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Founding Member & Managing Partner at Gina Corena & Associates
Practice Areas: Personal Injury
Back pain is one of the most common injuries after a car accident. Even a minor collision can lead to lasting discomfort, affecting daily life, work, and overall well-being. Many accident victims in Las Vegas wonder if they can file a claim for back pain and get compensated for medical treatments, lost income sources, and other damages. The answer is yes, but navigating the legal process can be complex.
Understanding how compensation works for back pain after a car accident is essential to building a strong claim. Nevada’s legal framework, the severity of the injury, and supporting evidence all play critical roles in determining compensation. In this guide, we will explain everything you need to know about filing a back pain claim, the challenges involved, and how you can secure the compensation you deserve.
Back pain can range from mild discomfort to chronic, debilitating pain. When filing a claim, compensation can cover several damages:
Medical expenses, including emergency visits, physical therapy, and long-term treatments. Lost wages if the injury prevents you from working or affects future earning potential. Pain and suffering account for the physical and emotional distress caused by the injury. Lower back pain after a car accident can be challenging to manage and may require extended medical care.
Insurance companies often challenge these claims, making it crucial to have substantial medical documentation and legal representation
Back pain injuries can result from various types of collisions, including rear-end accidents, side impacts, and high-speed crashes. Common causes of back pain in accident victims include:
Whiplash, which can strain the neck and upper back muscles due to sudden movement. Herniated discs are where spinal discs rupture or bulge, pressing on nerves and causing severe pain. Spinal fractures can result in long-term mobility issues and chronic pain. Soft tissue injuries, including strains and sprains, may worsen over time. Compression fractures, often seen in older victims, lead to a collapsed vertebra. Facet joint injuries can restrict movement and cause chronic discomfort. Spondylolisthesis is a condition where vertebrae slip out of place, leading to persistent lower back pain. These injuries can have long-lasting effects, making it essential to seek medical attention immediately after an accident, even if symptoms are not immediately apparent.
In Nevada, several legal principles determine whether you have a valid back pain claim after a car accident
Comparative Negligence in Nevada: Under Nevada’s modified comparative negligence rule (NRS 41.141), an injured party can only recover damages if they are less than 51% at fault for the accident.
Negligence is a key factor in filing a claim. If another driver’s reckless behavior caused the accident, you have the right to seek compensation. Common examples of negligence include distracted driving, speeding, and irresponsible behavior
Strict liability applies in cases where a defective auto part contributed to the accident. If a manufacturer’s faulty design caused the crash, they could be held accountable.
Statute of Limitations for Filing a Claim: In Nevada, car accident victims have two years from the date of the accident to file a personal injury lawsuit (NRS 11.190)
Proving causation is another crucial element. You must demonstrate that your back pain is caused by the accident and not an existing condition. Strong medical records and expert testimony help establish this link
Taking the proper steps after an accident can impact your ability to secure compensation for back pain. Here’s what you should do:
Seek medical attention immediately, even if symptoms are minor. Some injuries take time to appear. Document your symptoms by keeping a record of your pain progression, medical visits, and treatments. Gather evidence, including accident reports, witness statements, and photos of the scene. Be cautious when speaking to insurance adjusters. Avoid recorded statements without legal guidance. Consult with a personal injury attorney to understand your options and protect your rights.
Chronic pain is more complicated to prove than immediate injuries, making insurance companies more likely to challenge claims. Common challenges include:
Delayed symptoms, as back injuries sometimes take days or weeks to appear, leading insurers to question the connection to the accident. Medical evidence must show that the accident caused the back pain and that it wasn’t a pre-existing condition.
Chronic Back Pain Compensation Challenges: Insurance companies may argue that chronic back pain is a pre-existing condition rather than a result of the accident. Proper medical records and expert testimony are crucial to proving your claim.
Working with a skilled personal injury attorney can help overcome these obstacles and ensure that your case is well-supported.
| Compensation Type | Description |
| Medical Expenses | Covers ER visits, surgeries, rehab, and medication. |
| Lost Wages | Reimbursement for missed work due to recovery. |
| Pain & Suffering | Compensation for physical pain and emotional distress. |
| Reduced Earning Capacity | If the injury limits future work opportunities. |
| Long-term Disability | Benefits for permanent mobility limitations. |
Yes, if your injury is linked to the accident and backed by medical documentation. The claim covers medical expenses, lost wages, and pain & suffering.
Compensation varies based on injury severity, medical costs, and long-term impact on your life. Severe cases involving disability receive higher payouts.
Yes. Back pain symptoms often appear later. Seek medical attention immediately to connect your pain to the accident in your claim.
Medical records, doctor’s testimony, and diagnostic imaging (X-rays, MRIs) help strengthen your case and make a direct connection between your injury and the collision.
Insurance companies often downplay chronic pain injuries. A personal injury attorney can challenge denials and negotiate for fair compensation.
It depends on medical recovery time, insurance negotiations, and case complexity. Some cases settle in months, while others require litigation.
Back pain after a car accident can lead to long-term suffering and financial strain. If another party caused the accident, victims have the right to compensation. Documenting injuries, seeking medical care, and following legal procedures are essential to securing fair compensation.
Nevada’s comparative negligence rule and statute of limitations make legal guidance crucial for maximizing a claim. An experienced personal injury lawyer can help navigate legal complexities and counter insurance tactics and ensure you receive the compensation you deserve.
If you are suffering from back pain after a car accident, don’t face the legal process alone.
Contact Gina Corena & Associates today for a free consultation, and let us fight for your rightful compensation.
As founder of Gina Corena & Associates, she is dedicated to fighting for the rights of the people who suffer life-changing personal injuries in car, truck and motorcycle accidents as well as other types of personal injury. Gina feels fortunate to serve the Nevada community and hold wrongdoers accountable for their harm to her clients.
