Las Vegas Back Injury Lawyer

Who may be held liable in a back injury accident claim depends on several factors. 

1. Firstly, it’s important to determine if someone’s actions caused or contributed to the injury.
2. Secondly, in many cases, more than one party may share responsibility. Nevada law can allow fault to be divided between multiple parties based on the facts.
3. Lastly, most claims involve negligence. This usually means someone failed to use reasonable care and that failure caused harm. Proving that another party acted without reasonable care is often necessary.

Possible At-Fault Parties

Determining liability often requires a careful investigation. This investigation requires reviewing evidence such as: 

• accident reports 
• witness statements 
• photos, videos
• accident circumstances 
• safety violations 
• conduct of involved parties
• sometimes expert analysis

The facts of the incident matter. A few examples of possible liable parties may include the following:

Negligent Driver in a Car Accident

Drivers may be liable if they cause crashes through speeding, distraction, DUI, or failure to yield. Car accidents are a common cause of back injuries.

Rear-end collisions often cause sudden force to the spine. That impact may lead to disc injuries and ongoing pain.

Property Owners in Slip and Fall or Premises Liability Cases

The owner of a property may be liable for an accident that led to a back injury. This is because property owners generally have a duty to maintain reasonably safe premises for guests.

This is generally when unsafe conditions on their property contributed to the accident. Some examples may include:

• wet floors 
• poor lighting 
• uneven walking surfaces
• unsafe pool conditions

Employers and Third Parties in Workplace Accidents

Back injuries can happen at work. This is often seen at labor-intensive jobs. Some common examples are:

• falls from high places
• lifting injuries
• equipment accidents

In certain cases, workers compensation may apply. In other cases, it’s also possible to bring a third-party claim against a company or contractor.

Manufacturers of Defective Products or Equipment

It’s possible that a defective product led to a back injury. Product liability may come into play in certain situations and manufacturers of those products may be liable. Some examples can include:

• defective safety equipment (example: defective harnesses)
• machinery (example: malfunctioning tools)
• consumer products

In these situations, there is generally a need for a product liability analysis.

In a back injury lawsuit, a personal injury lawyer can help an affected party seek financial compensation. The purpose of the compensation is to help cover the costs of the damage done to the injured after an accident.

There are two general categories of damages that one may seek. 

Economic Damages – These are damages easily tied to financial amounts that can be added up. Think about the financial costs incurred due to the accident. For example:

• property damage (wrecked car, etc.)
• lost wages
• reduced earning capacity
• medical expenses
• future care 
• rehabilitation
• ongoing treatment 
• physical therapy

Non-Economic Damages – These are damages someone incurs due to the accident but aren’t tied directly to a dollar amount. Some examples can include:

• pain and suffering
• emotional distress
• loss of enjoyment (example: not being able to participate in your favorite hobby anymore)

This section discusses some common back injury diagnoses seen in accident cases.

Back injuries can range from mild strains that cause annoyances to serious damage that impairs one’s life. Some conditions can heal over time but others may cause lasting pain or greatly reduced capabilities.

Generally speaking, commonly litigated back injuries often fall into three groups:

• soft tissue injuries
• disc-related injuries
• structural spinal injuries

Herniated Discs

A herniated disc happens when disc material pushes outward and presses on nearby nerves. This may cause back pain, numbness, tingling, or weakness.

Symptoms can affect the lower back, mid-back, or legs depending on the location.

Bulging Discs

A bulging disc occurs when the outer portion of a disc pushes outward without a full rupture. A bulging disc may result in pain, tightness, and mobility problems.

Some bulging discs are mild. Others may irritate nearby nerves and become more serious.

Lumbar and Thoracic Sprains or Strains

Sprains generally involve damage to ligaments. Strains usually involve muscles or tendons. These injuries are commonly seen after sudden twisting, lifting, or impact.

Some common complaints from people affected by back sprains are pain and reduced movement.

Compression Fractures of the Vertebrae

A compression fracture is an injury where a vertebra collapses or cracks under pressure. These injuries are often associated with high-impact trauma.

Sciatica

Sciatica is caused by irritation of the sciatic nerve. It often leads to radiating pain from the low back into the buttock or leg.

Degenerative Disc Aggravation

Some people have preexisting disc degeneration before an accident. Trauma can worsen that condition or make symptoms appear.

This may lead to new pain, increased limitations, or a need for added treatment.

When a back injury occurs, the symptoms may be obvious right away, but that is not always the case. Pain, stiffness, numbness, tingling, and other nerve-related symptoms may take hours or even days to appear.

If you are involved in an accident, taking the right steps can help protect both your health and any potential legal claim.

1. Make sure everyone is safe.

   Focus on immediate safety first. Move away from traffic, dangerous equipment, unstable structures, or other hazards if you can do so safely. Check whether anyone else needs emergency assistance.

2. Seek medical attention promptly.

   Get evaluated by a qualified medical professional as soon as possible, even if your pain initially seems minor. Prompt care may help identify injuries that are not immediately apparent and create medical documentation of your condition.

3. Photograph the scene and preserve evidence.

   Take photos or videos of the accident scene, visible injuries, property damage, vehicle damage, and any hazards that may have contributed to the injury. Preserve damaged items, clothing, records, and other potentially relevant evidence when possible.

4. Collect contact information.

   Obtain the names, phone numbers, insurance information, and other contact details of the people involved. You should also collect contact information from anyone who witnessed the accident.

5. Follow your treatment plan.

   Attend follow-up appointments and follow your medical providers’ instructions. Complete any recommended diagnostic testing, physical therapy, specialist visits, or other treatment. Gaps in care may affect both your recovery and the documentation of your injuries.

6. Track your symptoms and limitations.

   Keep notes about your pain, stiffness, reduced mobility, numbness, tingling, weakness, and other symptoms. Record how the injury affects your work, sleep, household responsibilities, exercise, and daily activities. These records may help show how the injury has affected your life over time.

7. Be cautious when speaking with insurance companies.

   Insurance adjusters may ask for recorded statements, medical authorizations, or detailed information about your condition. Consider speaking with a Las Vegas back injury attorney before providing a recorded statement, signing documents, or accepting a settlement offer.

There are lots of different ways back injuries can happen. Many are caused by sudden incidents and others are developed over time after repeated strain, demands and unsafe conditions.

If you’re thinking about filing a personal injury claim related to a back incident, keep in mind that the cause of the injury matters a lot.

This section reviews some of the common causes of back injuries.

Falls

Falls are a common cause of serious back injuries. A sudden impact can damage muscles, discs, vertebrae, or other spinal structures.

These incidents may happen on stairs, wet floors, uneven walkways, or unsafe property conditions. Falls are also a major injury concern for older adults.

Motor Vehicle Accidents

Car, truck, and motorcycle accidents can place heavy force on the spine. Even lower-speed crashes may lead to painful back injuries.

Rear-end collisions, side impacts, and rollover crashes can all cause trauma. Sudden movement may injure discs, joints, or soft tissue.

Lifting Heavy Objects

Heavy lifting is a well-known cause of back injuries. Improper lifting technique can strain muscles or place excess pressure on the spine.

Many back injuries from lifting happen during work tasks or chores.

Awkward Bending and Twisting

It’s possible to injure the back while bending, twisting, and reaching.

This is common in warehouse, healthcare, labor, and service jobs. It may also happen during home projects or exercise.

Repeated Exertion at Work

Some back injuries develop over time instead of in one event. Repeated lifting, pushing, pulling, or bending can lead to ongoing pain.

Workplace ergonomic hazards are a common source of musculoskeletal injuries. Repetitive strain claims often require detailed medical proof.

Sports and Recreational Injuries

Sports are a common culprit of back injuries. In sports people commonly perform movements like twisting that can lead to injuries. Impact is also a risk, which is even more common in contact sports.

This section reviews some of the laws relevant to back injury accident claims in Nevada.

Disclaimer: These law summaries are not exhaustive and are provided for general understanding only. They reflect Nevada law at the time of writing and may be subject to updates or changes. For legal advice or a full interpretation, consult an attorney. Always check with an attorney or the Nevada Legislature for the most current information.

Nevada’s Comparative Negligence Law

NRS 41.141 – Allows a plaintiff to recover damages if their comparative negligence is not greater than the negligence of the defendant or combined defendants, with damages reduced based on their percentage of fault.

Example: A person is found to be 30% at fault for a back injury accident that occurred on someone’s property, while the property owner is 70% at fault. If the total damages are $100,000, the injured person may still recover compensation, but it would be reduced by 30%, resulting in a potential $70,000 recovery.

Nevada’s Statute of Limitations

NRS 11.190 – Requires that an action to recover damages for personal injury or wrongful death caused by another’s wrongful act or neglect must be commenced within 2 years.

Nevada Specific Laws related to Some Back Injury Accidents

NRS 41.130 – Provides that a person who suffers personal injury due to another’s wrongful act, neglect, or default may recover damages from the responsible party, including an employer responsible for that person’s conduct.

NRS 41.085 – Allows the heirs and personal representatives of a decedent to bring an action for damages when a person’s death is caused by the wrongful act or neglect of another.

NRS 484E.010 – Requires a driver involved in a crash resulting in bodily injury or death to immediately stop, return to, and remain at the scene until required duties are completed.

NRS 484E.030 – Requires a driver involved in a crash resulting in injury, death, or property damage to provide identifying information, exhibit a license upon request, render reasonable assistance to injured persons, and report the crash if no police officer is present.

NRS 484E.070 – Requires a driver involved in a crash resulting in bodily injury, death, or property damage of $750 or more to submit a written or electronic crash report to the Department within 10 days, unless an exception applies.

NRS 41A.015 – Defines professional negligence as the failure of a healthcare provider to use the reasonable care, skill, or knowledge ordinarily exercised by similarly trained providers under similar circumstances.

NRS 41A.071 – Requires that a professional negligence action be filed with an affidavit from a qualified medical expert supporting the allegations, or the court must dismiss the action without prejudice.

NRS 41A.097 – Requires that an action against a provider of health care be commenced within specified time limits based on the date of injury or discovery of the injury, with tolling allowed in certain circumstances.

Back injury claims can sometimes be disputed. A big reason for this is that many injuries are not visible. Back injuries can cause serious pain without the cuts, bruising, or other obvious signs of trauma.

Insurance companies may question: 

• severity 
• treatment needs 
• whether the accident caused the condition 

Strong medical documentation can be very important in showing the real impact.

Delayed Symptoms and Difficulty Proving Severity

Back injury symptoms do not always start right away. Some people feel worse days or even weeks after an accident.

Common delayed symptoms may include stiffness, nerve pain, and reduced mobility. Pain can increase as inflammation develops.

It’s possible that insurers may argue that the injury is unrelated because symptoms appeared after.

Reliance on Imaging and Medical Documentation

Back injury claims are often supported by medical records such as:

• MRI scans
• CT scans
• physician reports

If results are unclear, the insurance companies may use that against the injured person.

Disputes Over Pre-Existing Conditions and Degenerative Issues

Insurance companies often argue back pain was caused by aging or a pre-existing condition. They may point to degenerative disc disease or earlier complaints in one’s medical history.

Keep in mind that just because the insurance company uses that argument, it does not always end the claim. Nevada law may still allow for financial recovery when an accident worsened a pre-existing condition.

In these cases, a key issue is often aggravation. Evidence may need to show the accident made the condition worse or caused new symptoms.

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7785 W Sahara Ave Suite 100, Las Vegas, NV 89117