Neck & Back Injury Attorneys in St. Louis, MO

One of the most common, yet devastating injuries you can experience is a spinal injury. Spinal injuries can and do impact your ability to work, prevent you from enjoying your life, and cause significant pain and suffering. 

If someone else's negligence caused your injury, whether a car accident, a workplace injury, or a falling accident [insert hyperlink], – you may be entitled to compensation for medical expenses, lost wages, and pain and suffering.

At Schmittgens Injury Law Firm, we will investigate your claim, determine all potentially liable parties, and work to obtain a monetary recovery on your behalf. Rob Schmittgens has nearly a decade of experience handling all aspects of neck and back injury cases and has recovered millions of dollars on behalf of his clients. 

Call us at 314-222-4223 to get your case started without the Schmittgens Injury Law Firm. 

Common causes of neck and back injuries. 

Often, a momentary lapse in judgement can lead to a lifetime of pain and suffering because of a neck and back injury. When a person or people are negligent and careless, they can be held responsible for causing neck and back injuries. Some specific of neck and back injury causes that can involve negligence : 

Traffic accidents, including car accidents, pedestrian accidents, trucking accidents, and bicycle accidents

Workplace accidents

Construction accidents

Slip and Fall Accidents

What is negligence and why is it important? 

Legally speaking, negligence has four elements: 1. Duty of Care; 2. Breach of Duty; 3. Causation; and 4. Damage. This means that a plaintiff must prove that the defendant(s) owed them a duty of care, their conduct breached that duty, and as a result of that breach, the plaintiff suffered damages. In layman's terms, a plaintiff must show that the defendant(s) conduct caused the plaintiff’s injuries. 

It is a prerequisite to assert a personal injury claim to prove that a defendant(s) was negligent to be able to make a recovery. The defendant’s actions and inactions must cause or contribute to cause the damages suffered by the plaintiff.

At Schmittgens Injury Law Firm, we have extensive experience analyzing the facts of losses and determining who is responsible for your injuries. Contact us today for a free case evaluation! 

How do neck and back injuries affect someone’s life?

The spinal cord is the “superhighway” of your body. Your body’s ability to function runs through the nerves that are protected by the spinal cord. Damage to your spine can result in significant pain, extensive medical treatment, and impairment of basic functions. 

Injuries to your spine vary in nature, but can be long lasting or even permanent effects. It is important to get immediate and comprehensive medical care to determine the severity of injury and what type of care is necessary to relieve your pain. 

In the short term, a spinal injury often requires dozens of medical appointments to relieve short term pain. In the medium and long term, spinal injuries can result in accelerated aging, long term discomfort, and a loss of bodily function(s). 

Your individual damages are unique to you, and an experienced lawyer, like Rob Schmittgens, can obtain maximum value for your case after a thorough investigation of your injury.

How much will my care cost?

It’s impossible to determine how much your medical treatment will cost at the start of your case. However, as we work on your case, we will determine all of the medical bills and incorporate payment of those bills in any recovery we obtain on your behalf. 

How does my attorney maximize the value of my case?

After hiring Schmittgens Injury Law Firm, we will collect necessary evidence for your case, including reports, pictures/videos, witness statements, and medical records/bills. Depending on the unique circumstances of your case, this process can take days, weeks, or even years. 

As the evidence is added to your file, our attorneys will be able to determine liable parties, meaning people or companies who might have contributed to cause your injuries. We will alert those potentially liable parties to our pursuit of your claim and discuss the case with their representatives. 

After you have completed your medical care and we have evidence of all of your damages (losses), we will put together a demand package to be sent to the insurance company or companies for anyone who bears some of the responsibility for your injuries and attempt to negotiate a settlement. 

Sometimes, the insurance company will make a reasonable offer of settlement and we are able to resolve your matter quickly. Other times, the insurance company will make laughably small offers of settlement. Regardless, our attorneys will advise you of any offers of settlement and how to best proceed. 

What is the average recovery in a neck or back injury case?

There is no "average" settlement in personal injury claims and anyone who claims there is lying. The value of each case is based on three main factors, the liability (who is responsible), the severity of your injuries, and the amount of insurance that is available from the policy. 

At Schmittgens Injury Law Firm, we will analyze these factors after a thorough investigation and explain our view on how much your case should be worth. 

Frequently Asked Questions

  • The sooner we can get started on your case, the better. By getting started working on your case, the quicker we are able to preserve evidence and make sure you get the medical treatment you need to fully diagnose, treat, and understand your injruires. 

  • For personal injury claims, including neck and back injuries, Missouri's statute of limitations is five years from the date of the injury.

    The statute of limitations in Illinois is two years from the date of the injury. 

    These time frames can vary based on circumstances, such as the discovery of the injury later or whether the injury involves a government entity. A qualified attorney, like those at Brown & Brown, can ensure you file within the appropriate time limits.

  • Insurance claims and lawsuits for a neck or back injury differ in several key ways:

    Process
    Insurance claims involve submitting a claim to the at-fault party's insurance company or your insurance provider. The insurer reviews the claim, negotiates a settlement, and may approve or deny the payout.

    Lawsuits involve filing a legal complaint against the responsible party. This is followed by discovery, depositions, and potentially a trial.

    Timeline
    Insurance claims are generally resolved faster, sometimes within weeks or months.

    Lawsuits can take months or even years, particularly if the case goes to trial.

    Compensation Amount
    Insurance claim settlements are usually limited by the policy's coverage limits. They may not fully account for long-term damages.

    Lawsuits allow for broader compensation. This includes pain and suffering, lost earning potential, and sometimes punitive damages.

    Burden of Proof
    With an insurance claim, the insurer determines liability based on provided evidence, medical records, and expert opinions.

    Lawsuits require presenting evidence in court to prove negligence, damages, and liability, often with the help of legal representation.

  • You can file a lawsuit if a pre-existing condition – such as degenerative disc disease, osteoarthritis, or a prior spinal injury – aggravated your neck or back injury. 

    To succeed in your case, you'll need to show that:

    The accident or incident worsened your existing neck or back condition.

    The aggravation resulted in additional pain, medical treatment, or disability beyond what you already experienced.

    The responsible party's negligence had a direct effect on your condition.

    Insurance companies may deny or try to reduce your claim by arguing that your pain or symptoms existed before the accident. Medical records play a critical role in differentiating between your prior condition and the new or worsened injury. You may also need expert testimony from doctors to clarify how the accident contributed to your current condition.

Schmittgens Injury Law Firm, for Your Neck & Back Injury Case!