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If you or a loved one has been hurt in a car accident in Red Oak, understanding the full scope of your injuries and your legal options is critical. Car crashes can produce injuries that go far beyond cuts and bruises, and the road to recovery is often long, painful, and expensive. An experienced car accident attorney can help you pursue the compensation you deserve.
Car accidents are a leading cause of serious injury across Iowa. Many people who are hurt in collisions focus on the immediate aftermath, not realizing that some of the most significant injuries, and the most significant costs, may not fully reveal themselves for weeks, months, or even years. For residents of Red Oak involved in a crash, knowing what types of injuries can occur and how the legal process works could make a meaningful difference in the outcome of your claim.
This article covers three major areas that car accident victims in Red Oak need to understand: broken back injuries and spinal cord risks, knee injuries that may eventually require total knee replacement surgery, and the role expert witnesses play in proving your case in court.
Broken Back Injuries After a Red Oak Car Accident
Among the most severe injuries a person can sustain in a car crash is a broken back. A broken back refers to one or more vertebrae in the spinal column becoming fractured as the result of trauma. In a car accident, the two areas of the back most commonly affected are the thoracic and lumbar vertebrae, though any area of the back may become fractured or dislocated depending on the nature of the collision.
There are three major types of fracture patterns a car accident victim may experience:
- Flexion fracture
- Extension fracture
- Rotation fracture
Within each pattern, different specific fracture types may occur, such as compression fractures, fracture-dislocations, and axial burst fractures.
Why a Broken Back Is So Dangerous
The vertebrae of the spinal column serve a critical purpose: they protect the spinal cord. When vertebrae are disturbed due to a fracture or dislocation, the consequences can be severe. If the spinal cord itself is damaged, paralysis or other permanent neurological problems may result. According to the Centers for Disease Control and Prevention (CDC), a traumatic injury to the spinal cord can cause long-term neurological injuries that may affect:
- Nerves
- The respiratory system
- The urinary system
- The gastrointestinal system
- A person's psychological wellbeing, through depression or anxiety
While paralysis and loss of bodily function are typically the most immediate concerns following a spinal cord injury, changes in mood, personality, and mental capacity can also result. These impacts can be just as devastating to the injured person and to their family.
If no harm to the spinal cord occurs, fractured vertebrae may still require medical care, surgery, and a painful and lengthy healing process. A broken back can also prevent a person from returning to the same active lifestyle they once enjoyed. Additionally, car accident victims who suffer a broken back may develop post-traumatic stress disorder (PTSD) as a result of the crash itself.
Protecting Yourself on the Road
The CDC reports that car accidents are responsible for 46 percent of spinal cord injuries in the United States. However, the CDC also notes that wearing a seat belt while driving can reduce the odds of sustaining a spinal cord injury by 60 percent. When a seat belt is combined with a properly functioning airbag, that risk reduction increases to 80 percent. For Red Oak drivers, making sure your seat belt is buckled and your airbags are in working order every time you get behind the wheel is one of the most important safety steps you can take.
Total Knee Replacement After a Red Oak Car Accident
While many people focus on broken bones and visible injuries following a collision, knee injuries are among the most common long-term consequences of car accidents and can require costly, life-altering surgery. One such procedure is total knee replacement (TKR) surgery.
Total knee replacement surgery may be necessary for those who have suffered severe knee damage and pain. A healthy knee has adequate joint cartilage and healthy bone mass, but a damaged knee often has deteriorated cartilage and bone. During a TKR, the surgeon replaces non-functioning parts of the knee with synthetic materials. While TKR can alleviate pain and discomfort, the knee may not return to the same full function it had before the injury.
Following a TKR, patients may be unable to take part in activities they once enjoyed, including:
- Running
- High-impact sports
- Sustained physical activity
Recovery time after TKR surgery varies from person to person, but typically requires a hospital stay of several days. After that, the patient may need to use crutches or a walker before gradually being able to walk with minimal assistance.
Car Accident Knee Injuries That Can Lead to TKR
Total knee replacement becomes necessary when the knee loses significant function. While arthritis is the most common cause of such deterioration, a traumatic accident can also lead to this outcome. Sometimes the trauma causes an immediate need for surgery. In other cases, the injury results in chronic arthritis over time that eventually requires TKR. Types of knee injuries from car accidents that may lead to knee deterioration and ultimately require total knee replacement surgery include:
- Posterior cruciate ligament (PCL) injuries
- Anterior cruciate ligament (ACL) injuries
- Medial collateral ligament (MCL) injuries
- Knee sprain injuries
- Knee dislocation injuries
- Knee fracture injuries
Because knee replacement surgery may not be required immediately after the accident, but becomes necessary years later due to an injury that did occur during the crash, an attorney can help you clarify your legal options to recover damages related to both immediate and future medical costs. Your car accident attorney should account for all damages related to your accident and knee injury, including anticipated future costs like TKR surgery, so that your settlement reflects the true financial impact of your injury.
What Is an Expert Witness in a Red Oak Car Accident Case?
When a car accident case goes to court, an attorney often needs more than just the testimony of the people involved. In many cases, the facts in dispute, whether related to fault, the nature of an injury, or the long-term costs of medical care, require the testimony of professionals with specialized knowledge. These professionals are known as expert witnesses.
Generally speaking, an expert witness is a professional who has extensive experience and qualifications in a field directly related to an issue in the case. Parties to a lawsuit bring in expert witnesses to answer questions and provide testimony about disputed facts. Those questions can range from who was at fault in the accident to how much medical damage a person suffered as a result of the crash.
How Expert Testimony Works in Court
For an expert witness to testify, the person must meet the qualifications outlined in the Iowa Rules of Evidence. Iowa Rule of Evidence 5.702 states that if scientific, technical, or other specialized knowledge will help the trier of fact understand the evidence or determine a fact at issue, a witness qualified as an expert by knowledge, skill, experience, training, or education may testify in the form of an opinion or otherwise.
It is up to the judge to determine whether a particular person meets these qualifications and whether their testimony can help resolve a disputed fact in the case. There may be a hearing before the expert testifies where opposing sides argue about whether the individual qualifies. After the expert testifies, the opposing party has the opportunity to cross-examine the expert and point out any flaws, errors, or potential bias in the testimony.
How Expert Witnesses Help Establish Fault and Damages
Expert witnesses play a critical role in two major aspects of a car accident lawsuit: fault and damages. Both are closely tied to the types of serious injuries described earlier in this article.
Fault: Fault is an important element of any car accident case given Iowa's comparative negligence laws. An accident reconstructionist may be brought in to testify regarding fault. These experts can determine how fast a driver was going, the driver's point of view, the forces involved during the impact, and other aspects of the crash. Plaintiffs may also call upon engineers or scientists to testify in product liability cases or about design errors in roadways.
Damages: Economists might testify about the value of a plaintiff's lost wages and benefits, or about the costs of the plaintiff's injuries. Plaintiffs may also ask their treating doctor to testify about the nature of their injuries and any future treatments that may be required. Rehabilitation specialists sometimes offer testimony as well. In cases involving serious injuries like a broken back or the need for total knee replacement surgery, this type of expert testimony can be especially important in helping a jury or judge understand the true long-term financial and physical impact of the injuries.
This list is not exhaustive, and plaintiffs can call upon other expert witnesses when the expert's knowledge is relevant to the case. The key is ensuring that any expert who testifies is properly qualified and that their testimony genuinely helps establish the facts in dispute.
Why Serious Injuries Require Serious Legal Representation
Car accidents that result in broken backs, knee injuries requiring total knee replacement, or other severe and lasting injuries carry financial consequences that extend far beyond the initial emergency room visit. Future surgeries, extended rehabilitation, lost wages, and diminished quality of life all factor into the full picture of what a victim has lost. Insurance companies, however, routinely offer initial settlements that do not come close to accounting for these long-term costs.
Understanding your rights as an accident victim in Red Oak can be complicated, especially when you are dealing with a serious injury. An experienced car accident attorney will work to identify all the damages you are entitled to recover, consult qualified expert witnesses when needed to support your claim, and fight on your behalf against insurance companies that may be trying to minimize what they pay out.
Whether your injuries involve fractured vertebrae and spinal cord concerns, a knee injury that may require replacement surgery down the road, or any other serious harm caused by another driver's negligence, having a knowledgeable attorney in your corner can make a significant difference in the outcome of your case.
Seeking Legal Assistance in Red Oak
Seeking legal counsel from experienced Red Oak Iowa car accident attorneys such as those at Walker, Billingsley & Bair can provide invaluable support in filing insurance claims or pursuing personal injury lawsuits. With a comprehensive understanding of Iowa law, their team can help gather evidence, establish liability, and secure the compensation deserved by accident victims.
Suffering from the aftermath of a car accident shouldn't impede your pursuit of justice and fair compensation. The Iowa injury lawyers at Walker, Billingsley & Bair work hard to level the field between injured Iowans and insurance companies.
That's why we provide this FREE book; The Legal Insider's Guide to Iowa Car Accidents: 7 Secrets to Not Wreck Your Case. To learn more about what our legal team will do to help you protect your Iowa injury claim, contact Walker, Billingsley & Bair to schedule a no-cost consultation. Call 641-792-3595 to order your free accident book today.