Back Injury a lower back injury, torn ligaments, and/or a fractured spine Even if a back injury is not too severe, lacerated discs or injured vertebrae can result in medical complications that make it difficult to work or engage in normal physical activity. Mr. Charles P. Charlton works with experienced medical professionals, physical therapists, and back experts to determine the nature and scope of his client's injuries. Types of back injuries include, herniated discs, crushed vertebrae, a lower back injury, torn ligaments, and/or a fractured spine.
Back injuries typically involve either injury to the muscle and tendons or injury to the spinal column. Complications can arise when an injury fails to heal properly or when damage involves the permanent loss of mobility. In both cases, qualify of life is impacted as injury victims may be unable to do the things they normally do or work.
Under California law, "[A] person injured by another's tortious conduct is entitled to recover the reasonable value of medical care and services reasonably required and attributable to the tort." (Hanif v. Housing Authority of Yolo County (1988) 200 Cal.App.3d 635, 640, internal citations omitted.)
A person may also recover for all detriment caused whether it could have been anticipated or not. In accordance with the general rule, it is settled in this state that mental suffering constitutes an aggravation of damages when it naturally ensues from the act complained of, and in this connection mental suffering includes nervousness, grief, anxiety, worry, shock, humiliation and indignity as well as physical pain. (Crisci v. The Security Insurance Co. of New Haven, Connecticut (1967) 66 Cal.2d 425, 433 internal citations omitted.)
The California Supreme Court has stated: " 'Under the prevailing American rule, a tort victim suing for damages for permanent injuries is permitted to base his recovery "on his prospective earnings for the balance of his life expectancy at the time of his injury undiminished by any shortening of that expectancy as a result of the injury.' " (Fein v. Permanente Medical Group (1985) 38 Cal.3d 137, 153, internal citations omitted.)
When necessary, Mr. Charlton creates day-in-the-life videos in order to explain how a back injury has affected our client's ability to do normal, everyday activities. He makes sure jurors understand how his client's life has been changed, how it affects their family, and what their prospects are, for returning to work. Contact Mr. Charles P. Charlton to schedule a free consultation at (310)286-0334.