Back injuries are among the most common consequences of car crashes, falls, and workplace incidents in Delaware. They are also among the most disputed by insurers because spinal anatomy is complex and pre-existing degeneration is common. A back injury that disrupts your career, requires surgery, or leaves you with chronic pain may entitle you to seek compensation for medical costs, lost income, and pain and suffering.
Joseph M. Jachetti, licensed in Delaware since December 1998 (Delaware Bar #003744), has experience handling back injury cases including herniated disc and lumbar surgery claims. His 10-year prior career as an insurance claims adjuster shapes how he documents acute injuries against pre-existing degenerative findings.
How Back Injury Cases Happen in Delaware
Common causes of back injuries in Delaware include rear-end car crashes on I-95 and Route 1, slip-and-fall accidents on commercial premises, lifting injuries at warehouses and distribution centers (including Amazon facilities along the Route 1 corridor), construction site falls, and crush injuries from defective equipment. The lumbar spine bears the highest mechanical load and is most often injured.
Types of Back Injuries
- Herniated or ruptured disc
- Bulging disc
- Spinal stenosis
- Spondylolisthesis
- Vertebral compression fractures
- Facet joint injuries
- Sacroiliac (SI) joint injuries
- Spinal cord injury (most catastrophic)
- Soft tissue strains and sprains
Surgical Interventions
- Microdiscectomy for herniated disc
- Lumbar fusion (anterior, posterior, or lateral approach)
- Laminectomy for stenosis decompression
- Artificial disc replacement
- Spinal cord stimulator implantation for chronic pain
- Vertebroplasty or kyphoplasty for compression fractures
Who May Be Liable
Defendants depend on how the injury occurred: the at-fault driver, a property owner under premises liability, a third-party contractor at a worksite, the manufacturer of defective equipment, or an employer in a workers compensation scenario. Workers compensation does not bar third-party claims against non-employer parties.
How Delaware Law Applies
The general personal injury statute of limitations is two years under 10 Del. C. section 8119. Delaware applies modified comparative negligence under 10 Del. C. section 8132. Delaware PIP under 21 Del. C. section 2118 covers initial medical treatment in motor vehicle injury cases. Workers compensation under 19 Del. C. chapter 23 covers on-the-job back injuries with full medical coverage and disability benefits.
Establishing causation often involves comparing pre-incident MRI or X-ray (if available) with post-incident imaging, documenting symptom onset, and obtaining causation opinions from qualified medical professionals.
Damages You May Be Able to Pursue
- Past and future medical expenses including surgery
- Physical therapy and rehabilitation
- Pain management and injection therapy
- Lost wages and diminished earning capacity
- Pain and suffering
- Loss of life enjoyment
- Loss of consortium
- Home modifications for accessibility
How Insurance Companies Handle These Claims
Joseph Jachetti’s 10-year background as an insurance adjuster informs how carriers approach back injury claims. Insurers commonly argue that disc bulges and degenerative changes pre-existed the incident, that the claimant returned to normal activities too quickly, or that conservative care should have continued before surgery. Carrier-selected medical examiners (IME doctors) often opine that surgery was unrelated to the incident. Documentation of symptom onset, treatment continuity, and medical reasoning matters.
Steps to Take After a Back Injury
- Seek immediate medical evaluation.
- Request appropriate imaging (X-ray, MRI) if symptoms persist.
- Follow your treating provider’s recommendations consistently.
- Document daily pain levels and functional limitations.
- Avoid heavy lifting or activities that could be characterized as inconsistent with claimed injuries.
- Preserve all medical records and bills.
- Decline recorded statements with insurance representatives.
- Contact Schuster Jachetti LLP for a free consultation.
Frequently Asked Questions
What if my MRI shows degenerative changes?
Most adults have some degenerative findings on imaging. The legal question is whether the incident aggravated those conditions and produced symptoms.
Do I need surgery to have a strong case?
No. Many back injury claims involve conservative care including physical therapy and injections. Surgery generally increases damages but is not required to establish a claim.
How long do back injury cases take?
Back cases often take 12 to 24 months because treatment progression must be documented before settlement evaluation.
Can I get workers comp and sue someone else?
Yes. If a third party (not your employer) caused your back injury at work, you can pursue both workers compensation and a third-party claim, subject to subrogation rules.
What if I have to stop working?
Lost wages and lost earning capacity are recoverable damages. Documentation from your treating provider and an economist may help quantify long-term losses.
Schuster Jachetti LLP Serves Delaware Clients Statewide
Wilmington (302) 966-8684, Smyrna (302) 775-0728, Georgetown (302) 877-9524, Lewes (302) 527-9513. Sitewide: (302) 984-1000.
Talk to a Delaware Back Injury Lawyer Today
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📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.
Talk to a Delaware Attorney
Free consultation. No fee unless we recover compensation for you.
📞 Call (302) 984-1000
This page provides general legal information only. It is not legal advice and does not create an attorney-client relationship. Past results do not guarantee a similar outcome.