In Fresno, there were a total of 1113 victims of auto collisions in 2020. Unfortunately, catastrophic accidents may result in significant bodily damage, such as neck injuries.
There is no specific compensation amount for neck injuries from car accidents. However, the settlement value will heavily depend on the severity of the neck injury and its impact on your life. This means you may receive restitution for the financial and non-monetary losses related to your neck injury.
Read on to learn how to claim compensation for neck injuries from car accidents.
What is a Neck injury?
A neck injury occurs when there is damaged tissue on the neck, such as muscles, ligaments, or nerves. Several types of neck injuries may result from an extreme impact on the neck, such as when you fall or are hit by a vehicle.
The following symptoms indicate that you suffer neck injuries:
- neck pain,
- Stiffness on the neck,
- throbbing pain when moving the neck,
- headaches,
- difficulty in moving the head or neck,
- pain in the shoulder, upper back, or arms,
- numbness in the arms,
- fatigue, and
- lightheadedness or dizziness.
If you have one or more symptoms after an accident, consult a doctor immediately to avoid further complications.
Can Car Accidents Cause Neck Injuries?
Car accidents may result in neck injuries. Because a seat belt restrains your body, your neck absorbs most of the force, causing it to jerk back and forth or side to side. Furthermore, you may be struck by objects or debris when hit by another vehicle.
Common neck injuries from car accidents are as follows:
- sprain or strain of the neck,
- cervical spine, herniated or slipped disc,
- pinched nerves,
- stiffness of muscles and tendons,
- compression or fracture of the neck,
- facet joint pain, and
- wounds and lacerations.
It is best to seek help from medical practitioners immediately if you experience neck pain to avoid complications.
Can a Neck Injury Cause Permanent Damage?
Neck injuries from car accidents may become permanent if not treated appropriately. While most neck injuries can be healed over time, others may experience long-term effects from the injuries. In such cases, it is best to consult a doctor and have the appropriate medications and treatments for your injury.
Suppose your neck injury resulted from a car accident caused by someone else’s negligence. In that case, you might consider your losses attributed to your permanent disability, such as medical equipment and future health expenses for rehabilitation.
How Much Are Neck Injury Settlements?
Neck injury settlements depend on the severity of the injuries and their impact on the victim’s life. For instance, an auto collision resulting in minor lacerations may have a lower settlement amount than an accident with permanent neck paralysis.
Generally, neck injury settlements are calculated based on the damages incurred by a victim. This is typically divided into two, namely:
- Economic damages are financial losses from car accidents, such as medical expenses.
- Non-economic damages are non-monetary losses that result from the accident’s damage, such as pain and suffering.
| Economic Damages (financial losses) | Non-Economic Damages (non-monetary losses) |
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While all these damages can be included in neck injury settlements, how can you calculate non-economic damages without physical receipts? A personal injury lawyer has knowledge and expertise in quantifying non-monetary losses to maximize your payout.
Additionally, you may be entitled to punitive damages if you can prove that the at-fault party’s actions were deliberate or extreme. Punitive damages are additional costs decided by the court. Your attorney will examine the facts of your case and determine if you are qualified for punitive damages.
How Can I Prove Neck Injuries from Car Accidents?
Before receiving neck injury settlements, you must prove that the car accident caused your injury. Otherwise, you won’t be entitled to any compensation. The following pieces of evidence may help support your case:
Medical Diagnosis
Insurance providers typically request your doctor’s diagnosis of your injuries to verify the cause of them. A neck injury may be diagnosed through the following medical assessments:
- X-ray,
- MRI,
- CT scan,
- myelogram, and
- electromyogram.
Apart from justifying the cause of your injuries, your medical documents will be useful when calculating the total damage expenses of your car accident.
Police report
The responding police officer will primarily investigate your case once they arrive at the accident scene. They typically include the necessary details in the police report to help shed light on how and what caused the crash.
Do the following steps to request a police report:
- Contact and email a request to the Fresno police department or California Highway Patrol, who responded at the scene.
- Pay a $1- to $20 fee.
- Provide the following details to the police officer:
- date, time, and location of the crash,
- names of any drivers involved,
- a waiver to release information to your lawyer,
- the car accident report number, and
- the involved car’s license plate number.
Car Accident Photos
Photographs of the accident scene can serve as vital proof when filing a car accident claim. They assist in the following:
- Provide the sequence of events leading up to the accident.
- Present possible factors that caused the crash.
- Justify the severity of the damage caused by the collision.
- Provide critical information about the accident, such as road and weather conditions during the crash.
This is why it is best to capture the scene when you are involved in a car accident. However, if it is physically impossible for you to do so, your personal injury lawyer has the resources to investigate your accident and collect evidence to prove your claim.
How Can a Car Accident Neck Injury Attorney Help Win My Case?
It is challenging to handle a car accident case, especially if you incur injuries from the crash. In most cases, insurance companies will take advantage of your injured state to reduce the settlement.
For instance, you sustained a significant neck injury from the collision. The treatments and medications for your injuries are pretty expensive. Since the insurance company knows this, they will typically offer an initial settlement that can cover the current damage expenses. While the offer may be attractive, it will not cover the entire damage expenses of your collision, including your non-economic losses.
A personal injury lawyer can help sort out your case while you focus on your recovery. They will exhaust all possible damages to include in your compensation to maximize it.
Additionally, they will do the following to help you win your case:
- Collect the necessary evidence to justify your claim.
- Prove the at-fault driver’s liability.
- Communicate with the insurance provider.
- Protect your legal right to a trial if necessary.
If you are searching for a car accident neck injury attorney, Jacoby & Meyers has passionate personal injury lawyers who have the heart to serve and defend car accident victims in California. We will assess the facts of your accident and determine the appropriate legal options for you. Contact us at 800-992-2222 for a free consultation.
Call or text 888-522-6291 or complete a Free Case Evaluation form
