Why Attorneys Use Expert Witnesses
Posted in: Car Accidents
Back injuries are among the most common — and most misunderstood — injuries a person can suffer after an accident. They range from painful muscle strains to devastating spinal cord damage, and no matter where they fall on that spectrum, they can derail your ability to work, care for your family, and live your life the way you once did.
If you or a loved one has suffered a back injury in Ohio due to someone else’s negligence, you may be entitled to significant compensation. The experienced personal injury attorneys at Kisling, Nestico & Redick understand what you’re facing — and we’re here to help you pursue the full recovery you deserve.
The back is one of the most complex structures in the human body. It is made up of bones, discs, muscles, ligaments, tendons, and a network of nerves — all working together to support movement, posture, and everyday function. When any part of this system is damaged by trauma, the effects can be far-reaching and long-lasting.
Back injuries caused by accidents are not the same as ordinary aches and pains. Traumatic back injuries are frequently caused by the sudden, forceful impact of a car crash, a fall, or a heavy blow — and the damage often goes much deeper than it initially appears.
Victims may suffer:
One of the most important things to understand about back injuries is that symptoms can be delayed. After an accident, adrenaline and shock can mask pain, leading many victims to believe they weren’t seriously hurt — only to develop severe, worsening symptoms in the days or weeks that follow. This is why it’s critical to seek medical attention immediately, even if you feel relatively fine at the scene.
Not all back injuries are the same, and the type of injury you’ve suffered plays a significant role in both your medical journey and the value of your legal claim. KNR has experience representing clients with the full range of traumatic back injuries, from soft tissue damage that insurers often try to minimize, to catastrophic spinal cord injuries that require lifelong care.
The discs that cushion the vertebrae in your spine can rupture or bulge outward when subjected to sudden force. A herniated disc can press on nearby nerves, causing intense pain, numbness, and weakness that radiates through the back, legs, or arms. Treatment may range from conservative care to spinal fusion surgery.
A fall or high-impact collision can cause one or more vertebrae to fracture. Depending on the location and severity, spinal fractures can be extremely dangerous — particularly when bone fragments compress the spinal cord or surrounding nerves. Treatment often requires immobilization with a brace or, in severe cases, surgery.
When trauma directly damages the spinal cord, the results can be catastrophic. Spinal cord injuries can cause permanent loss of sensation, motor function, or both — below the level of the injury. Complete injuries may result in full paralysis, while incomplete injuries may leave victims with partial function that requires extensive rehabilitation.
Sprains involve the tearing or stretching of ligaments, while strains affect muscles and tendons. Though sometimes dismissed as minor, severe soft tissue back injuries can cause debilitating pain and significantly limit mobility. Without proper treatment, they can develop into chronic conditions.
Sciatica occurs when the sciatic nerve — the largest nerve in the body — becomes pinched or compressed, often as a result of a herniated disc. The pain typically radiates from the lower back through the buttocks and down one or both legs, and can range from a dull ache to a sharp, burning sensation that makes it impossible to sit, stand, or walk comfortably.
Back injuries can result from many different types of accidents. At KNR, we represent victims injured in circumstances including:
Collisions are one of the leading causes of traumatic back injuries in Ohio. Even a relatively low-speed rear-end crash can cause the spine to jolt violently, resulting in disc damage, vertebral fractures, or whiplash-related soft tissue injuries. High-speed crashes and accidents involving large commercial vehicles are especially likely to cause severe, lasting back damage.
Back injuries are the most common workplace injury in the country, affecting workers across virtually every industry. Falls from heights, being struck by falling objects, repetitive overexertion, and lifting accidents can all cause serious back damage. Employers who fail to provide proper training, safety equipment, or a hazard-free work environment may be held responsible for the resulting harm.
A slip and fall on a wet floor, uneven pavement, or poorly maintained property can send a person crashing to the ground with tremendous force — compressing the spine, tearing soft tissue, or fracturing vertebrae. Property owners have a legal duty to keep their premises reasonably safe, and when they fail in that duty, they may be liable for the injuries that follow.
Heavy equipment, unstable scaffolding, falling materials, and unsafe working conditions put construction and industrial workers at particularly high risk for traumatic back injuries. When safety regulations are ignored or corners are cut on a job site, the consequences can be severe and permanent.
Faulty machinery or improperly designed products can cause serious back injuries without warning. In these cases, the manufacturer, distributor, or another party in the supply chain may be held responsible under Ohio product liability law.
If someone else’s negligence caused your back injury, you may have the right to pursue compensation.
Back injuries present challenges that are unique among personal injury cases — and insurance companies know how to exploit them.
That’s why having an experienced Ohio back injury attorney from the start — not after a settlement offer has already been made — is so important.
The decisions you make in the hours, days, and weeks following a back injury can shape the outcome of your case. Here’s what KNR recommends:
Don’t wait to see a doctor. Adrenaline can mask pain immediately after an accident, and back injuries are notorious for worsening over time. A prompt medical evaluation protects your health and creates a record that ties your injuries directly to the accident.
Attend every follow-up appointment, complete your physical therapy, and follow your provider’s instructions. Any gap in treatment gives the insurance company an opening to argue that you weren’t seriously hurt or that you failed to mitigate your damages.
Save every medical bill, prescription receipt, and insurance communication. Keep a written record of how your injury is affecting your daily life — your ability to work, sleep, move, and care for your family. This kind of personal documentation can be powerful evidence of your pain and suffering.
Photos, videos, witness contact information, and official accident or incident reports are all critical pieces of evidence. If you’re seriously injured and unable to gather this information yourself, call KNR immediately — our team can help preserve evidence before it’s lost.
Adjusters are trained to limit what the insurer pays out. Before you give a recorded statement or respond to a settlement offer, speak with an attorney. A single misstep in how you describe your injury can be used to reduce or deny your claim.
Time is not on your side. Ohio’s statute of limitations puts a firm deadline on your ability to take legal action, and evidence doesn’t wait.
Back injuries can occur under complex circumstances, and more than one party may share legal responsibility. A careful investigation is needed to identify all sources of liability.
Depending on how your injury occurred, responsible parties may include:
KNR investigates every angle of your case to ensure that no liable party is overlooked — because recovering the full compensation you deserve often depends on identifying all responsible parties.
Back injury cases require a different level of attention than routine claims. The injuries are complex, the insurance company opposition is fierce, and the stakes — your health, your income, your future — are high. Here is how KNR works for you.
Every strong back injury claim starts with thorough documentation. Our team gathers medical records, imaging results, accident reports, employer safety records, witness statements, and any other evidence to establish how your injury occurred and who is responsible. We leave nothing to chance.
Back injuries often require expert testimony to be properly understood by insurance adjusters, opposing counsel, or a jury. KNR works with qualified medical professionals, vocational experts, and — when appropriate — accident reconstruction specialists to present a complete, credible picture of your injuries and their impact on your life.
One of the most common mistakes in back injury cases is settling before the full scope of the injury is understood. Chronic back conditions can require treatment for years and affect your earning capacity indefinitely. KNR calculates what your claim is truly worth — including future medical costs, long-term lost income, and the ongoing impact on your quality of life — before a single negotiation begins.
You should never have to negotiate with an insurance adjuster on your own, especially when you’re still recovering. KNR handles all communication with insurers and pushes back against lowball offers, bad-faith tactics, and attempts to blame your injuries on pre-existing conditions.
Most back injury cases settle — but not all of them should. If the compensation being offered doesn’t reflect the true value of your losses, KNR is fully prepared to take your case to trial. Our attorneys have courtroom experience and the resources to litigate against large companies and well-funded insurance carriers.
A serious back injury touches nearly every part of your life, and Ohio law allows you to seek compensation for both its financial and personal impact. Recoverable damages may include:
KNR takes a thorough approach to damages — because we know the true cost of a back injury is almost always higher than an insurance company’s initial offer suggests.
Most personal injury claims in Ohio must be filed within two years of the date of the accident. Certain exceptions apply — for example, when the injured person is a minor, or when a government entity is involved — but these situations require specific handling.
Back injury symptoms sometimes emerge gradually, which leads some victims to delay seeking legal help. Don’t let that delay cost you your right to recover. The earlier you involve an attorney, the better positioned your case will be.
If your injury resulted from someone else’s negligence and has caused medical bills, lost work, or meaningful pain and limitations, it is worth discussing with an attorney. You don’t need a catastrophic diagnosis to have a valid claim. Many back injury cases — including disc injuries, soft tissue damage, and nerve conditions — result in significant compensation when properly presented.
Not necessarily. Ohio law holds negligent parties responsible for the harm they cause, including harm that is made worse by a pre-existing vulnerability. If you were managing a prior back condition and an accident worsened it, you may still recover for the aggravation of that condition. The key is working with an attorney who knows how to document and present that distinction clearly.
A workplace back injury may entitle you to Ohio workers’ compensation benefits. But if someone other than your employer played a role — a negligent contractor, a third-party driver, or a defective piece of equipment — you may also be able to file a separate personal injury lawsuit for additional damages that workers’ comp doesn’t cover. An attorney can help you understand all available options.
Ohio follows a modified comparative negligence rule. You can still recover compensation as long as you are not more than 50% responsible for the accident. Your award would be reduced in proportion to your share of fault, but you would not be barred from recovering entirely. Having an attorney ensures your degree of fault is not overstated by the other side.
The timeline varies depending on the complexity of your injuries, the number of parties involved, and whether the case settles or goes to trial. Back injury cases can be more complex than other claims because it often takes time to fully understand the extent of the injury. Resolving too quickly can mean leaving money on the table, which is why KNR advises clients against accepting early settlement offers before their medical picture is complete.
This is one of the most common tactics insurers use in back injury cases. They may rely on a lack of immediate ER documentation, gaps in treatment, or the absence of visible injury to minimize your claim. KNR knows how to counter these arguments with strong medical evidence, expert testimony, and a thorough accounting of how your injury has affected your life.
A back injury caused by someone else’s negligence shouldn’t become your financial burden to bear. Whether you’re facing weeks of recovery or a lifetime of limitations, Kisling, Nestico & Redick is prepared to fight for the compensation that reflects what you’ve truly been through.
Our attorneys have helped thousands of injured Ohioans get back on their feet — and we’re ready to do the same for you.
Reach out today for a free, no-obligation consultation. You pay nothing unless we recover compensation for you.