Neck and back injuries after a car accident can vary in severity from whiplash that heals in a few weeks to lifelong paralysis. However, neck and back injuries are a common occurrence in road traffic accidents, and you can claim for your medical costs and the pain and suffering that resulted. Your attorney will present your case to the insurance company and the court. The courts look for evidence, such as medical reports, details of sessions with therapists, and your pain management plan.
Determining Neck and Back Injuries
You should take note at the accident site of any signs of neck and back injury. Some of these will be present immediately and others may only emerge afterwards. Make sure you are seen by a medical practitioner directly after a car accident or as soon as symptoms show up. Some of these symptoms are:
- Muscles that feel weak, cramp, or spasm
- Not being able to turn your neck across its full range
- Bruises, and other marks of injury
- Clicking in your back and/or neck during movement
- Feeling dizzy
- Headaches, migraines
- Localized pain in the back or neck
- Tingling sensations
- Numbness
Tingling and numbness can occur elsewhere in the body and still be a sign of back or neck injury. That is why it is important to be seen by a doctor as soon as possible if you have any of these symptoms.
Expenses Incurred After a Car Accident
While you probably know that you can claim for certain expenses, like medical bills that resulted from the car accident, you should be aware that you can institute a claim for the costs you anticipate in the future. Damages for back and neck injuries also comprise:
- Income lost due to the accident and subsequent injuries, as well as future income if you can no longer work
- Rehabilitation costs to restore function, even if only partial success is possible
- At-home nursing care
- Pain and suffering, e.g., depression, humiliation at being unable to take care of your hygiene needs yourself anymore
- Punitive damages, although these are rarely claimed in car accidents
Proving Your Case
The first step to making a claim is to get an attorney in your area to take your case. They will advise you on what proof you need to collect. For example, your attorney will probably ask you to keep a journal and to use detailed descriptions of your daily struggles since the accident. You should record the physical aspects, such as pain severity and length, and activities you miss but cannot perform after the accident. Mental suffering must also be journalled, such as the emotions you experience, and the depression you feel.
Witness statements are presented to the court, along with photos or videos of the accident scene. Reports by medical doctors, medical specialists, and various therapists, such as physical or occupational therapists, all form part of the case your attorneys will present to the judge and jury.
Case Evaluation
Your attorney will use the evidence to demonstrate the extent of your pain and suffering in addition to the medical costs, vehicle replacement amounts, etc., that can be easily evaluated. Pain and suffering awards differ from state to state, depending on the factors each will consider and any caps that have been legislated.
If you would like to know whether you can start a claim for neck and back injuries caused by a car accident, contact us at Scarlett Law Group, CA for a free consultation.
Visit our office at 536 Pacific Avenue, San Francisco, CA 94133
Call now for a free consultation on (415) 352-6264.