Can You File Multiple Claims for Back Injuries?
Back injuries are among the most common reasons people pursue personal injury claims. Whether the injury results from a car accident, a workplace incident, or a slip and fall, the impact can be severe.
Many of our clients at Stiberth, Scarlati & Boudreau, LLC in Chicago, Illinois, ask whether they can file multiple claims for a back injury. The answer depends on several factors, including how the injury occurred, who is responsible, and whether different claims can be made under Illinois law.
While one incident may lead to a single claim, multiple claims can sometimes be filed if different parties contributed to the injury or if separate legal grounds exist. Our firm works closely with injured clients to assess all potential claims and pursue the maximum compensation available under the law.
Back Injuries in Personal Injury Cases
Back injuries can range from mild strains to life-altering spinal cord damage. Common types of back injuries include herniated discs, fractured vertebrae, and nerve damage.
In many personal injury cases, these injuries result from high-impact accidents, such as vehicle collisions or falls from heights. Repetitive strain from physical labor or workplace hazards can also cause or worsen back injuries, leading to further legal considerations.
Illinois law allows injured individuals to seek compensation if another party's negligence contributed to the injury. Personal injury claims typically cover medical expenses, lost wages, and pain and suffering. However, in cases where the injury is aggravated over time or involves multiple liable parties, multiple claims may be necessary.
Situations Where Multiple Claims May Be Possible
Filing multiple claims for a back injury isn’t always straightforward. Illinois law doesn’t allow individuals to recover twice for the same injury, but different claims may be filed when separate causes or responsible parties exist. Some situations that may justify multiple claims include:
1. Workplace Injuries and Third-Party Liability
If a back injury happens at work, workers' compensation typically covers medical expenses and lost wages. However, if a third party—such as an equipment manufacturer, contractor, or another driver—contributed to the injury, a separate personal injury claim may be filed.
Workers’ compensation doesn’t provide damages for pain and suffering, but a personal injury claim against a third party can.
For example, if a construction worker suffers a back injury due to defective scaffolding, a workers’ compensation claim would be filed against the employer, while a product liability claim could be pursued against the manufacturer.
2. Aggravation of a Preexisting Condition
In some cases, a person with a prior back injury may suffer further harm due to a new incident. If the new injury was caused by someone else’s negligence, a personal injury claim can still be filed.
Illinois law allows compensation for aggravated injuries, even if the individual had a preexisting condition. The challenge in these cases is proving how much of the injury was worsened by the new accident rather than the prior condition.
Medical records play a critical role in these cases. Documentation from before and after the accident helps establish the extent of the aggravation and supports a claim for additional damages.
3. Multiple Negligent Parties
A back injury claim may involve more than one negligent party. In Illinois, comparative fault rules allow claims against multiple defendants, with each party responsible for their share of the damages. For example, in a multi-vehicle accident where more than one driver was at fault, claims may be filed against each liable party.
In a premises liability case, both a property owner and a maintenance company could share responsibility for unsafe conditions that led to a back injury. Pursuing multiple claims in these situations allows injured individuals to recover from all responsible parties.
4. Successive Accidents and Separate Injuries
If a person suffers two separate back injuries in different incidents, each injury may be the basis for a separate personal injury claim. This often happens when someone is recovering from an initial injury and then experiences another accident that worsens their condition.
For example, if a person suffers a back injury in a slip and fall accident and later reinjures it in a car crash caused by another driver, two separate claims may be necessary. Each claim must establish liability and damages independently.
Legal Challenges in Filing Multiple Claims
While Illinois law permits multiple claims in certain situations, doing so requires strong legal arguments and substantial evidence. Insurance companies and defendants often attempt to limit liability by arguing that the injury existed before the accident or was caused by another party.
Our firm works to counter these defenses by gathering medical records, accident reports, and expert testimony to establish the validity of each claim.
Another challenge involves making sure that damages are properly allocated across claims. Courts don’t allow double recovery, meaning that compensation cannot be awarded twice for the same medical expenses or lost wages. This requires careful case management to maximize recovery while staying within legal guidelines.
How Our Firm Handles Multiple Personal Injury Claims
At Stiberth, Scarlati & Boudreau, LLC, we assess every case individually to determine the optimal legal strategy. When multiple claims are an option, we take steps to build strong cases for each one. This includes:
Conducting thorough investigations to establish liability
Working with medical professionals to document injuries and their impact on daily life
Gathering evidence such as surveillance footage, witness statements, and accident reports
Negotiating with multiple insurance companies and defendants to seek full compensation
We also advise clients on settlement offers and litigation strategies. Some cases may be resolved through settlements, while others require court proceedings to secure fair compensation.
How Insurance Companies Approach Multiple Claims
Insurance companies look for ways to limit their payouts, especially in cases involving multiple claims. When multiple claims arise from a back injury, insurers may attempt to shift blame between parties or argue that the injury was preexisting.
One challenge claimants face is dealing with multiple insurance policies. If a workplace injury is followed by a car accident that worsens the condition, separate insurers may argue over which incident caused the most damage.
This can lead to delays in compensation and reduced settlement offers. Our firm works to prevent these tactics by building strong cases that establish liability and injury progression.
Additionally, insurance companies may offer quick settlements to limit their exposure. These offers rarely account for long-term medical costs, ongoing treatment, or the full extent of pain and suffering. We advise our clients to consult with us before accepting any settlement to confirm they receive full and fair compensation.
Statute of Limitations and Filing Deadlines
Illinois law imposes strict deadlines for filing personal injury claims. The general statute of limitations for personal injury cases is two years from the date of injury. However, different claims may have different deadlines:
Workers' compensation claims must be reported to the employer within 45 days, and a formal claim must be filed within three years of the injury or two years after the last payment of benefits.
Medical malpractice claims must be filed within two years from when the injury was discovered but no later than four years from the incident.
Claims against government entities often have shorter deadlines, sometimes as little as one year from the injury date.
Because timing is critical, we encourage clients to seek legal advice as soon as possible after an injury. Waiting too long to file a claim can result in losing the right to seek compensation.
Reach Out to Our Firm Today
At Stiberth, Scarlati & Boudreau, LLC, we’re committed to helping our clients understand their rights and pursue every available legal option. We’re proud to serve Chicago, Illinois, and the surrounding areas of Cook County and Collar County. Call our firm today.