Neck injuries including whiplash commonly occur in automobile accidents. However, the victim might not have obvious injuries until days after the crash occurs. Because of that, it is always imperative to seek immediate medical attention after being involved in a collision even if you suspect your injuries are minor. A doctor can perform a comprehensive examination to diagnose your injuries that might not be detectable without an x-ray or other tests.
Rosenfeld Injury Lawyers LLC represents victims of automobile accidents and other types of professional negligence. Our law firm has successfully prosecuted cases for our clients who suffer a neck injury caused by the negligent actions of others. Our attorneys are available to answer any legal questions on how to receive the monetary compensation you deserve if your injuries were a result of a reckless driver's negligence. Should you have additional questions, we invite you to contact our office for a free review of your legal rights.
After the Accident Occurs
Following the traumatic experience of a car accident, you are likely in shock and more worried about the passengers or the damage to your car. If you were not at fault for causing the collision, you would obviously look to the other party to pay your bills.
Seeking compensation for your damages will be especially important if you are suffering from a neck injury. You might be wondering about the worth of your case. Here are some practical considerations when trying to answer that question (but for an overall estimate of your car accident case value, click here: What Is My Car Accident Case Worth?)
- Surgery to correct a neck injury from a car accident can cost tens of thousands of dollars.
- Following surgery for neck injuries, many prescriptions and other doctor recommendations will preclude patients from taking part in manual labor and other work they were able to perform before the car accident.
- The rehabilitation process for most neck injuries will prevent patients from doing strenuous activities for many weeks or many months.
- The value of a neck injury case can vary from a few thousand dollars to well north of one hundred thousand dollars.
These considerations should give you more context when trying to formulate how much your neck injury case is worth. The big factors in these cases are 1) the extent of medical bills 2) time away from work due to your disabilities caused by your injuries and 3) how much pain you will endure on a long-term basis because of the accident. Your attorney will also consider non-economic damages including emotional trauma, mental anxiety, and loss of enjoyment due to your temporary or permanent disability.
Whiplash is Often a Silent Injury
Doctors often describe neck injuries as “whiplash” when it actually just describes a wide array of neck injuries including soft tissue damage and muscle strain. Whiplash occurs when the vehicle was rear-ended, and the bodies of the driver and passenger propel forward while the head remains in place.
The sudden impact causes extreme flexion and extension that produces a whipping motion. Victims often experience an extreme jerking or snapping motion that causes severe damage to the neck. However, the victim may not feel any pain or discomfort until one or two days later, or even longer after the crash. Most doctors define whiplash as a hyperflexion/hyperextension injury or a cervical sprain/strain, neck strain/sprain, or myofascial injury.
Unfortunately, severe neck injuries can occur from all types of accidents and events other than a rear-end crash. Some potential causes of whiplash and other neck injuries might involve:
- Vehicle crashes not involving a rear end impact
- Contact sports including soccer, hockey, and football
- Snowboarding or skiing accidents
- Repetitive stress injury caused by work or sports activity
- Intentional act of assault where the victim was hit in the head
- Child abuse including shaken baby syndrome
- Slips, trips, and falls
I Was in a Car Accident. How do I Know if I Have a Neck Injury?
Many of the common symptoms associated with neck injuries and whiplash include:
- Sore neck muscles
- Intense neck pain
- Lower back pain
- Blurred vision
- Tinnitus (ringing in the ears)
- Arm or hand numbness
- Arm and hand pain
- Shoulder pain
- Memory issues
- Difficulty concentrating or focusing attention
- Unexplained fatigue or restlessness during sleep
- Bladder or bowel problems
- Radiating pain from the shoulders to the arms
Do I Have a Case for Compensation?
Receiving financial compensation for a car accident involving a neck injury is not always straightforward. To successfully resolve your case, you will need to prove four elements that the other driver was at fault and their negligence caused your injuries. In court, you must prove:
- The other driver had a responsibility to ensure your safety and the safety of others while operating their vehicle.
- The negligent, irresponsible, or careless actions of the other motorists caused the crash.
- The accident caused by the other motorists led to your injuries, losses, and damages.
- Your injuries, losses, and damages are real.
If you, or your attorney, can prove the four elements above, you might have a case for compensation. Proving that the jury will likely find the defendant legally liable during the trial can help accelerate the insurance company's need to settle the case out of court. Even if you have potentially high damages, it is likely more beneficial for you and the defendant to settle and take your chances of how the jury will decide the outcome at trial. The defendant may be faced with an amount to have to pay, or you may receive an amount too low to cover your expenses.
How Much is my Case Worth?
Valuating your claim for compensation can be challenging because the evidence and facts surrounding your case are unique. Your lawyer can review your claim to identify various factors that will help determine how much you will receive. While your injuries might be extensive, the limits of the defendant's automobile insurance policy might be too low to cover your expenses. If that is true, your attorney will review your insurance policy to determine if you have coverage for an underinsured motorist that would pay for the difference between what the defendants can pay and what you are owed.
Additionally, the value of your claim will be based on the extent of your injuries and how well you can heal from your condition in the future. Your injuries might range from a minor sprain, strain or contusion to a serious neck fracture that left you partially or completely paralyzed. You may have significant bone tissue damage that impairs your ability to move your body normally.
The insurance company paying your claim formulates an idea of the value of a settlement based on the nature of your injury and the cost of medical treatment you need now and in the future. Your surgeon might recommend a spinal fusion or ask that you wear a brace until your damage neck has healed.
As a part of your demand for compensation in working with the claims adjuster or insurance company, your attorney will need to estimate the cost of your potential recovery now and in the years ahead. This information will be required at trial when the jurors will ultimately decide how much you are entitled to receive. Your lawyer will estimate your economic and non-economic damages to include:
- Medical expenses
- Hospital costs
- Funding for ongoing rehabilitation, physical therapy, occupational therapy, and future surgical procedures.
- Lost wages due to time away from work caused by your temporary or permanent disability.
- The loss of future earning capacity due to your inability to returned to work in your same position.
- The cost of making changes in the household including adding wheelchair ramps, trapeze equipment, and grips near the bed, shower, and toilet.
- Non-tangible damages including pain, suffering, mental anxiety, emotional, loss of enjoyment of living.
Obtaining the Highest Settlement
The auto accident neck injury attorneys at Rosenfeld Injury Lawyers LLC fight aggressively on behalf of our clients to ensure they receive adequate financial compensation for their damages. While most of our cases are settled out of court, we have extensive litigation experience to prove the extent of your damages in front of a judge and jury. To ensure you receive adequate compensation, we base our cases on four crucial factors when negotiating with the insurance company or providing evidence at trial.
- We prove that the offender is 100% negligent for causing the accident that resulted in your injuries.
- We set a settlement or asked the jury for a trial award in an amount that claims all available coverage according to every insurance policy involved in the case.
- We fight aggressively to protect your rights to recovery and will not back down if the defendant is a large corporation represented by a team of attorneys.
- We have extensive experience in building our cases on comprehensive civil tort law and resolving cases through settlement and trial litigation.
If it is necessary to take your case at trial, we were to ensure you collect full damages for your injuries. We know how the defendant's attorneys will use sympathy to show the jury that their client was only minimally negligent in their actions and how other factors including your behavior might also be responsible for the accident. We use our skills to convey the extent of your losses and will build your case on the compassion and emotion needed to prove that your injuries are real.
As a part of resolving your claim, we will ensure you receive the best medical care and treatment during your case resolution. Seeing the best doctors for care will prove to the claims adjuster and jury how extensive your injuries are and why you need the financial compensation you do now and in the future. To build your case, we will hire medical professionals to provide expert testimony to show your damages and investigators to build the case on how the other driver was at fault.
Hiring an Attorney can Help You Obtain Financial Compensation
The automobile accident neck injury attorneys at Rosenfeld Injury Lawyers LLC understand that your injuries were not your fault but the responsibility of a reckless driver. We have successfully obtained millions on behalf of the victims and their family members to ensure they were adequately compensated to cover their medical expenses, household bills, lost wages, loss of future earnings, pain, suffering, and emotional damage and we can help your family too.
Our legal team encourages you to contact our attorneys today to schedule a free, no-obligation case consultation to discuss the merits of your monetary recovery claim. We accept all personal injury cases, wrongful death lawsuits, and car accident injury claims through contingency fee arrangements. This legal contract postpones the payment of legal services until after we have successfully completed your case through a negotiated settlement or a jury verdict.
Our law firm gets results quickly because we understand you need money now. We proudly offer every client a “No Win/No-Fee” Guarantee, meaning if we are unable to secure financial compensation on your behalf you owe us nothing. All information you share with our law office will stay confidential. Let us begin working on your case for monetary recovery now while you take time to heal from your injuries.
For additional information about cervical injuries, view our FAQ's here.