I Have Back Pain After a Slip-and-Fall—Can I Sue?
A slip-and-fall can be anything from a minor bump to a very serious accident. The most common symptom associated with slip-and-falls is back pain.
If you suspect that you have suffered back injury because of a fall or slip, then it’s time to find out whether you can sue for damages. In order to prove liability and award you the compensation you’re due, a court will need to determine whether or not there was an element of fault on the part of the other party.
Do I Have a Slip-and-Fall Case?
First, let’s consider if your physical condition makes you a good candidate for litigation. Compensable injuries are somewhat predictable and most often include:
- Damage to the cervical spine, located in the neck
- Bone fractures
- Disc damage
However, many other kinds of injuries can also be covered.
The cervical spine is the part of the spine located in the neck. These types of injuries can be very sudden and potentially life-altering. In a majority of these injuries, the bones in the spine may become dislocated and threaten to damage the spinal cord, which can result in paralysis.
If a bone fracture is not treated immediately, there is a chance the bone will never heal and you’ll have an increased risk of complications such as stiffness, infection, and disabling pain that persists for years.
The most common cause of a herniated disc is a trip or fall on hard ground, like a driveway or sidewalk. There are other causes, such as some types of sports equipment, hardwood floors, or even traffic accidents. Painful disc damage may require surgery, and you may not fully recover.
If you’re asking yourself, I have back pain after a slip-and-fall—can I sue? The answer in many situations is yes, but there are a few more things to consider.
Statute of Limitations
The statute of limitations for filing a slip-and-fall lawsuit in court in Illinois is two years from the date the accident occurred. You should consult with a slip-and-fall attorney in Rockford, Illinois, as soon as possible after your injury.
A determination will need to be made regarding how much compensation you are entitled to receive. Following that, the negligent party will be sent a demand letter.
The at-fault party’s insurer may pay the claim right away, but sometimes, you will have to sue. Additionally, be cautious about accepting the first settlement offered. Once your case is closed, you give up your right to any further compensation.
Have a Lawyer Negotiate Your Settlement
If you try to work out a settlement yourself, there’s a good chance you’ll wind up with less money than you deserve. If you find yourself asking the question, I have back pain after a slip-and-fall—can I sue?, consult a slip-and-fall attorney who will negotiate on your behalf. If negotiations fail, they will inform you of next steps and help you prepare for court.
Compassionate lawyers at Mahoney & Mahoney, LLC are available to discuss your case. Call 815-656-4600 or fill out our online form for a free consultation.
