The neck is a complex body part that is very susceptible to injury in an accident. Neck injuries can make it impossible to go to work, enjoy daily activities, or even just sleep. If you sustained your neck injury in an accident caused by another person’s negligence, you may be eligible to recover compensation. A Fort Lauderdale neck accident and injury lawyer can help.
Overcoming a neck injury can be extremely difficult. Do not do it alone. Allow the attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. to be your path to justice. Call us today for help recovering the compensation you need and deserve: 954-524-2820.
Neck injuries can occur anytime there is stress or trauma to the neck. These injuries occur as a result of:
The type of accident and injury will determine what symptoms you will suffer and how long they will last.
Neck injuries vary from mild neck pain to severe consequences such as paralysis or death. Some common neck injuries include:
Sprains and Strains
Sprains and strains occur when the muscles and ligaments in the neck stretch or tear due to trauma, such as sports injuries or accidents. Symptoms include:
Whiplash is probably the most commonly known form of neck strain. Whiplash occurs when your head snaps back and forth and injures the muscles, nerves, and ligaments in your neck. Whiplash symptoms are similar to other neck sprains and strains, but may also include dizziness and vertigo. Whiplash is especially common in rear-end collisions.
Heavy lifting can cause the disks that cushion the vertebrae to herniate, or when the disk tears and the nucleus oozes outward. When the disk herniates, it places pressure on nerves (a pinched nerve) and can cause intense pain.
Car accidents place intense pressure on the spine. In some cases, this pressure can cause vertebrae in the neck to fracture or break. Symptoms include weakness, numbness, pins and needles, and spinal or neurogenic shock.
Spinal Cord Damage
Some of the most serious neck injuries can result in spinal cord damage. The damage caused can result in partial or total paralysis and may even cause death.
For those experiencing neck injuries, life may become much more difficult than it was before. Some accident victims will find that their injuries will go away on their own with over-the counter medication and rest. However, for many people, more significant treatment is necessary. Massage, physical therapy, rehabilitation, and surgery are typical forms of treatment.
In addition to physical pain and suffering, a person with a neck injury may also suffer emotionally and financially. Neck injuries can be debilitating and may prevent people from going to work, thereby resulting in lost income. The loss of income may make it nearly impossible to afford the required treatments.
Even after undergoing months of treatment, those suffering from a neck injury might not be back to their old selves. Neck injuries can limit future earning capacity and prevent accident victims from earning as much as they could have earned before the accident occurred.
Neck injuries can also limit social interactions and cause accident victims to feel depressed and alone.
How your accident occurred will depend who pays. For example, if your accident occurred in a slip and fall, you would hold the responsible party liable for your injuries.
If you suffered your injury in a car accident, you must first turn to your own personal injury protection (PIP) policy to cover your injuries. If your expenses exceed these limits or if you suffer a “permanent injury,” you may be able to file a claim against the liable party.
Filing a claim or lawsuit against the person responsible for your accident may be the best way for you to recover damages.
As we discussed above, how you sustained your injury will determine the liable party. For example, if you suffered your injury in a car accident, you will likely hold the other driver in the accident liable. If you suffered your neck injury in a slip and fall accident, the property owner or store manager will likely be your liable party.
Once you have determined your liable party, you must prove that party’s negligent actions caused the accident in question. Proving negligence requires you to show that:
In order to prove the above elements, you will need to have strong evidence to support your case. You may present evidence such as:
If your negligence claim is successful, you will be able to recover compensation from the liable party. Recoverable damages include medical expenses, loss of income, mental anguish, and other costs.
Your recoverable damages will depend on the severity of your injury. For example, someone with a whiplash injury may recover less than someone who sustained a vertebral fracture.
Regardless of severity, you will be able to recover both economic and noneconomic damages.
Economic damages such as medical bills, lost wages and other concrete damages are easier to predict because you can base them on receipts, bills, and pay stubs. Noneconomic damages such as pain and suffering and mental anguish are less concrete and harder to value. An attorney will be able to help you value your claim.
While filing a claim or lawsuit might be the last thing on your mind right now, you have to cover your expenses somehow. The attorneys at Farmer, Jaffe, Weissing, Edwards, Fistos & Lehrman, P.L. will handle your case while you recover from your injuries.
Contact us at 954-524-2820 for information on how you can recover compensation for your pain and suffering.