A car accident is something that can very suddenly alter your everyday life with pain and suffering as a consequence. Each year, over 12 million Americans are involved in a car accident that leads to a neck injury, damage to the cervical spine, or potentially other life-changing injuries that require costly medical treatment. Though, at The Law Place, we strive to help you along the road of recovery by ensuring you receive the correct settlement for your cervical radiculopathy injury.
If you have been involved in a car accident in the State of Florida, which resulted in neck injuries, then please get in contact with The Law Place. Our team of trained legal professionals will be happy to handle your personal injury case, starting by talking you through the types of legal support that are available to you. Our team of personal injury lawyers has a combined experience of 75 years in practice handling cases similar to yours. Contact us today and schedule a free consultation with a lawyer from our team. Call us at (941) 444-4444. Our phone lines are open 24/7.
How Do Neck Injuries Occur?
The impact of a moving car hitting another vehicle, even at low speeds, can result in very sudden downward pressure on the spine, which is the most common cause of a serious spinal injury known as a herniated disc. This happens as a result of the fibrous outer casing of a spinal disc, ruptures and causes a bulge from the soft center. In most cases, this happens after a moving car crashes into your rear end or there is a head or side-on collision. However, this type of injury is not limited to these circumstances. This injury can lead to further serious spinal conditions that could even involve the spinal cord, which can affect your quality of life.
Inside the Human spine, there is a vertebral column that contains the discs which help to protect your spinal cord in the center of your body and is highly sensitive to damage. This is where your nervous system stems from. Nerves transmit signals to and from your vertebral column and cause the body to move and react. However, when there is a compressed or pinched nerve at the nerve root, this may lead to symptoms of what is known as cervical radiculopathy. This condition can cause a variety of symptoms, such as numbness, burning, weakness, pain, tingling behind the shoulder blades, in the arms, and in the hands too. The effects of these symptoms can reduce your quality of life, which is why it is important to have your neck injury looked at by a medical professional and let us at The Law Place handle your case to deliver your deserved settlement.
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How Is Cervical Radiculopathy Diagnosed After a Car Accident?
If you have been involved in a car accident and feel discomfort, pain, or chronic pain, then you should get in contact with medical professionals to receive a diagnosis for your symptoms and treatment to help you recover physically and mentally. Cervical radiculopathy does carry a wide range of symptoms, which is why it is important to be specific with your doctor as to the location of pain, numbness, weakness, or tingling. This will help them run the necessary examinations to find the source of your Cervical Radiculopathy. In most cases, X-Rays and MRIs can accurately confirm the source of your Cervical Radiculopathy.
From the diagnosis, the doctor will likely ask about any pre-existing conditions you may have or physical limitations. This is important to answer truthfully and provide as much information and necessary detail as possible to not only help confirm the diagnosis. It also builds your case by documenting your injury and how cervical radiculopathy is impacting your quality of life.
Following a car accident, many people who now have cervical radiculopathy receive treatment in an emergency room immediately after the neck injuries have been sustained. In most cases, X-Rays leave patients and doctors satisfied with what is shown in the results, meaning no real cervical damage has been done. However, it is crucial to understand that doctors in emergency rooms do not regularly run the tests needed to identify the source of cervical radiculopathy. This includes herniated discs which are vital in diagnosing, as they have the potential to cause other cervical-related conditions that can limit your quality of life.
If you now find yourself in a situation where you have had medical attention following a car accident, yet symptoms of neck pain are persisting, then it is important to go and see a cervical spine specialist who will examine you more closely to locate the source of the pain. Failure to do this can result in a delayed diagnosis which can then make for a reduced cervical radiculopathy settlement from your car accident.
What Are the Most Common Types of Neck Injuries?
The cervical area of the spine is one of the most delicate and vulnerable parts of the Human body in a car accident, with neck injuries being amongst the highest injuries reported, even in low-speed accidents.
- Neurological difficulty – The cervical vertebrae are less than an inch in width, though they play a vital role in balancing much of your body’s weight. The first cervical vertebrae bear the weight of your entire head and control the head’s movement, allowing you to perform basic actions such as nodding or shaking of the head. A car accident that causes neck injury can force the atlas out of position and result in misalignment with your head. If this happens, it disrupts the signals from your brain to your body and makes it difficult to move your head, and leads to Neurological difficulty. The symptoms of this include a loss of balance, memory issues, and sleeping issues.
- Whiplash – Unfortunately, whiplash is one of the most common car accident-related injuries and can cause great pain and suffering. Also known as whiplash-associated disorder (WAD), it is a strain on the delicate ligaments found in the neck. In a car accident, the sudden back and forth whip-like snap of the neck causes stretches and tears of the soft tissue. In the immediate aftermath, a neck injury in the form of whiplash may not be felt, and it is quite common for symptoms to appear days or even weeks after the neck injury happened. Usually, whiplash causes pain in the neck and shoulders and limiting the range of movement of the cervical spine. In more damaging cases, whiplash can cause chronic pain to the area, as well as headaches, dizziness, and vertigo. The severity of your whiplash will impact your cervical radiculopathy settlement.
- Spinal cord injuries – Severe damage to the spinal cord in a car accident can result in partial or total paralysis in some cases. It is also possible to experience a loss of feeling or sensation from the neck down, as well as the use of reflex functions. Cervical spinal cord injuries can also lead to blood clots, bleeding, infections and pneumonia.
What Are the Types of Damages You Could Receive?
After the car accident has occurred, your settlements will be split into economic and non-economic damages. The economic damages will go towards covering the medical treatment bills you have already paid, such as surgery, and for further expenses that are related in the form of compensation. The non-economic damages cover your own personal losses as a result of the car accident, which may include personal trauma experienced and lowering your quality of life.
If you are unable to return to your place of work following the car accident and are therefore losing out on wages. You can claim this loss of income in your settlement. If you have had to reduce your job role or change to a less demanding role, then you can also claim for a loss of potential earning capacity to match your original salary value before the injury took place.
There is also the unfortunate possibility of a loss of life in car accidents. In the U.S. alone, over 38,000 Americans die each year in car accidents. However, Florida Statute 768.21 has made it possible for you to file a wrongful death lawsuit in the unfortunate event a passenger in your car lost their life. The outcome is usually a settlement that covers any funeral costs and loss of consortium.
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What Is a Minor Cervical Neck Injury Settlement Amount?
An average settlement amount for minor neck injuries is normally in the region of $10,000 to $100,000. For example, a cervical injury that only needs minimal time for treatment and recovery will average at $25,000. The only way to accurately measure the value of your claim is by getting in contact with The Law Place today and scheduling your toll-free consultation with one a personal injury lawyer.
How Long Do Cervical Radiculopathy Car Accident Settlements take?
Each case is unique, so it is difficult to suggest with any great certainty how long your settlement will take. It is possible for cases to be resolved in a few months, though some can take far longer, even surpassing a year. Car accidents that cause cervical radiculopathy result in varying levels of severity and can make for very different recovery times. These factors will influence the length of your case, along with several others:
- How you respond to your treatment – If you are hopefully able to recover from your neck injury, then your case will be complete much quicker than if you suffer from long-term injuries that require further treatment. In most cases, it takes some time for you to fully grasp just how your injuries will impact your life, particularly if extensive surgery has taken place.
- The amount of compensation you need to recover – The more severe the injuries, the more likely you will need medical care and further expenses. Typically, the more compensation you take, the longer the case will take. This is because other parties will attempt to disprove your claim in order to lower your settlement value.
- The number of involved parties – The more parties involved, the more the legal process stems and increasing the length of your case. Normally two parties result in the shortest case time.
- The litigation process and jury trial – If a fair settlement has not been reached by your lawyer, then your case may be taken to court – adding time to the case.
Receiving an Average Settlement From Your Insurance Company
Firstly, your car accident attorney will try to locate where the fault lies for the accident and work with the driver’s insurance company in order to recoup damages. Your attorney will also try to look over all aspects and details of the accident to document a case that can then be sent off to the other party’s insurer. If your claim is rejected by the insurance company or offers a counterclaim, your attorney will then negotiate with the insurer for a fair settlement. Following your approval of the amount, you can then have a check released to your attorney.
However, in many cases, clients are not happy with their settlement figures, so they are then advised by their lawyers to put forward a civil lawsuit against the other driver or insurance company.
Contact a Personal Injury Lawyer at The Law Place Today
If you have suffered from cervical radiculopathy in a car accident, then please call The Law Place today! Our lawyers work on a contingency basis, so do not let legal fees put you off from seeking the justice you deserve. Injuries to the neck area can cause debilitating symptoms which can affect your quality of life, so it is important you are compensated for. We realize money will not solve everything, but it is a step in the right direction for your recovery.
Our lawyers are here to help! Contact our office today to organize a free consultation with a dedicated personal injury attorney on our team. Call us on (941) 444-4444. Phone lines are open 24/7.