Guide to Back Injury Claims in California (2025)
Back injuries can cause long-term pain and mobility issues, significantly affecting a person’s quality of life. If you hurt your back due to another person’s negligence, our back injury claim guide can help you understand your rights and legal options. Our team at Cutter Law has decades of combined experience handling back injury claims and knows what steps California victims and their families can take to pursue compensation.
Common Causes of Back Injuries in California
While back injuries can happen at any time, certain scenarios pose a higher risk of suffering injuries to the back and spine. Common causes of back injuries include the following incidents.
Car Accidents
The jolting force exerted on the body from a car crash can stress the spine or twist the back unnaturally. Even a minor fender bender can transfer impact energy to the body, causing back injuries.
Slip and Fall Incidents
Hazardous conditions on public property or private premises, such as spills, uneven flooring, or poor lighting, can lead to slip and fall accidents. Slip and fall cases often involve back, neck, and spine injuries.
Workplace Accidents
Claims for a back injury at work are common after falls, heavy lifting accidents, repetitive motion injuries, equipment malfunctions, and inadequate employee training. Employees injured on the job can work with an attorney to file a back injury at work claim.
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Motorcycle and Bicycle Crashes
Even with helmets and other protective gear, motorcyclists and bicyclists are exposed to road traffic and hazards. This makes them more vulnerable to serious back injuries during a crash.
Medical Negligence
Medical professionals have a duty to provide a standard of care to patients. If they fail in that duty, patients may be left with back injuries. For example, carelessness during a surgical procedure could lead to chronic back pain and be considered medical negligence.
Defective Products
When a product malfunctions, is poorly designed, or does not give adequate usage instructions or warnings, it can lead to improper use and injuries. Back injuries are common with defective heavy machinery or safety equipment.
Types of Back Injuries That May Qualify for a Claim
Back injuries include different types of injuries to the muscles, tendons, ligaments, bones, and nerves in and around the back and spine. You may have grounds to bring a legal claim if you sustain the following injuries as a result of negligence.
Herniated or Bulging Disks
A herniated disk occurs when the disk’s jelly-like center is pushed past the vertebrae exterior and against the nerves. This can cause sharp pain that prevents you from working or enjoying activities you once did.
Spinal Cord Injuries
Injuries to the cervical spine, thoracic spine, or lumbar spine are all spinal cord injuries that can permanently affect a person’s ability to physically feel and function. While victims with incomplete injuries may still have some movement, a complete injury results in no nerve communication and paralysis.
Spinal cord injury claims can be significant due to the extent of financial losses, emotional suffering, and the diminished quality of life associated with these injuries.
Vertebral Fractures
A break in the vertebrae or bones that make up the spine can range from minor compression breaks to unstable spinal fractures. Like other California broken bones claims, the value of your vertebral fracture case will depend on the severity of the fracture and how it affects your life.
Chronic Lower Back Pain
Ongoing pain in the lower back is common after car crashes, falls, and other accidents that injure the lower spine. Because chronic pain can be debilitating for victims, they may qualify to claim compensation for ongoing medical care, medication, pain and suffering, and other damages.
Nerve Damage
Nerve damage from back and neck injuries can cause numbness, tingling, burning pain, and compromised function. In rare cases, nerve injuries that extend to the limbs may have a link to complex regional pain syndrome (CRPS).
Soft Tissue Injuries
Sprains, strains, contusions, and other soft tissue injuries to the back can have painful and lengthy recovery times. People may be forced to stop working as they heal, leading to lost income and an inability to support their families.
Even when back injuries do not initially appear to be serious, they can worsen without proper treatment and have long-term consequences. Additionally, back injury victims often have other injuries that occur at the same time, including traumatic brain injuries (TBIs), bone fractures, and burn injuries.
What To Do After a Back Injury
If you suffer a back injury, these steps can help you get the care you need and set yourself up to take legal action:
- Seek immediate medical attention, no matter how minor the injury seems.
- Take pictures and videos of what happened or what led to the injury.
- Keep copies of medical records, accident reports, and other documentation.
- Avoid speaking with insurance adjusters without legal counsel.
- Follow through with all recommended treatment plans.
- Consult an experienced injury attorney if negligence caused your back injury.
“We really want to take the anxiety and fear of what’s going to happen legally off their plate, and let them know that it’s in super competent hands. We’re going to do everything we can to aggressively represent them and get them all the compensation possible, so they can really focus on their path back to health with their family.”
How To File a Back Injury Claim in California
Filing a back injury compensation claim in California can be a complex process without proper legal guidance. It’s essential to take the right steps to recover the full value of your damages.
Determining Liability
First, you must identify the at-fault party and determine if they are liable for your damages. You will need to prove all the elements of negligence, including:
- Duty: The at-fault party had a duty of care to you.
- Breach of duty: They failed to fulfill their duty of care.
- Causation: The breach of duty caused your back injury.
- Damages: Your injury led to damages, such as medical bills.
Even if you share some fault for your injury, California’s comparative negligence law still allows you to claim compensation. However, the amount you receive is proportionately reduced by your percentage of fault.
Statute of Limitations
Under California’s personal injury statute of limitations, most back injury victims only have two years from the date of the injury to file a legal claim for compensation. There are some exceptions, such as a one year deadline for medical malpractice claims or an extended deadline for cases involving minors.
Failing to file your claim before the statute of limitations expires means you lose your right to recover damages. Speak with a California personal injury attorney as soon as possible to see what deadline applies to your case and to begin the claims process.
The Claims Process
If you decide to move forward with a back injury claim, here are the steps you can expect during the claims process:
- During an initial consultation with an injury attorney, you’ll discuss your options and possible damages.
- Next, your attorney will conduct a thorough investigation and collect evidence to build your case.
- After identifying and valuing your damages, the lawyer will draft a demand letter and enter negotiations with the insurance company.
- If the insurance company does not offer a fair settlement, your attorney can file official documentation to initiate a lawsuit.
- The lawsuit will either resolve with a settlement or go to trial where your lawyer will argue your case before a judge and jury.
What Compensation Can You Recover From a Back Injury?
Accident victims who sustain a back injury may qualify to claim compensation for their financial losses and suffering caused by the injury.
Examples of economic damages available in California personal injury cases include:
- Medical bills
- Future medical expenses
- Lost wages
- Loss of future earning capacity
- Property damage
- Other out-of-pocket expenses
You may also recover non-economic damages or your non-financial losses, such as:
- Pain and suffering
- Emotional distress
- Mental anguish
- Loss of enjoyment of life
- Loss of consortium
- Permanent disfigurement or disability
Cutter Law meticulously calculates the full scope of damages and will not settle for lowball offers from insurance companies. We demand the compensation you deserve while guiding and supporting your family every step of the way.
401 Watt Avenue Suite 100 Sacramento, CA 95864
1901 Harrison Street Suite 910 Oakland CA 94612
51 E St Santa Rosa, CA 95404
Attorney Brooks Cutter was listed on Forbes Advisors’ Best Car Accident Lawyers Sacramento, CA Of 2025.
Why Legal Representation Matters
Without a trusted attorney on your side, insurance companies may try to take advantage of your situation and offer less than your claim is worth. A lawyer will protect your rights, negotiate a settlement that accurately represents your losses, and take your case to court when necessary.
Family-owned, California-based, and client-focused. Our dedicated and compassionate team of personal injury lawyers at Cutter Law has extensive experience handling complex back injury cases and is prepared to fight for full compensation on your behalf. Contact us today to schedule your free consultation.
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If medical bills exceed the at-fault driver’s policy limits, you can pursue compensation through other sources, such as underinsured motorist coverage.
In California, the responsibility for paying medical bills after a car accident primarily depends on who’s at fault.
Pain and suffering could be worth tens of millions of dollars if you’ve had the tragic misfortune of being paralyzed or permanently injured.
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