There are a variety of circumstances that can result in a neck fracture. They can range from a motor vehicle accident to a fall from height at your place of employment.
Should you suspect a neck fracture or any other type of injury to this region of your body, it’s critical to receive immediate medical care. Neglecting to do so can result in the worsening of your condition.
Individuals who suffer a neck fracture in an accident or under some other circumstance often have to undergo medical treatment at a hospital, emergency room, or another facility. They might also need to undergo surgery and physical therapy to fully recover from their serious injury. All of this treatment can be expensive, and the associated medical costs can quickly mount up. In addition, you might need to miss time away from your work for you to recover from your injury, losing considerable income.
If you have suffered a neck fracture or other serious injury in an accident that was not your fault, get an experienced personal injury attorney on your side advocating for your legal interests at all times.
The right legal team can meet with you to discuss the accident that led to your neck fracture. While you concentrate on getting better and fully recovering from your injury, an injury lawyer can handle all of the legal aspects of your claim, including gathering medical records and other documentation and assembling a demand package on your behalf.
A personal injury attorney will work hard to help you pursue and recover the monetary compensation that you deserve for your neck fracture, so never wait to learn more about your options.
Signs of a Broken Neck
Whenever someone sustains a neck fracture, there are usually very serious symptoms.
Here are the most common signs and symptoms associated with a neck fracture:
- Paralysis of the arms and/or legs
- Neck pain (not always severe)
- Neck stiffness
- Bruising and swelling in the area
- Pain that radiates from the neck into the arms and/or shoulders
- Loss of sensation in the body, arms, and/or legs
- Difficulty breathing
- Muscle weakness
Seek immediate follow-up medical care and treatment as soon as possible after your accident since waiting for a long time can make your medical condition worse. You can seek this care at a hospital emergency room, local urgent care center—or with your primary care doctor if you have one.
There’s no way to understand the severity of a neck injury like a fracture until you seek medical attention. Your doctor will immediately examine you and then order X-rays and potentially other tests to better understand your injury.
A neck fracture isn’t always a life-altering injury—but there are times when it is. If you have concerns about an injury to this part of your body, put your health and well-being above everything else.
A neck fracture has the potential to change the way you live, work, and enjoy yourself. Therefore, if you or a loved one finds yourself dealing with this type of injury, you need an attorney with the knowledge and experience to assist you. Our legal team is available to help you every step of the way, thus ensuring that you receive the compensation you need and deserve.
How Does a Neck Fracture Occur?
Neck fractures can occur in various types of accidents that often happen because of someone else’s negligence. A person can suffer a neck injury, including a fracture, in any of the following instances:
- Car and truck accidents
- Bicycle accidents
- Slip and falls on someone else’s property
- Motorcycle accidents
- Workplace accidents (especially in the building and construction industries)
- Pedestrian accidents
Neck fractures are especially common in motor vehicle accidents that involve a heavy impact. The force of the impact from the other vehicle can cause the accident victim’s body to quickly move forward and backward, resulting in a serious neck injury. Fall injuries can also lead to neck fractures, especially when the accident victim falls from a high ladder or scaffolding while on the job.
Individuals who suffer a neck injury in a motor vehicle collision can file a claim or lawsuit against the at-fault driver for damages. An experienced team of personal injury attorneys can help you file the appropriate claim, depending upon the unique circumstances of your accident, and pursue the monetary compensation that you deserve for the neck injuries you suffered.
Steps You Should Take if You Suspect a Neck Fracture
If you suspect that you might have suffered a neck fracture in an accident, there are certain steps that you should always take. First and foremost, you should try and keep your neck as still as possible if you think something might be wrong.
- Call an ambulance to the scene of the accident or have someone else call for you.
- Seek follow-up care at a hospital or urgent care center
- Follow through with any treatment recommendations suggested by the treating doctor.
- Treat continuously for your injuries (no gaps) for as long as your health care provider recommends
- Speak with an experienced attorney who can help you pursue monetary compensation for your injuries against the at-fault person or entity.
Filing a Claim or Lawsuit in a Personal Injury Case That Involves a Neck Fracture
Neck fractures can require a significant amount of medical treatment that can go on for a long time. For example, you might need to undergo surgery and take part in physical therapy for several months following your accident. Once you have a good idea of what your treatment will entail, you might have the right to file a personal injury claim seeking monetary compensation and damages for your injuries.
If you sustained your neck fracture in an accident caused by someone else’s negligence, such as in a slip and fall accident or a motor vehicle collision, you can file a claim against the at-fault person’s insurance company.
The claims filing process begins when your attorney sends a formal settlement demand to the insurance company for the at-fault person. A typical demand package will include a monetary demand for settlement, along with various pieces of documentation, such as medical bills, medical records, lost wage statements, impact statements, and photographs of the neck injury.
Once the insurance company receives all this documentation, the adjuster might make an offer to try to resolve the case by way of a settlement. If the initial settlement amount does not fully and fairly compensate you for your neck injuries, your attorney can file a lawsuit against the at-fault person in the state court system. Even after the lawsuit is filed, the case can still settle with the insurance company at some point along the way. However, sometimes litigation—including written discovery questions and depositions—is sometimes necessary.
If the case still does not settle during the litigation stage of the proceedings, you can take your case to trial and leave it up to a jury to decide what, if any, damages you are entitled to recover in your neck injury case. The other option might be to try the case before a neutral, third-party arbitrator who will decide the issue of damages.
If you have suffered a neck fracture or other serious neck injury as a result of another person’s negligence, an experienced personal injury attorney at the Wyatt Law Firm can assist you with filing your claim or lawsuit and pursuing the compensation that you need.
We can help you negotiate a favorable settlement offer with the at-fault person’s insurance company, or if necessary, litigate the case up to trial or arbitration. If you take your case before a jury or a neutral arbitrator, you can be sure that we will zealously advocate for your interests in getting you the compensation that you deserve for your neck injury.
Texas Statute of Limitations for Neck Fractures and Other Personal Injury Cases
Except for some very limited exceptions, in almost all circumstances, a person who suffers a neck fracture or other injury as a result of someone else’s negligence has two years from the date of the accident to file a personal injury claim or lawsuit in Texas. If the accident victim does not file his or her lawsuit within those two years, he or she will lose the right to seek monetary compensation and damages in the future. Since this statute of limitations is extremely unforgiving, you must retain experienced legal counsel to represent you in your neck injury case as soon as possible after your accident.
An experienced personal injury attorney can ensure that your claim or lawsuit is filed well before the statute of limitations is set to expire. If the deadline is running out, our legal team can go ahead and file a lawsuit to protect the statute from running. Keep in mind that even after you file a lawsuit in your case, we can continue negotiating with the insurance company on your behalf and pursuing a favorable settlement offer for your neck injury.
Potential Damages in Neck Fracture Claims
If you suffered a neck injury in an accident that happened due to another person’s negligence, you, as the plaintiff, have the legal burden of proof. In the case of a car accident or slip and fall, for example, you have the burden of proving that someone else acted unreasonably under the circumstances and that, as a result, you suffered a neck injury in the process.
The monetary damages that you might deserve in a neck fracture case depend largely on the extent of your medical treatment and whether or not you suffered a permanent injury in the accident. To establish permanency, a medical provider will need to state, to a reasonable degree of medical probability, that you suffered a neck fracture in the accident and that the injury will likely impact you for the remainder of your life.
As part of a personal injury case that involves a neck fracture, the accident victim may recover all related medical expenses that were necessary to treat the injury. These medical expenses may be reimbursable even if the accident victim had health insurance that paid for some or all of the related medical treatment. In addition, the accident victim may be eligible to recover some or all of his or her lost earnings if the accident victim cannot work after the accident.
Victims of neck fractures may also recover various types of non-economic damages. These damages are in place to compensate accident victims for all of their inconvenience, emotional distress, mental anguish, pain and suffering, and loss of enjoyment of life activities that resulted from their injury. In addition, the accident victim might be in a position to make a claim for loss of spousal companionship or consortium that resulted from the neck injury.
If you have suffered a neck fracture or other injury in an accident that resulted from negligence, you should seek out experienced legal representation in your case as soon as possible. A knowledgeable personal injury attorney can help you pursue the damages that you need to be made whole from your neck injury.
Finding a Good Personal Injury Attorney to Handle a Neck Fracture Case
When searching for a personal injury attorney to represent you in a neck injury case, you want a lawyer who understands the complexities associated with serious personal injury cases and who has a track record of success in settling and litigating them. You also want a lawyer on your side who has taken these cases to trial and obtained favorable jury awards.
When it comes to selecting a personal injury attorney, you should keep in mind that most personal injury lawyers work on a contingency fee basis. This means that the lawyer’s fee comes directly from the accident victim’s total recovery. The fee is a pre-agreed percentage of the gross recovery in the case. Moreover, if the attorney cannot recover monetary compensation for the accident victim, he or she typically does not take a fee under most contingency agreements.
Call an Experienced Personal Injury Attorney Today
If you or a person you love suffered a neck injury, get a skilled legal team involved in your case as early on in the process as possible. Seek help from a personal injury attorney near you that you can trust.