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Personal Injury Blog No matter what challenge you’re up against, we help you put the right stone in your sling to defeat your Goliath. We’re ready to hear from you 24 hours a day, seven days a week, because we know that accidents can take place at any time, and we’re passionate about helping those who have suffered injuries at the hands of other people.

When Can I Sue for Neck Injuries?

Your neck is a complex and delicate composition of bones, muscles, joints, ligaments, tendons, and nerves. Damage to any of these constituent parts could cause neck problems after an accident. Additionally, injuries to your jaw, shoulders, upper arms, and head could cause neck pain. There are many ways to sustain neck injury, from whiplash in a car accident to the impact of a fall. A common cause of neck pain is muscle strain. For example, if someone hits you and your neck snaps in any direction, you could damage the muscles, joints, tendons, bones, ligaments, or nerves in your neck.

Common Neck Injuries Caused by Car Accidents

Car accidents are one of the most common causes of neck injuries. When you suffer a neck injury in a car accident, it makes it difficult to do anything, even getting a good night’s sleep. It becomes dangerous to drive if you can’t turn your head far enough to see. Lifting objects and even simple housework become major chores.

Common neck injuries from car accidents include:

Neck Injury Symptoms

There are many potential symptoms of neck injury, ranging from minor to major.

Depending on the severity of the injury, you could have:

Recovering Damages for Neck Injuries

After sustaining a neck injury in an accident, you could recover damages in the form of compensatory and punitive damages for neck and other injuries. The court orders compensatory damages in an attempt to make you whole again. You could collect two types of compensatory damages. Economic damages have a set monetary value. Non-economic damages do not have a fixed monetary value.

Economic Damages

Sometimes referred to as special damages, economic damages in a neck injury case may include:

Non-Economic Damages

Sometimes referred to as general damages, non-economic damages in neck injury cases may include:

If a court orders punitive damages in a neck injury case, it will hold a bifurcated (two-part) trial. The first stage will determine liability and the second stage will determine damages. If the court finds that the defendant’s actions or inactions were grossly negligent or intentional, it may order punitive damages. A court does not order punitive damages to compensate you for injuries and expenses you incurred in the accident. Instead, punitive damages are a civil punishment against the defendant for grossly negligent or intentional behavior.

To Settle or Litigate?

It’s hard to say from the outset whether you will settle or litigate your neck injury case. While most neck injury victims start with hopes of settling, and most do, some insurance companies just won’t offer a fair and reasonable settlement. If you accept a low amount, you might not have enough to cover your medical expenses, especially if you suffered particularly traumatic neck injuries, such as in a car wreck, causing long-term or permanent disability.

Either way, insurance companies will tend to do whatever they can to minimize or deny your claim. For this reason, you should only give the insurance company your name, date and location of the wreck, and your attorney’s contact information, and then let your attorney discuss the accident with the insurance company. If you can’t settle, you and your auto accident attorney can discuss taking your neck injury case to a trial to recover damages by court award.