Neck Injury Lawsuit In 2024: Eligibility, Compensation, and Steps
Filing a neck injury lawsuit claim is a viable option if you or your loved one suffered a neck injury from a car crash or workplace accident. Neck injuries can range from minor to severe. The more serious ones could disrupt your normal daily activities and require expensive, long-term rehabilitation. Luckily, with help from a neck injury attorney, you can get maximum compensation to cover all your damage and losses resulting from the accident.
Who is eligible to file a neck injury lawsuit claim?
Any person who incurred a neck injury can file a neck injury case against the at-fault party. If the neck injury was a result of a car accident, the victim could file a case against the negligent driver or his employer in case the driver was on duty. A neck injury or personal injury lawyer can help build your case and fight for the maximum amount you deserve.
If the victim suffered from a neck injury due to a workplace accident or due to repetitive strain in the performance of his job, then the victim may file a claim with the worker’s compensation fund. However, if there is clear and convincing evidence that someone was negligent and caused the injury, then the victim might be eligible to file a neck injury lawsuit against the reckless party.
Talk to an experienced neck injury lawyer who can help identify who is accountable for your injury.
What are the types of neck injuries?
Neck injuries can be any of the following:
- Fracture of cervical vertebrae with damage to ligaments and soft tissue
- Damage to the spinal cord or discs, such as slipped or herniated discs
- Direct impact to the trachea, esophagus, larynx, and major veins and arteries.
What are the signs of a serious neck injury?
Many neck pain can go away quite easily with pain relievers and enough rest. However, you likely have a serious neck injury.when your discomfort persists or becomes intense. Other signs of severe neck injury include the following:
- Shooting pain in the arms or legs
- Weakness in the arms or legs
- Tingling in the arms or legs or numbness
- Inability to control one’s bladder or bowel
Steps to take following a neck injury in the workplace
If you or someone you love got injured in the neck in the workplace, here are the steps to take:
- Seek immediate medical attention. Make sure to tell your doctor that what you have is a work-related injury.
- Report your neck injury to your employer. Make sure to mention all the signs and symptoms that you feel.
- File a written notice of your injury to your employer.
- Gather all receipts, records, and reports related to the medical treatments you had and expenses you incurred.
- Contact a neck injury attorney you can trust.
Prove your neck injury lawsuit claim in case of a car accident
Your trusted neck injury and personal injury lawyer must prove the following so you can be entitled to neck injury lawsuit compensation:
- Duty to act in a certain way
- Breach of such duty
- Such breach causes the injury or death
- The claimant suffers damages as a result of the injury or death
What determines neck injury compensation?
After proving the above elements, the judge will decide the amount of damages to award you. The amount will most likely depend on the following considerations:
- The seriousness of the injuries incurred
- The extent of the damages suffered
- Property damages caused
- The victim’s age, occupation, and professional or social standing
- Whether the other driver’s insurance company was cooperative in terms of settling the case
- The standing and reputation of the neck injury collision lawyer
- The cause of the accident that caused the neck injury
- Whether the victim was also negligent (doctrine of comparative negligence or contributory negligence)
- The at-fault driver’s propensity to commit the crime
- Economic losses
- Non-economic losses
Economic losses refer to out-of-pocket expenses shelled out by the victim after the crash. The following may be awarded upon sufficient evidence presented:
- Past, present, and future medical expenses
- Lost wages
- Loss of earning capacity
- Funeral and burial expenses in case of the subsequent death of the victim
Non-economic damages refer to the monetary value of the pain and suffering the victim is undergoing. It includes:
- Lowered quality of life
- Pain and suffering
- Anxiety, mental anguish, and agony resulting from the injury
- Loss of consortium
Steps to take after a neck injury accident
What you or your loved one does after the accident can significantly help you and your neck injury attorney in getting maximum neck injury compensation. Here are four (4) non-negotiables – meaning the victim, his guardian (in the case of a minor victim), or the victim’s loved one must do them all after the accident.
The victim’s welfare is foremost. Call 911 immediately so an ambulance can come to pick up the victim. Timely medical assistance can help address any serious issue right away. The medical report will also be your basis when you file a neck injury lawsuit. Make sure to attend all your follow-ups and therapy sessions. Also, ensure to take the medicines prescribed by the physician.
Whether you are a visitor of an establishment, an employee of the workplace, or a client doing business in the building, it’s important to report the accident right away. File an incident report with your employer, or report the accident to the police for proper documentation. Notify the homeowner or building manager of the accident. The written report will be additional evidence, and the party receiving your report can be your witness.
Take pictures and videos of the area where the victim fell. Ask if a security camera is around and get a copy of the footage. Speak with eyewitnesses and ask for their contact numbers and addresses, so they can later on execute an affidavit. If the slip and fall was due to something on the floor, take a picture of that object and where it is located before bringing it with you.
It’s important to speak with a trusted spinal cord injury attorney to discuss your legal options. Don’t just sign any compromise, waiver, or settlement just yet – especially if coming from an insurance company.