New York Back Injury Attorney
A serious back injury can upend your life. They often occur because of car accidents on roadways like the Brooklyn-Queens Expressway or FDR Drive, work-related accidents at construction sites in Manhattan, Brooklyn, and Queens, and slip-and-fall accidents in apartment buildings, office towers, parking garages, and subway stations.
Some back injuries cause chronic pain or permanent disability. Depending on the severity, they can prevent you from working or enjoying life, leading to serious financial and emotional stress. If another party’s negligence caused your catastrophic injury, you may be able to file a personal injury lawsuit and hold them accountable for your pain and losses.
At Douglas & London, we’re not afraid to take on complex cases involving severe spinal injuries, powerful insurance companies, or large corporate defendants. We fight for compensation for people injured across New York City, from accidents in Midtown office buildings and Lower Manhattan construction zones to crashes and falls in neighborhoods throughout the five boroughs.
Our experience, care, and work ethic are second to none. Contact Douglas & London today for a free consultation.
What to Do After a Back Injury in New York
What you do in the hours and days following a back injury can have a significant impact on both your physical recovery and your ability to pursue compensation. Back injuries are often more serious than they initially appear, and early missteps can make symptoms worse or weaken a legal claim.
If you suffered a back injury in New York, take the following steps:
- Seek medical attention immediately. Back injuries can involve soft tissue damage, disc herniations, or spinal trauma that worsens over time without proper diagnosis and treatment.
- Report the incident as soon as possible. If the injury occurred in a car accident, call the police so an accident report can be filed. If it happened at work, notify your employer. For slip-and-fall accidents in apartment buildings, construction sites, or public spaces, report the incident to the property owner or manager.
- Document the scene and your symptoms. Take photos or videos of the accident location, any hazards (such as broken stairs, wet floors, or unsafe work conditions), and visible injuries. Keep track of how your back pain affects your ability to work, commute, and perform daily tasks.
- Avoid giving recorded statements. Insurers may try to minimize your injury or argue that your back condition was preexisting, especially if you speak without consulting a lawyer first.
- Follow your doctor’s treatment plan carefully. Attend follow-up appointments, physical therapy, and specialist visits. Gaps in treatment can be used against you in a personal injury claim.
- Request a copy of the accident report. If your back injury occurred as a result of a traffic accident, request a copy of the crash report from the NYPD. If your accident occurred on a highway or interstate outside the city, you may need to request it from the New York State Police if they created the report.
- Consult an injury attorney. Having a lawyer on your side who understands how back injury claims work under New York law, including issues involving no-fault insurance, construction accidents, and premises liability, can make a big difference in your chances of recovering compensation.
Taking these steps can help protect both your health and your right to seek full compensation for your injury.
Where to Get Treatment for a Back Injury in New York
Prompt medical care is important after a back injury, whether your condition involves spinal trauma, herniated discs, nerve damage, or chronic pain. New York City is home to several world-class hospitals equipped to diagnose and treat serious back and spinal injuries, as well as provide long-term rehabilitation and pain management.
Capable hospitals and healthcare facilities include:
- NYU Langone Health: NYU Langone Health is nationally recognized for its orthopedic and spine programs, offering advanced diagnostic imaging, surgical care, and non-surgical treatments for traumatic back injuries, degenerative spine conditions, and nerve-related pain.
- The Mount Sinai Hospital: The Mount Sinai Hospital provides comprehensive spine care, including emergency treatment, neurosurgical services, orthopedic spine surgery, and rehabilitation for individuals suffering from severe back injuries caused by accidents or falls.
- NewYork-Presbyterian Hospital: NewYork-Presbyterian offers multidisciplinary spine care through its orthopedic and neurological departments, treating complex spinal injuries, spinal cord trauma, and chronic back pain with both surgical and conservative approaches.
- Hospital for Special Surgery: Hospital for Special Surgery is a world-renowned orthopedic hospital specializing in musculoskeletal and spinal conditions, making it a leading choice for treatment, rehabilitation, and long-term recovery following serious back injuries.
Getting treatment from a trusted medical provider at hospitals like these not only supports your recovery but also creates important medical documentation that may play a key role in a personal injury claim.
The Importance of Legal Representation in a Back Injury Case
When you hire a back injury lawyer to represent you, they will negotiate with the defendant’s insurance company on your behalf. Insurance companies generally offer lowball settlement amounts to individuals because they want to settle claims quickly and cheaply. When the accident victim is represented by a lawyer, insurers know that these strategies will not work.
Back injuries are often more complex to prove than other types of injuries. This gives the advantage to the insurance company, who may also deny your claim or minimize its seriousness. Legal representation is crucial in any back injury claim. The insurer knows your lawyer will determine a fair settlement value for damages based on their severity and prognosis and advocate on your behalf.
A back injury attorney investigates your claim thoroughly. We will review police reports and medical records and work to obtain any surveillance video documenting the accident. Eyewitnesses are interviewed. If your back injury was due to a motor vehicle accident and the at-fault driver is suspected of distracted driving, we can subpoena their cell phone records.
In addition, we identify all potentially liable parties in pursuing your claim. For example, if a vehicle malfunction contributed to the accident, the manufacturer or a repair facility may also be responsible.
The Statute of Limitations in New York
While the statute of limitations for filing a personal injury lawsuit in New York is three years from the accident date or diagnosis, do not wait to contact a lawyer. Valuable evidence may disappear. It also becomes more challenging to prove that your back injury resulted from a slip and fall or motor vehicle accident, as the insurance company could allege that some other event caused your back pain.
Remember that if the claim involves a government agency, such as a slip and fall accident in a public school or a motor vehicle accident involving a city bus, the statute of limitations is just 90 days.
Pursuing Compensation in New York
Compensation in a New York back injury claim may include economic and non-economic damages:
- Bills from physicians, hospitals, therapists, and other healthcare providers
- Wages and salary that the victim is unable to earn while healing
- Transportation costs to appointments for medical services and therapy
- Physical damage to personal property
- Expenses for medications, mobility assistance devices, and modifications to living space that are needed to facilitate limitations due to injuries
- Pain and suffering caused by the injury
Common causes of back injuries due to negligence include:
Medical malpractice also contributes to back injuries. Because there are so many nerves in the spinal cord, even a minor error can result in lifelong pain or partial or full paralysis.
Types of Back Injury Cases We Handle
The types of back injury cases we handle include but are not limited to the following:
- Compression Fractures: These fractures occur when one or more vertebrae in the spinal column collapse after damage from a car crash or other type of accident.
- Herniated Disc: Discs may herniate or rupture due to the impact of a motor vehicle accident or fall. Because the herniated material impinges on nerves, the pain is usually intense.
- Spinal Cord Damage: The most severe type of back injury involves damage to the spinal cord, which can result in partial or total paralysis.
- Whiplash: The formal name for this injury is Cervical Acceleration Deceleration (CAD). Usually associated with car accidents, whiplash occurs when the head and neck move quickly forward and backward. While most people recover from whiplash within a few weeks, some suffer from long-term physical and neurological issues. Along with chronic pain, these accident victims deal with limited neck mobility.
Contact Douglas & London for a Free Consultation
If you suffered a back injury because of another party’s recklessness, you need the New York catastrophic injury lawyers at Douglas & London. For nearly two decades, we have had the privilege of representing those injured by the negligent or fraudulent actions of others.
While most back injury cases are settled, we will take your case to court if the insurance company does not agree to a reasonable settlement. Schedule a free, no-obligation consultation today. Because we work on a contingency basis, there is no fee unless you receive compensation.