Neck Injuries in Car Accidents
As the plaintiff in a personal injury lawsuit, you have the right to pursue compensation from the driver or party that caused the accident leading to your harm. At Therman Law Offices, we bring more than three decades of combined experience to our legal representation of helping injured people. Our Schaumburg and Wheaton car accident attorneys understand the long-term physical and emotional impact of such accidents. In particular, neck injuries in car accidents can lead to ongoing pain and may be harder to prove as x-rays and scanning may not identify the injury. Our approach is to devise a strategy tailored to the facts of each client’s case. By focusing on the best approach to maximize compensation from the at-fault party, we provide effective and efficient services.Pursuing a Legal Claim After a Neck Injury Caused by a Vehicle Collision
When asserting injury claims for neck injuries in car accidents against other drivers, the first step is to prove fault for the collision. Often, car accidents are caused by driver negligence. Some drivers are easily distracted by their cell phones, while others may drive while intoxicated, or fail to abide by traffic laws. This type of conduct may be deemed negligent if the plaintiff shows the driver did not meet their duty of care, based on the circumstances. To successfully recover compensation from the at-fault driver, the plaintiff must prove all elements of a negligence claim.
Duty, breach, causation, and damages are elements of a negligence claim. Duty refers to the legal duty the defendant owed the plaintiff. For drivers, this duty includes avoiding conduct that may cause foreseeable harm. For example, a judge may find that a defendant breached their duty of care when speeding in a rainstorm, running a red light and ultimately crashing into the plaintiff’s vehicle. Other drivers in a similar situation would be unlikely to operate their vehicle in this manner.
Causation is shown by evidence that “but for” the defendant’s conduct, the accident would not have occurred, and the plaintiff would not have been injured. Proximate cause refers to injuries that fall within the scope of the defendant’s responsibility. The plaintiff must show that their injuries were foreseeable, based on the defendant’s actions. In the above example, a plaintiff may have a strong claim that by speeding and running a red light, it was foreseeable that the defendant would cause an accident, and harm.
Finally, the plaintiff must have suffered actual damages. These may include physical injury, property damage, and other costs. Regarding physical harm, neck injuries in car accidents can lead to severe pain and even paralysis. This vulnerable part of our body affects mobility and can lead to long-term effects. Accident victims successful in demonstrating negligence may secure monetary losses such as medical bills, anticipated future medical costs, past lost wages due to physical injury from the accident, and loss of future earning capacity.
Non-economic damages that may be recovered are more subjective and can be challenging to assess. They compensate an accident victim for their pain and suffering, loss of companionship and reduced quality of life. A skilled attorney can help set forth a strong claim for these kinds of damages.Common Neck Injuries and Treatment Following a Car Accident
After a car accident, a neck injury can manifest in different ways, including whiplash, vocal cord damage, and soft tissue damage such as sprains and strains to tendons and ligaments. Diagnosing a neck injury requires an exam of the area surrounding the neck and shoulders. Whiplash may not be apparent on an imaging test. However, these tests may be important in order to ensure another more serious condition does not exist.
Treatment of neck pain and whiplash typically includes medication and rehabilitation. The goal is to return the patient to the normal range of activities. Rest is essential, and exercises help to restore range of motion. Some individuals will require a soft foam cervical collar that can help them keep their neck and head in one position.Discuss Your Claim With an Experienced Lawyer in Schaumburg or Wheaton
At Therman Law Offices, knowledgeable attorneys offer representation to clients during the legal process of pursuing claims for compensation. If you have been injured in an accident, we are here to help, and can be reached by calling 773-545-8849 or online. Our office represents people throughout Wheaton, Schaumburg, Norwood Park, Norridge, Elmwood Park, Edison Park, Harwood Heights, Elk Grove Village, Rosemont, Park Ridge, Des Plaines, as well as Mt. Prospect, and Arlington Heights.