Those who walk away from a car accident without any cuts or scrapes may assume they have no injuries. However, a hidden neck injury sustained in an accident may not present symptoms until after the fact. Learn why it’s important to recognize neck pain after a crash and consider taking legal action with a personal injury attorney.
Common Symptoms Indicating a Neck Injury After an Accident
Motor vehicle accidents can leave motorists and passengers with soft tissue neck damage. Sometimes, an injury may not become apparent until shortly after the collision. Those with a cervical spine injury may begin experiencing the following symptoms:
- Stiffness
- Muscle tension in the upper back and shoulders
- Limited range of motion
- Headaches
- Site tenderness
- Swelling
- Bruising
- Numbness or tingling sensations in the arms or legs
You can try to reduce your pain and discomfort with over-the-counter medications, but seek professional medical attention if the symptoms persist or worsen. Your medical records will highlight the extent of your injuries and may be a key piece of evidence if you decide to file a personal injury suit.
Legal Considerations for Pursuing a Neck Injury Claim
If you sustain a neck injury after an accident, you may have the grounds to seek legal recourse. A personal injury attorney can review the nature of the accident and speak to you about your injuries. They may recommend filing a lawsuit against the negligent party, depending on your case’s unique circumstances.
Exploring this legal route often depends on who bears fault for the incident. For example, someone with a rear-end collision neck injury may elect to sue the motorist who rear-ended their vehicle, as they’ll likely hold the majority of the fault. Per Indiana’s comparative negligence statute, a claimant is ineligible for damages if they carry more than 50% of the fault, as determined by the court.
Potential Damages To Seek in a Whiplash Injury Claim
Say a lawyer reviews your case and recommends pursuing legal action for your neck injury after an accident. What types of damages could they try to recover on your behalf? Depending on the individual details of your case, an attorney may seek compensation for the following:
- Medical bills: You might incur significant medical expenses to treat your neck injury. Personal injury settlements may include these costs as part of a victim’s economic damages.
- Lost wages: If you’re unable to work due to your injury, the lost income can cause financial strain. In pursuit of a settlement, your lawyer may negotiate with the defendant to compensate you for your lost wages.
- Property damage: A motor vehicle accident may cause extensive property damage in addition to bodily injuries. If your vehicle or other personal property was damaged in the accident, you could claim it in your lawsuit.
- Emotional distress: Claimants who experience mental anguish due to an accident could seek a settlement, including non-economic damages for their emotional distress.
What To Do If You Experience Neck Pain After an Accident
If you’re in a car accident and experience the symptoms of a neck injury, seek medical attention right away. Professionals can diagnose and treat the injury in an effort to prevent long-term health issues.
You can speak with a personal injury attorney to discuss your role in the accident and whether it’s possible to take legal action based on fault. Legal counsel can help you gather evidence supporting your claim and file a lawsuit against the negligent party, if applicable.
Consult an Experienced Personal Injury Lawyer at Stewart & Stewart Attorneys
Are you suffering from a neck injury after an accident? Contact Stewart & Stewart Attorneys at (866) 925-2991 to explore your legal options.