Over a million people in the United States suffer back injuries each year according to official statistics. Indeed, back and neck injuries are among the most commonly suffered injuries in accidents. And many of these accidents were the result of third-party negligence.
Even a seemingly minor back or neck injury can lead to months–or even years–of pain and limited mobility. In turn, this can affect your ability to earn a living and your quality of life. So if someone is legally responsible for causing your injuries, you have the right to seek damages. Our experienced New York City neck and back injury attorneys can help.
At Poltielov Law Firm P.C., we represent clients who have been seriously injured in auto and workplace accidents, and we will fight for the compensation you are entitled to under New York law. Our law firm understands the challenges that personal injury victims face after suffering a spinal injury.
Understanding Back and Neck Injuries in New York
These injuries can happen to anyone at any time. They affect thousands of New York residents every year. When someone else’s negligence causes your harm, you deserve fair compensation for your losses.
A spinal cord injury can change your life forever. Many accident victims struggle with chronic pain and mounting medical bills after their accidents. The insurance company may try to offer you less money than you deserve. That’s why working with experienced personal injury lawyers makes such a difference.
How Serious Is a Back or Neck Injury?
Anytime that you are involved in an accident and experience neck pain or back pain, it is important to seek medical attention right away. Back and neck injuries vary greatly in severity, and you should never dismiss any symptoms as “minor” or irrelevant.
Getting prompt medical treatment helps document your injuries. Your medical records will become important evidence in your personal injury claim. The sooner you see medical professionals, the better your chances of a full recovery.
Some of the more common injuries we see with our clients include:
Sprains and Strains
These are the most common of all back and neck problems. A sprain is generally the result of a fall or another sudden trauma. A strain can result from overextending or pulling a muscle in your back or neck.
Many car accident victims experience these injuries. Even minor auto accidents can cause painful sprains and strains. While these may seem less severe than other problems, they still require proper care and attention from doctors.
Bulging and Herniated Discs
Your spine has a number of “discs” that cushion the vertebrae. These discs have a soft interior similar to the consistency of gelatin. If you suffer a serious back sprain or back strain, these disc interiors can tear, causing a bulging or herniated disc.
Herniated discs are common in vehicle collisions and workplace incidents. The cervical spine in your neck is particularly vulnerable to this type of damage. These injuries often result in chronic pain that requires ongoing care from specialists.
Fractures and Spinal Cord Damage
If there is a crack or gap in the vertebrae themselves, that is known as a fracture. If you suffer a fracture–or indeed, damage to the spinal cord itself–that represents the most serious type of back or neck injury, as it can lead to temporary or permanent disability.
Spinal cord injuries are among the most devastating that people can face. These serious injuries often require extensive medical expenses and long-term care. Many people with severe damage to their spine face lifelong challenges and cannot return to their previous work.
Common Causes of Back and Neck Injuries in New York City
New York City presents unique risks for these types of incidents. The busy streets, crowded sidewalks, and active construction sites all contribute to accidents. Understanding how these injuries sustained occur helps prevent future incidents.
Car Accidents and Auto Collisions
Car accidents remain the leading cause of neck injuries and back injuries in the area. Whether it’s a collision on the busy streets of Manhattan or an auto accident on the highways, these crashes can cause severe damage to your spine.
Accidents involving rear-end collisions are particularly dangerous for your cervical spine. The sudden impact can cause whiplash and other problems that may not show symptoms immediately. That’s why getting checked by a doctor after any collision is so important, even if you feel okay at first.
Workplace Injuries and Construction Accidents
Many New York City workers suffer these injuries on the job. Construction accidents are particularly common sources of harm. Falls from heights, being struck by objects, and repetitive stress can all lead to serious injury.
Workers have rights under state law when they get hurt at work. You may be entitled to workers’ compensation benefits and, in some cases, you can file a lawsuit against third parties. An injury lawyer can help you understand your options.
Slip and Fall Accidents
Property owners have a duty to keep their premises safe. When they fail to maintain safe conditions, people can suffer severe harm. Wet floors, broken stairs, and poor lighting all contribute to falls that result in spinal injuries.
These incidents can result in herniated discs, fractures, and other problems with your spine. A New York personal injury lawyer can help hold the responsible party accountable for your damages.
Medical Malpractice
Sometimes healthcare providers make mistakes that result in harm to patients. Surgical errors, delayed diagnosis, or improper treatment can all lead to spinal cord injuries. Medical malpractice cases are complex and require specialized legal knowledge to pursue successfully.
Compensation You Can Recover for a Back or Neck Injury
When you suffer harm due to someone else’s negligence, you have the right to seek compensation. The financial compensation available can cover many types of damages. Our personal injury attorneys work hard to recover compensation for all your losses.
Medical Costs and Treatment Expenses
Your medical bills can add up quickly after a serious injury. Emergency room visits, surgery, physical therapy, and medications all create medical expenses. A successful claim should cover all these costs, both past and future.
Future medical treatment also matters in calculating your damages. Many spinal injuries require ongoing care for months or years. Your personal injury lawyer will work with doctors and other experts to calculate the full cost of your treatment needs.
Lost Income and Earning Capacity
When your injury occurred, you may have missed work for recovery. Lost wages represent a significant part of many claims. If your injuries prevent you from returning to your previous job, you may also claim lost future earnings.
Permanent disability from severe damage to the spine can end careers. An experienced injury attorney will fight for maximum compensation to replace the income you’ve lost and will lose in the future.
Pain and Suffering
The physical pain from a neck injury or back problem deserves compensation. Living with ongoing discomfort affects your daily life, relationships, and mental health. New York law allows injury victims to seek compensation for this emotional distress and reduced quality of life.
Your injury lawyers will document how your injuries sustained have impacted your life. This evidence helps build a strong case for fair settlement negotiations with the other side.
Steps to Take After Suffering a Back or Neck Injury
Acting quickly after your injury occurred protects your health and your legal rights. These steps help build a valid personal injury claim from the start.
Get Immediate Medical Care
Seek medical attention right away, even if you think your spinal injury is minor. Some spinal cord injuries don’t show symptoms immediately. A doctor can properly diagnose your condition and begin treatment.
This medical visit creates important medical records for your lawsuit. The insurance company will look closely at when you first got treatment. Delays in seeing a doctor can hurt your claim later.
Document the Accident Scene
If possible, take photos of where your injury occurred. Get contact information from witnesses. Write down details about the car accident, fall, or other incident while your memory is fresh.
This documentation helps your lawyers build your case. The more evidence you gather early, the stronger your claim will be when it comes time to negotiate or go to court.
Contact an Experienced Personal Injury Attorney
Don’t wait to speak with a qualified lawyer. Many personal injury law firms offer a free consultation to review your case. This initial meeting helps you understand your rights and options moving forward.
Most injury attorneys work on a contingency fee basis, meaning you pay nothing unless they win your case. This arrangement makes quality legal help accessible to everyone who needs it.
How New York’s No-Fault Insurance Affects Your Claim
New York has unique insurance laws that affect car accident claims. Understanding these rules helps you know when you can file a personal injury lawsuit against the person who caused your harm.
No-Fault Insurance Basics
New York requires all drivers to carry no-fault insurance. This coverage pays for medical bills and lost wages up to $50,000, regardless of who caused the auto accident. You file a claim with your own insurance company first.
However, no-fault insurance doesn’t cover pain and suffering. It also has limits that may not cover severe spinal injuries. When your injuries sustained exceed these limits, you can step outside the no-fault system.
When You Can File a Personal Injury Lawsuit
State law allows you to file a personal injury lawsuit against the responsible party when you suffer a “serious injury.” Spinal cord injuries, herniated discs, and other significant damage typically qualify under this standard.
A serious injury under the law includes permanent disability, significant limitation of use of a body part, or a medically determined problem that prevents you from doing your usual activities for at least 90 days. Your personal injury attorneys can determine if your case meets these standards.
Working with Insurance Companies
The insurance company representing the person who harmed you may contact you quickly after your accident. Be careful what you say. Insurance adjusters often try to minimize your claim or get you to accept less than you deserve.
Let your attorney handle these conversations. Experienced personal injury lawyers know the tactics these companies use. They protect your rights while working toward fair compensation for all your losses.
Why Choose Our New York City Personal Injury Law Firm
Selecting the right law firm makes a real difference in your outcome. Our team brings decades of combined experience to every personal injury case we handle.
Experience with Spinal Injury Cases
We focus heavily on cases involving damage to the spine and neck. Our injury lawyers understand the medical complexities of spinal cord injuries and related problems. This knowledge helps us build stronger cases for our clients.
Many personal injury lawyers handle all types of cases. Our focused experience means we know how to get the best results for these specific injuries. We work closely with medical professionals who specialize in treating these types of patients.
Free Initial Consultations
We offer free case evaluations to all potential clients. During your free consultation, we’ll review your situation and explain your legal options. You’ll learn about the personal injury litigation process and what to expect.
These free initial consultations come with no obligation. You can ask questions and get honest answers about your situation before making any decisions about moving forward.
Contingency Fee Representation
Our personal injury law firm works on a contingency fee basis. You pay no upfront costs or hourly fees. We only get paid if we win your case and get you money.
This payment structure makes quality legal representation accessible to all accident victims. You don’t need money saved up to hire experienced attorneys for your claim.
Track Record of Success
Our NYC personal injury lawyers have recovered millions of dollars for clients with these types of injuries. We’ve handled cases ranging from car accidents to construction accidents to medical malpractice. Each successful case reflects our commitment to fighting for our clients.
Frequently Asked Questions About Back and Neck Injury Claims
How long do I have to file a personal injury lawsuit in New York?
State law gives you three years from the date your injury occurred to file most lawsuits. However, some cases have shorter deadlines. If your harm was caused by a government entity’s actions, you may have only 90 days to file a notice of claim. Don’t wait to contact a New York City personal injury attorney. Building a strong personal injury case takes time. Starting early gives your injury lawyer more time to gather evidence and build your claim properly.
What if I was partly at fault for the accident that caused my injury?
New York follows a “pure comparative negligence” rule. This means you can still recover compensation even if you were partially at fault. However, your award will be reduced by your percentage of fault. For example, if you were 20% at fault for a collision and your total damages are $100,000, you would receive $80,000. A skilled personal injury lawyer will work to minimize any fault assigned to you during the claim process.
How much is my case worth?
Every personal injury case is unique. The value depends on factors like the severity of your spinal injury, your medical expenses, lost wages, and how the harm affects your daily life. Cases involving permanent disability or severe ongoing pain typically have higher values. During your free case evaluation, our injury attorneys can give you a better idea of what fair compensation might look like in your situation. We’ll review your medical records and the details of how your harm occurred.
Will I have to go to court for my claim?
Most claims settle before trial. Insurance companies often prefer to negotiate a fair settlement rather than face personal injury litigation. However, if they refuse to offer reasonable compensation, we’re prepared to take your case to court. Our experienced personal injury lawyers have extensive trial experience. We prepare every case as if it will go to trial, which often leads to better settlement offers from the other side.
How do I prove someone else’s negligence caused my spinal injury?
To win a claim, you must show that the responsible party owed you a duty of care, breached that duty, and caused your injuries sustained. Evidence like accident reports, witness statements, medical records, and expert testimony all help prove your case. Your lawyer will gather this evidence and build a valid personal injury claim. We work with accident reconstruction experts and medical specialists to show how the other party’s actions caused your harm.
What if the insurance company offers me a settlement?
Never accept a settlement offer without talking to a personal injury attorney first. Insurance companies often make low initial offers, hoping you’ll accept quickly. Once you accept and sign a release, you cannot go back and ask for more money later. Our personal injury law team will review any settlement offer and advise whether it represents fair compensation for your injuries sustained. We’ll negotiate to seek the maximum compensation you deserve for all your losses.
Can I still file a claim if my injury happened at work?
Yes, but your options may be different. Workers’ compensation covers most workplace injuries in New York. This system provides benefits for medical expenses and lost wages regardless of who was at fault. However, you may also have a personal injury claim against third parties who contributed to your harm. For example, if a defective product or another company’s negligence caused your spinal injury at work, you could pursue additional compensation. Our NYC personal injury team can evaluate all your options.
What should I do if I can’t afford medical treatment?
Don’t let cost prevent you from getting care. Many doctors treating personal injury victims will accept payment after your case settles. This is called a lien arrangement. Your injury lawyer can help you find providers who work this way. Getting proper medical treatment is important for both your health and your claim. Gaps in treatment can hurt your case and your recovery.
How long will my personal injury case take?
The timeline varies depending on many factors. Simple cases with clear liability and minor injuries may settle in a few months. Complex cases involving permanent disability or disputed fault may take a year or more. Our personal injury law firm works efficiently to move your case forward. However, we never rush to settle for less than you deserve. Sometimes taking more time leads to better results.
What types of damages can I recover in a personal injury lawsuit?
You can seek compensation for both economic and non-economic damages. Economic damages include medical bills, lost wages, and other out-of-pocket costs. Non-economic damages cover pain, suffering, emotional distress, and reduced quality of life. In rare cases involving extreme recklessness, you might also recover punitive damages. These are meant to punish the wrongdoer rather than compensate you. Your neck injury lawyer can explain which damages apply to your specific situation.
Contact Poltielov Law Firm P.C. Today
Any neck or back injury should be taken seriously. These are not cases where you can simply “walk off the pain” and expect to feel better in a day or so. Many back or neck injuries lead to permanent health issues. So if your injury was the result of someone else’s careless or reckless act, you should not hesitate to speak with a skilled New York City neck and back injury lawyer. Contact Poltielov Law Firm P.C., or call us now at 718-880-2911 to schedule an initial consultation.