If you’ve suffered a back injury due to an accident in Texas, you may be wondering if you can pursue a legal claim to seek compensation. Understanding the grounds for suing, who may be liable, and the timeframe for filing a claim is crucial to navigating this process effectively.

Grounds to Sue for a Back Injury

In Texas, you can pursue a legal claim for a back injury under several conditions, primarily based on negligence. To establish a successful claim, you need to prove the following elements:

  • Duty of Care: The defendant owed you a duty of care. For instance, drivers have a duty to operate their vehicles safely, and property owners have a duty to maintain their premises in a condition that does not pose a risk to visitors.
  • Breach of Duty: The defendant breached this duty. In the context of a back injury, this could mean a driver was speeding, or a property owner failed to repair a hazardous condition.
  • Causation: The breach of duty directly caused your back injury. You need to show that the defendant’s actions or negligence directly led to the injury.
  • Damages: You suffered actual damages as a result. This includes medical expenses, lost wages, pain and suffering, and other impacts on your life.

Common Back Injury Accidents

Several types of accidents commonly lead to back injuries that may warrant legal claims:

  • Car Accidents: Rear-end collisions, high-speed crashes, and sudden impacts can cause whiplash, herniated discs, and other severe back injuries. The force of the impact often results in strain or damage to the spinal structures.
  • Workplace Accidents: Injuries from lifting heavy objects, falls, or repetitive strain in the workplace can lead to back injuries.
  • Slip and Fall Accidents: Falls caused by hazardous conditions, such as wet floors or uneven surfaces, can result in serious back injuries. 
  • Construction Accidents: Falls from heights or accidents involving heavy machinery on construction sites frequently lead to back injuries. 

Who Is Liable for a Back Injury?

Liability for a back injury depends on the circumstances of the accident. In car accidents, the driver at fault for the accident is typically liable for injuries. However, in some cases, liability can extend to vehicle manufacturers or maintenance providers if defects contributed to the accident.

In workplace accidents, employers may be liable if negligence or lack of proper safety measures contributed to the injury. Workers’ compensation claims might also be an option, though they typically do not cover pain and suffering.

In some cases, property owners or managers may be held liable if they failed to address dangerous conditions that led to your fall or accident.

How Long Do You Have to Sue for a Back Injury?

In Texas, the statute of limitations for personal injury claims, including back injuries, is generally two years from the date of the injury or the date you discovered the injury. This timeframe means you must file your lawsuit within two years to preserve your right to seek compensation.

However, there are exceptions that might affect this period. For instance, if your injury was not immediately apparent or discovered later, the clock may start ticking from the date of discovery. Consulting with a personal injury attorney can help clarify your specific deadlines and ensure you file within the appropriate timeframe.