Back Injuries
Table of Contents
The back is a complex system of muscles, tendons, ligaments, joints, and nerves that protect one of our bodies’ most delicate structures: the spinal cord. The spinal cord acts as a neurological superhighway, sending signals and impulses from the brain to other parts of the body. If a person sustains a severe back injury that causes damage to the spinal cord, they can permanently lose their mobility.
Other common types of back injuries include:
- Herniated discs
- Spinal fractures
- Spinal stenosis
- Spondylolisthesis
- Soft tissue injuries
- And more
Extending from the neck to the pelvic, the back is highly susceptible to general pains and aches; their frequency and duration tends to increase as people age. People can sustain back injuries by engaging in any number of commonplace activities, from playing sports, lifting heavy objects, working around the house, and even getting out of bed. However, many serious back injuries are often sustained in traumatic motor vehicle collisions and slip and fall accidents.
Depending on the severity of the injury and its effects on an accident victim’s quality of life, people who sustained back injuries because of someone else’s negligence might be entitled to compensation. If you incurred financial losses because of the back injury you sustained in an accident, contact Preszler Injury Lawyers today.
Back Injuries Caused by Ice and Snow
In Ontario, improperly cleared ice and snow on commercial and residential properties are among the most common causes of slip and fall accidents resulting in back injuries. In accordance with the province’s Occupiers’ Liability Act, the people responsible for a property’s maintenance are required to take appropriate measures to protect the physical safety of people visiting their premises. They have a legal obligation to consider the safety of customers, employees, guests, neighbours, delivery agents, passersby, and anyone else who might be interacting with their space. As such, in the winter months, property owners/occupiers are obligated to properly clear or adequately warn guests about hazardous ice and snow on the premises.Â
If a property owner/occupier knows about potentially dangerous patches of ice and snow on their premises– or should know about them– but fails to take appropriate measures to address them, they could be considered negligent if an injurious slip and fall accident ensues as a result. Therefore, they could be responsible for providing injured accident victims with compensation for damages they incur because of their injuries.Â
However, in accordance with Bill 118, Ontarians who are injured by ice and/or snow on someone else’s property have only a short time to act. Failing to file a notice of claim within 60 days of the accident will disqualify injured accident victims from pursuing legal action against the negligent property owner/occupier in the future.Â
That is why, if you sustained a back injury on someone else’s property because of improperly cleared ice or snow, it is imperative that you speak with an Ontario personal injury lawyer as soon as possible.Â
Back Injuries Caused by Car Accidents
If you injured your back in a car accident, regardless of which driver was responsible for causing the collision, you should be entitled to accident benefits through your automobile insurance provider to help offset your injury-related costs. Unfortunately, the amount of benefits available to injured survivors of motor vehicle collisions may not sufficiently cover their total losses, especially if the back injury leads to chronic pain or paralysis.
If your collision was the result of another driver’s negligence, our personal injury lawyers serving Ontario may be able to help you file a civil claim against the responsible party. By doing so, you may be able to recover the maximum amount of damages to which you are entitled. To learn more, call 1-800-JUSTICE today.
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Back injuries can be disruptive and painful. They can also impede an injured accident survivor’s ability to perform the duties of their job for prolonged periods of time, causing them to incur substantial financial losses.
To learn how Preszler Injury Lawyers may be able to help you recover the compensation you are rightfully owed, contact us today and take advantage of a free initial consultation with our Ontario personal injury lawyers.
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Personal Injury FAQs
Here are some commonly asked questions for personal injury claims
What does a lawsuit look like?
Every personal injury lawsuit is generally comprised of five main parts. The length of time each part takes can vary depending on the complexity of your case. Your lawyer will help you through each stage by providing tailored advice and strong legal representation.
You can expect:
- Statement of Claim: This is a formal document that initiates the personal injury claim against the at-fault party (or individual you are suing).
- Examination for Discovery: This is a meeting where you and your lawyer will ask the opposing party questions about the claim, the accident, fault, and anything else that is deemed relevant. The opposing party will also have the opportunity to ask you questions.
- Gathering of Evidence: Your legal team will gather a variety of evidence on your behalf to strengthen your claim. This might include medical records, police reports, images from the accident scene, witness testimony, expert opinions, and more.
- Mediation: If you would like to attempt to settle without going to trial, you will likely undertake mediation. Mediation involves you and the opposing party negotiating the terms of your settlement with the assistance of a neutral third party.
- Trial: If you are unable to reach a settlement during mediation, your claim will proceed to trial. During trial, your lawyer will present your case and the evidence they have gathered before a judge (and sometimes a jury). Once complete, the judge will decide the final amount of compensation you’re entitled to.
It’s important to note that a majority of personal injury claims are settled through mediation, out of court. Our Toronto personal injury lawyers help guide clients through each of these stages, so they don’t have to navigate the legal complexities alone.
How much will I have to pay for lawyers’ fees?
Our personal injury lawyers work on a contingency-fee basis, meaning we only get paid if you win your case. A percentage of the settlement you receive will go towards lawyers’ fees. There are no upfront, out-of-pocket payments required.
What type of compensation can I expect to get?
When you’re injured in an accident due to someone else’s negligence, there are many different types of compensation you may be eligible to receive. The amount and kind will depend on the severity of your injury and the specifics of your case.
Common damages you might claim include:
- Pain and suffering
- Out-of-pocket expenses
- Loss of income
- Housekeeping losses
- Medical costs
- Legal costs
- And more
Our experienced Toronto personal injury attorneys will help maximize what you can recover by exploring your case and eligibility in depth. We aim to ensure that the compensation you receive reflects not only your current suffering, but the lifelong effects that your accident may have in the future.
When can I sue for non-pecuniary general damages (e.g. pain and suffering, loss of enjoyment of life, etc.)?
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the “threshold.” If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
How long will it take to settle my case?
The length of time it takes to settle a case depends on several factors, including the complexity of the case, the extent of your injuries, and whether the other parties involved are willing to settle. Some cases can be settled in a few months, while others can take years.
How long will the process take?
The length of time a personal injury claim can take varies widely according to the specifics of your case. While some cases settle in a matter of months, some can take anywhere from two to four years.
Some factors that affect the duration of personal injury claims include:
- Complexity of your injuries
- Each party’s willingness to settle
- Whether a claim goes to court
- Insurance company cooperation
- Availability of evidence
- And more
When liability is clear or injuries/damages are more clearly documented, cases may move faster. A personal injury lawyer will make sure the process keeps moving, although sometimes delays (like court backlogs) are unavoidable. Seeking personal injury legal advice early may help you streamline your timeline.
How long do I have to sue?
In Ontario, generally speaking you have two years from the date of your injury-causing accident to file a claim. However, based on the circumstances of your individual case, this timeline could be subject to additional limitations.
Do I have a strong case?
After taking advantage of a free initial consultation with our personal injury lawyers, the strength of your case can be evaluated based on the evidence available and the specific circumstances of your accident. Our personal injury lawyers offer case-specific legal feedback to help you understand the strengths and weaknesses of your case and advise you on legal options that might be available.