential sources of financial recovery.

Personal Injury: How to Prove a Back Injury Claim

In personal injury matters — like motor vehicle accidents or a slip-and-fall —presenting an effective back injury claim means thatyou must establish that someone else is legally responsible, or liable, for what happened. Most personal injury back injury claims are based on the legal theory of negligence. In North Carolina, people generally have a duty to use ordinary care to protect themselves and others from injury. Ordinary care means the level of care a reasonable and prudent person would use under the same or similar circumstances (N.C.P.I.—Civil 102.11).

You can prove negligence in a personal injury claim by:

  • Establishing that the person or party who hurt you owed you a duty of care ‒ For example, all drivers have a legal duty to operate their vehicles safely and follow traffic laws.
  • Showing that a breach of duty occurred ‒ A driver who runs a red light breaches the duty of care.
  • Linking the breach to your injuries ‒ To further the example, you would show that by running the red light, the driver hit you and that you suffered a back injury as a result.
  • Proving your injuries have harmed you financially and personally ‒ Finally, you need to establish the financial and personal toll the injury took on your life through proof like medical bills, pay stubs, long-term disability, lost quality of life, and pain and suffering.

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How North Carolina’s Contributory Negligence Rule Can Affect Your Claim

In personal injury cases, building a strong back injury case is crucial because of North Carolina’s contributory negligence rule. Under this rule, an injured person cannot recover compensation for an injury if their negligence contributed to the injury in any way. In other words, if a court weighs the evidence and finds you 1% at fault for your back injury, you lose your right to compensation. Certain exceptions like the last clear chance rule might apply to your case if the other person had the final opportunity to avoid the accident and failed to do so. A Wilmington personal injury lawyer can explain how these rules may apply to your circumstances.

Why Hire Houser Injury Law for a Wilmington Back Injury Case?

Clients choose Houser Injury Law because we have helped North Carolina injury victims for over four decades and have a track record of successful verdicts and settlements. We know what to expect at each stage of your case and approach things with compassion and personalized attention. As past client Pam Smith says:

“I was inadvertently involved in a horrific car crash while visiting Wilmington last year. Houser Injury Law was recommended to me to handle my claim. Having never had to retain an attorney for any kind of accident before, I didn’t know what to expect. Ms. Houser was very professional, but at the same time kind and compassionate. I was anticipating speaking with her staff for the majority of the conversations, but Ms. Houser and I spoke multiple times. She asked me questions, listened to my concerns, and guided me through the entire process. The case was settled in a timely manner, and I was more than satisfied with the outcome! It was so reassuring to feel like someone had my best interest at heart during such a traumatic time.”

FAQs:

How much is a back injury settlement worth in NC?

Every back injury case is different, and the settlement you could be entitled to depends on the facts of your case. Contact an experienced personal injury attorney from our law firm today, and we can give you an estimate tailored to your unique situation.

How long do I have to file a back injury claim in North Carolina?

For personal injury claims, N.C. Gen Stat. § 1-52 generally gives you three years from the date of a back injury to file suit against the at-fault parties. Workers’ compensation claims are subject to two-year deadlines and require written notice to the employer within 30 days, with some exceptions.

Contact Houser Injury Law Today for a Free Consultation

Whether you were hurt by someone else’s negligence or suffered a job-related injury, a Wilmington back injury lawyer at Houser Injury Law is ready to answer your questions and guide you through your legal options. Call or contact our legal team today for a free, no-obligation consultation.