Back Injury Lawyer in Massachusetts

Back Injuries After Accidents in Massachusetts

Back injuries are among the most common and most challenging personal injury claims. They range from acute muscle strains that resolve within weeks to severe disc herniations, spinal fractures, and nerve damage that cause chronic pain and permanent limitations. Insurance companies routinely attempt to minimize back injury claims, arguing that the injuries are pre-existing, not caused by the accident, or not as serious as claimed. Attorney Jeffrey C. Lavey has represented back injury victims throughout Massachusetts for over 37 years and knows exactly how to build and present these cases.

Types of Accident-Related Back Injuries

• Lumbar and cervical muscle strains from the rapid forces of impact
• Herniated or bulging intervertebral discs that cause radiating pain and nerve compression
• Compression fractures of the vertebral bodies, particularly in older adults
• Facet joint injuries that cause localized spinal pain
• Spinal cord injuries in the most severe accidents
• Spondylolisthesis: slipping of vertebrae caused or worsened by impact forces
• Sacroiliac joint injuries from high-impact falls or rear-end collisions

The Insurance Company’s Standard Playbook

In almost every significant back injury case, the at-fault party’s insurance company will hire a doctor to review the victim’s medical records and argue that the injury is either pre-existing or not caused by the accident. They will offer a low settlement early, before the full extent of the injury is known. They will argue that the treatment is excessive. Attorney Lavey prepares for every element of this playbook with the medical expert support, treatment documentation, and factual development that a fully prepared case requires.

The Eggshell Plaintiff Doctrine

If your accident aggravated a pre-existing back condition, a degenerated disc, prior surgery, or prior injury, the at-fault party is still responsible for all new harm caused by the accident, even if a person without the pre-existing condition would have sustained less severe injuries. This is the eggshell plaintiff doctrine, and it applies clearly under Massachusetts law. Attorney Lavey uses orthopedic expert testimony to document what was pre-existing and what the accident caused or worsened, and presents the full consequences of the aggravation as compensable damages.

Compensation for Back Injury Victims

Back injury compensation includes all medical expenses past and future, all lost wages during recovery, long-term loss of earning capacity if chronic pain limits your ability to work, pain and suffering, which can be substantial for chronic back pain that affects every waking hour, and the cost of future medical management including ongoing physical therapy, pain management, and potential future surgery. Attorney Lavey documents every element of damages in every back injury case.

Frequently Asked Questions