Accidents such as car accidents, workplace injuries, and sports injuries can result in serious strains, fractures, and damage to body parts such as the back and neck. Neck injuries can be excruciatingly painful, with healing times varying depending on the type of neck trauma sustained and its severity.
The neck is made up of vertebrae that run from the upper torso to the base of the skull. These vertebrae, along with other ligaments and muscles, provide stability for the spine, which can be severely injured in accidents such as car accidents. Neck pain is one of the most common types of chronic pain in adults in the United States.
It is estimated that nearly half of all adults who experience neck pain will continue to have frequent or recurring episodes of neck pain. This risk may be heightened in those who suffer neck injury due to a serious accident.
If you’ve suffered a neck injury, such as whiplash or a fracture, as a result of the negligence of another party, such as a negligent driver or a negligent business, you may be able to file a neck injury accident claim to recover compensation and seek other injury-related damages.
Our competent Wheeling neck injury lawyer at Ghaphery Law Offices, PLLC, has the knowledge, skills, and resources to assess the cases of our injured clients and advocate for a fair settlement that adequately compensates you for your losses. Call our personal injury law office to learn more.
Why Do I Need a Neck Injury Lawyer in West Virginia?
Following an accident, you may be entitled to compensation. However, getting the money you deserve can take time and effort. The laws and procedures that may apply to your case can be complicated. Insurance companies will fight you at every turn and may even try to blame you for your neck injury.
You risk not getting all the money you deserve if you proceed without an attorney. Our skilled Wheeling neck injury lawyer at Ghaphery Law Offices, PLLC, can assist you in asserting your rights. We understand that your life has been forever altered and will go to any length to win your case.
Insurance companies know that if we represent you, they must offer a fair settlement or risk facing our skilled neck injury attorney in court. They are wary of us because of our track record of success. Don’t risk losing money by attempting to handle your neck injury lawsuit alone.
You can count on us to stand up for you because you deserve it. Contact our West Virginia legal team immediately to discuss your case.
What Are the Common Types of Neck Injuries?
Neck injuries in personal injury claims are classified into several types, which are discussed further below.
- Neck Sprain and Strains
- Herniated Cervical Disc
- Neck Fractures
What Are the Different Kinds of Accidents That Can Lead to Neck Injuries?
Individuals can suffer from neck trauma in a variety of ways. The most common causes of neck injuries in the United States are motor vehicle accidents, workplace accidents, recreational accidents, slipping and falling, and sports injuries.
Neck injuries can occur as a result of sudden trauma, which can involve rapid movements affecting the neck, or as a result of cumulative stress, which can occur as a result of repetitive movements, prolonged straining, heavy lifting, or excessive anxiety.
Our competent Wheeling neck injury lawyer at Ghaphery Law Offices, PLLC, is most interested in neck injuries caused by the negligent or reckless behavior of another party, such as an employer, car accident drivers, violent perpetrators, and businesses.
The most common causes of neck injuries that can lead to personal injury litigation are as follows:
- Accidents on the Road
- Workplace Accident
- Injuries in Sports
- Accidents While on Vacation
- Slip and Fall Accidents
What to Do Following a Neck Injury Accident?
The at-fault party in a personal injury accident in West Virginia is liable for all damages. If someone’s or the other driver’s actions caused your neck injury accident, they or their auto insurance company must cover your expenses. Here’s what you can do to make sure that happens.
See a Doctor Right Away
Even though whiplash and other neck injuries can take time to manifest, you should see a doctor as soon as possible following an accident. Inform them of any pain you are experiencing, no matter how minor. If you suspect a neck injury, your doctor can advise you how to care for the injury at home.
If the neck injury worsens the next day, return to the doctor for a check-up and any additional care. Furthermore, keeping a record of your doctor visit and any medical treatment for your injuries benefits your insurance claim.
Make Yourself at Home Comfortable
To treat your neck injury at home, follow your doctor’s instructions. They may suggest things like:
- Icing the affected area
- Using a neck pillow to reduce movement while sleeping
- Using over-the-counter pain relievers for any pain or swelling
- Avoiding strenuous physical movement of the neck in the coming days
- Neck exercise or gentle stretching (in some cases)
As instructed by a doctor, taking care of yourself can help prevent irritation and possibly worsen the neck injury.
Contact Our Neck Injury Attorney Before Accepting Any Insurance Money
Make an appointment with our Wheeling neck injury lawyer as soon as possible. The insurance company for the at-fault party will most likely contact you about your case as soon as possible. They may even try to offer you money or obtain information about the accident from you.
You must consult our skilled neck injury attorney in Wheeling, WV, before accepting anything from insurance. Also, do not apologize or answer any questions that could be used against you. We will assist you in filing an insurance claim that accounts for all your damages, including current and future neck injury treatment costs.
Keep Track of Any Changes in Your Neck Injuries
If your neck injury worsens over time, take note of the changes and consult your doctor for further treatment. These must be included in your claim because your medical costs may rise.
Submit an Insurance Claim
Our Wheeling neck injury lawyer can assist you with this. You are entitled to compensation for all costs incurred as a result of the accident, including:
- Medical bills, doctor visits, and prescription medications required as a result of your neck injury (and other injuries)
- Damages caused by vehicle repair or replacement
- Wages lost due to time away from work
- Costs of ongoing treatment, such as surgeries or rehabilitation
- Pain and suffering
These are the best steps to take if you have a neck injury from a West Virginia accident. Don’t put off taking action and seeking the financial recovery you require to pay your bills and cover your expenses.
Who Can I File a Legal Action for My Neck Injury?
You may be able to sue everyone who was negligent in causing your neck injuries. However, whether or not you have a case will be determined by several factors, including (but not limited to):
The Statute of Limitations
When did the accident or diagnosis happen? There is a time limit for filing a neck injury claim. The statute of limitations in West Virginia for filing a personal injury or wrongful death claim is two years. This means that, unless a legal exception applies, the person who has been wronged cannot file a lawsuit seeking damages after the two years has expired.
Who is to blame for the incident that resulted in neck injuries? Is the injured party liable in any way? If this is the case, they can only sue if another party is primarily liable. Keep in mind that determining liability can be difficult. Others may incorrectly blame victims for their injuries.
When considering suing for neck injuries, you cannot rely on what others say about the fault. It is best to hire our skilled Wheeling neck injury lawyer to assist you in making this decision.
What You Can Prove
What evidence is there to establish fault and damages for the neck injury? When there is no evidence to back up a claim, it can be extremely difficult to sue. And the evidence you require will not be available indefinitely. It is not uncommon for at-fault parties to actively destroy critical evidence if they anticipate a lawsuit.
How Can I Build a Solid Personal Injury Claim?
First and foremost, if you are involved in an accident that results in a neck injury, you should seek immediate medical attention. If you were involved in a collision and paramedics were not called, you should seek medical attention as soon as possible. Delaying medical treatment may result in undesirable outcomes.
This will help persuade the claims adjuster that you suffered a serious injury. Remember to gather medical documentation as well. You must be able to establish a paper trail with evidence from your medical issues. Before you are paid the compensation, the adjuster in your case must see medical proof of your neck injury.
Emergency room visits and follow-up treatment records should be included in medical documentation. This leads us to the next point: if you were injured at work, you might be eligible for workers’ compensation for your neck pain. Workers’ compensation for neck pain is intended to cover medical costs, lost wages, and other accommodations.
It should also be remembered that not all neck injuries occur in the workplace. Other injuries that may apply include those sustained while driving a company car, attending a company party or special event, or taking a lunch break.
How Can I Make a Work-Related Neck Injury Claim?
A recently injured employee must do the following to file a workers’ compensation claim in West Virginia properly:
Report the Injury to Your Employer as Soon as Possible
In an ideal world, reports would be submitted within the first 21 days of injury to ensure that your benefits are retroactive to the date of injury. If the injury is not reported within the first 21 days, there is a 120-day reporting deadline that allows an injured employee to continue receiving benefits from the date of reporting.
Seek Medical Attention Right Away and Inform Your Doctor That Your Injury is Work-Related
Informing your medical provider that your neck injury is work-related helps you document your injury outside of your initial report to your employer. According to state law, medical treatment must be sought within the first 90 days of giving your employer notice.
Sometimes, you may be required to select a doctor from a list of employer-approved medical providers. After the initial 90-day period, you are free to choose any medical provider.
Submit a Workers’ Compensation Claim
Your claim filing begins once your employer submits their First Report of Injury to the state. While claims are rarely filed at this late date, there is a three-year deadline from the date of injury to file a claim and remain eligible.
Consultation with our neck injury attorney in Wheeling during this process can assist you in maximizing your compensation benefits and ensuring that your claim is filed with the necessary diligence.
What Are the Recoverable Damages Covered by Neck Injury Compensation?
Past and future economic and non-economic losses can be included. These monetary recoveries will differ from case to case, and they will be far more substantial – and far more difficult to calculate – in claims involving the most serious neck injuries.
In these cases, experts are frequently required to assist in evaluating and verifying the impacts, costs, and losses. Remember that the type of claim matters, and victims may have more than one neck injury case. For example, those who suffer neck injuries at work may have both a workers’ compensation claim and a personal injury case.
Compensation for those various claims may differ, with:
- Neck injuries are covered by workers’ compensation benefits, which cover things like surgeries, hospital stays, physical therapy, occupational therapy, assistive equipment, and more.
- Other compensation includes damages for pain and suffering, loss of consortium, property damage, and more.
Our Seasoned Wheeling Neck Injury Lawyer is Always Prepared to Help You
Personal injury law is quite complicated. You do not have an infinite amount of time to seek justice if you or a loved one has suffered neck injuries. And the clock isn’t the only thing you might have to deal with. Insurance companies and others may have already begun to lay the groundwork to refute your claim.
The good news is that Ghaphery Law Offices, PLLC’s Wheeling neck injury lawyer, is here to help. We can give you the answers, advice, and advocacy you need to pursue justice successfully. Our neck injury attorney in Wheeling has provided the representation, counsel, and service we would expect if we were in our clients’ shoes for many years.
That’s how we’ve achieved the best possible outcomes in difficult cases. You can count on our personal injury lawyer when you only have one chance to win and get justice.