Neck Injury Cases
Neck Injuries from Car Accidents
The cervical sprain is the main cause of injury by traffic accident, in rear-end collisions. In fact, 65% of the injured in these types of accidents suffer cervical spine injuries, according to the National Highway Traffic Safety Administration (NHTSA). Also called whiplash, this disorder occurs because of an impact that causes a sudden movement of the head backwards and forwards or in both directions.
In general, the most common symptoms of neck injuries are episodes of headaches, dizziness, neck pain, and visual disturbances. However, the symptoms vary depending on the degree of the injury. Thus, for example, most patients who suffer from cervical syndrome suffer from neck pain, muscular contraction in the trunk -from the neck to the pelvis- and limitation of neck movements causing headaches. When the neck pain ascends to the shoulders and arms, with partial loss of sensation and strength, this is categorized as cervical-brachial syndrome. In these cases, patients express difficulties concentrating, memory alterations and vegetative manifestations (nausea), as well as hearing, vision, and balance.
These are just a few of the many losses that entitle you to compensation after a neck injury:
- Medical bills: An injury can require years of medical treatment and rehabilitation. This is expensive. You are entitled to compensation for all medical bills you have incurred because of the accident. You are also entitled to compensation for all medical bills that you may incur in the future because of the accident. It can be difficult to estimate future medical expenses.
Often, expert accountants and economists must project these calculations. An experienced personal injury attorney will be able to find the right expert witnesses and present their testimony persuasively to the insurance company or jury.
- Lost wages: Lost wages can also be difficult to calculate. In simple cases, lost wages are found simply by multiplying the employee’s hourly wage by the number of hours he lost due to the accident. (Wages are prorated to a forty-hour workweek). But in many cases, lost wages are much more complex. Employees are also entitled to compensation for bonuses or benefits that they would have received had it not been for the accident. Insurance companies will likely fight these claims and demand proof that you were indeed entitled to the bonus.
Injured employees are also entitled to any future income they lose due to their injuries. This covers the hours they will miss for future medical appointments. It also includes a decrease in their future earning capacity.
If your injuries forced you to work fewer hours or put you in a position that is less physically demanding, you will likely be paid less. A negligent defendant must pay you the difference between your new (lower) income and what you would have earned had it not been for your injuries. For injury victims who are unable to work permanently, this figure covers all wages that the victim could have earned for the rest of their life. It also includes the value of benefits paid by an employer, such as health insurance or retirement contributions. These numbers add up quickly. That is why it is so important that injury victims are represented by an experienced accident attorney who knows how to fight for the full value of their future lost income.
- Loss of quality of life: Neck injuries can have a dramatic impact on a victim’s daily life. Many victims are unable to exercise or participate in sports activities. Some must give up hobbies that meant a lot to them. Some miss important family events, such as weddings or graduation ceremonies. Some must suffer the anguish of not being able to support their children. Insurance companies may ignore these losses completely. Their settlement offers almost never cover the loss of enjoyment of life, yet these are often the most devastating losses a victim must bear.
In recent years, personal injury attorneys have made significant progress in helping juries understand the value of these intangible losses. Jurors recognize the impact injuries have on a victim’s daily life, and their awards reflect this. This has encouraged claims adjusters to factor in the loss of enjoyment of life when making settlement offers. An experienced accident attorney can help the insurance company or jury accurately understand how your injuries have affected your daily life.
Filing a Car Accident Injury Lawsuit
Neck injuries caused by car accidents can require expensive medical treatment and long recovery times. These injuries can be completely life-altering, leaving victims unable to return to the same quality of life they experienced before their accident. If you have suffered a neck injury in a car accident caused by the negligent behavior of another party, it may be in your best interest to pursue legal action to obtain compensation for your losses.
If you are interested in pursuing legal action after being involved in a car accident, it is important to know that the statute of limitations, which is the amount of time you must file a claim, varies from state to state. For example, in Texas, you have two years from the date of the accident to file a lawsuit against other drivers, in most cases. If you are filing a claim against a public entity such as a municipality or a public authority, you must provide notice of claim within 90 days of the accident. After providing the notice, you have one year and 90 days to file a claim for an injury. An experienced attorney will be able to guide you through this process.
To help your case, it is important that you have evidence of your accident, such as a copy of the police report, photos of the accident scene, as well as any medical records documenting your injury. The more evidence you have, the easier it will be to support your case.
Contact our personal injury lawyers at 832-324-2616. Get in touch with us immediately so we can evaluate your case for free. We are available 24 hours a day, 7 days a week. You can also fill out a form by clicking here. Se habla Español.