What are the signs and symptoms of a neck fracture? There are many ways in which the human cervical spine can be damaged and fractured. Injuries from a motor vehicle accident to a fall at your place of employment can pose a risk to the head and neck.
If you have suffered a neck fracture or other serious injury in an accident that was not your fault, get an experienced personal injury attorney on your side advocating for your legal interests at all times.
If you suspect a neck fracture or any other type of injury to the cervical vertebrae region of the spine, it’s critical to receive immediate medical care. Neglecting cervical spine injuries can result in the worsening of your condition.
Individuals who suffer neck fractures in an accident or under some other circumstance often have to undergo a CT scan and medical treatment at a hospital, emergency room, or another facility. They might also need to undergo surgery and physical therapy to recover from their serious injury fully.
This treatment can be expensive, and the associated medical costs can quickly increase. In addition, you might need to miss time away from your work to recover from your injury, losing considerable income.
The right legal team can meet with you to discuss the accident that led to your neck fracture. While you concentrate on getting better and fully recovering from your injury, an injury lawyer can handle all of the legal aspects of your claim, including gathering medical records and other documentation and assembling a demand package on your behalf.
A personal injury attorney will work hard to help you pursue and recover the monetary compensation you deserve for your neck fracture or spinal cord damage, so never wait to learn more about your options.
What Are Some Neck Fracture Symptoms?
Whenever someone fractures their neck, there are usually noticeable signs that something is wrong.
Here are the most common signs and symptoms associated with a broken neck:
- Paralysis of the arms or legs
- Neck pain (not always severe)
- Neck stiffness
- Bruising and swelling in the area
- Pain that radiates from the neck into the arms and shoulders
- Loss of sensation in the body, arms, and legs
- Difficulty breathing
- Muscle weakness
Seek immediate follow-up medical care and treatment as soon as possible after your accident since waiting for a long time can make your medical condition worse. You can seek this care at a hospital emergency room, local urgent care center—or with your primary care doctor if you have one.
You cannot understand the severity of a neck injury like a fracture until you seek medical attention. Your doctor will immediately examine you and then order X-rays and other tests to understand your injury better and potentially refer you to neurological surgeons if necessary.
A neck fracture isn’t always a life-altering injury, but there are times when it is. If you have concerns about an injury to this part of your body, prioritize your health and well-being above everything else.
A neck fracture has the potential to change the way you live, work, and enjoy yourself. Therefore, if you or a loved one is dealing with this type of injury, you need an attorney with the knowledge and experience to assist you.
Our legal team is available to help you every step of the way, thus ensuring that you receive the compensation you need and deserve for a spinal column injury.
How Does a Neck Fracture Occur?
Neck fractures can occur in various types of accidents that often happen because of someone else’s negligence. A person can suffer a neck injury, including a fracture, in any of the following instances:
- Car and truck accidents
- Bicycle accidents
- Slip and falls on someone else’s property
- Motorcycle accidents
- Workplace accidents (especially in the building and construction industries)
- Pedestrian accidents
Neck fractures are especially common in motor vehicle accidents that involve a heavy impact. The force of the impact from the other vehicle can cause the accident victim’s body to quickly move forward and backward, resulting in a serious neck injury.
Fall injuries can also lead to spinal cord injuries, especially when the accident victim falls from a high ladder or scaffolding while on the job.
Individuals who suffer a neck injury in a motor vehicle collision can file a claim or lawsuit against the at-fault driver for damages. An experienced team of personal injury attorneys can help you file the appropriate claim, depending upon the unique circumstances of your accident, and pursue the monetary compensation that you deserve for the neck injuries you suffered.
What Should You Do if You Suspect a Neck Fracture?
If you suspect that you might have suffered a neck fracture in an accident, there are certain steps that you should always take. First and foremost, you should keep your neck as still as possible if you think something is wrong to avoid further neck trauma and nerve injury.
In addition:
- Call an ambulance to the accident scene or have someone else call for you.
- Seek follow-up care at a hospital or urgent care center
- Follow through with any treatment recommendations suggested by the treating doctor.
- Treat continuously for your injuries (no gaps) for as long as your health care provider recommends
- Speak with an experienced attorney who can help you pursue monetary compensation for your injuries against the at-fault person or entity.
How to File a Personal Injury Claim or Lawsuit for a Neck Fracture
Neck fractures can require a significant amount of medical treatment that can go on for a long time. For example, you might need to undergo surgery and take part in physical therapy for several months following your accident.
Once you know what your treatment will entail, you can file a personal injury claim seeking monetary compensation and damages for your injuries.
Suppose you sustained your neck fracture in an accident caused by someone else’s negligence, such as in a slip and fall accident or a motor vehicle collision. You can file a claim against the at-fault person’s insurance company in that case.
The claims filing process begins when your attorney sends a formal settlement demand to the insurance company for the at-fault person.
A typical demand package will include a monetary demand for settlement, along with various pieces of documentation, such as medical bills, medical records, lost wage statements, impact statements, and photographs of the neck injury.
Once the insurance company receives all this documentation, the adjuster might offer to settle the case. If the initial settlement amount does not fully and fairly compensate you for your neck injuries, your attorney can file a lawsuit against the at-fault person in the state court system.
Even after the lawsuit is filed, the case can still be settled with the insurance company at some point. However, sometimes litigation—including written discovery questions and depositions—is necessary.
If the insurance company does not want to settle during the litigation stage of the proceedings, you can take your case to trial.
A jury can decide the damages you are entitled to recover in your neck injury case. The other option might be to try the case before a neutral, third-party arbitrator who will decide the issue of damages.
If you have suffered a cervical fracture or another neck injury due to negligence, an experienced personal injury attorney at the Wyatt Law Firm can file your lawsuit and pursue the compensation you need.
We can help you negotiate a favorable settlement offer with the at-fault person’s insurance or litigate the case up to trial or arbitration.
If you take your case before a jury or a neutral arbitrator, you can be sure that we will zealously advocate for your interests in getting you the compensation that you deserve for your neck injury.
Texas Statute of Limitations for Neck Fractures and Other Personal Injuries
Except for some exceptions, in almost all circumstances, a person who suffers a neck fracture or other injury because of someone’s negligence has two years from the date of the accident to file a personal injury claim or lawsuit in Texas.
If the accident victim does not file their lawsuit within those two years, they will lose the right to seek monetary compensation and damages.
Since this statute of limitations is extremely unforgiving, you must retain experienced legal counsel to represent you in your neck injury case after your accident.
An experienced personal injury attorney can ensure that your claim or lawsuit is filed well before the statute of limitations expires. If the deadline is approaching, our legal team can file a lawsuit to prevent the statute from running.
Even after you file a lawsuit in your case, we can continue negotiating with the insurance company on your behalf and pursue a settlement offer for your neck injury.
What are Some Potential Damages in Cervical Fractures?
When you have suffered a neck injury in an accident, you must show that someone is responsible for your injury. In the case of a car accident or slip-and-fall, for example, you have the burden of proving that someone else acted unreasonably under the circumstances and that you were injured as a result.
The monetary damages you deserve in a neck fracture case depend on the extent of your medical treatment and whether or not you suffered a permanent injury in the accident.
To establish permanency, a medical provider needs to state, within a reasonable degree of medical certainty, that you suffered a neck fracture in the accident and that the injury will likely impact you for the remainder of your life.
As part of a neck fracture personal injury case, the accident victim may recover all related medical expenses necessary to treat the injury.
These medical expenses may be reimbursable even if the accident victim had health insurance for some or all of the medical treatment. In addition, the accident victim may be eligible to recover some or all of their lost income if they cannot work after the accident.
Victims of neck fractures may also recover various types of non-economic damages. These damages compensate accident victims for their inconvenience, emotional distress, mental anguish, pain and suffering, and loss of enjoyment of life activities due to their injury. In addition, the accident victim might claim loss of spousal companionship or consortium.
If you have suffered a neck fracture or other spinal cord injury in an accident, seek experienced legal representation as soon as possible.
A knowledgeable personal injury attorney can help you pursue the damages that you need to be made whole from your neck injury.
Finding a Personal Injury Attorney for a Neck Fracture Case
When searching for a personal injury attorney to represent you in a neck injury case, you want a lawyer who understands the complexities of personal injury cases.
You also need a San Antonio injury lawyer with a history of success in settling and litigating cervical injuries. An attorney who has taken these cases to trial and obtained favorable jury awards has the resources to see your case through to the end.
When selecting a personal injury attorney, remember that most work on a contingency fee basis.
The lawyer’s fee comes directly from the accident victim’s total recovery.
The fee is a pre-agreed percentage of the gross recovery in the case. Moreover, if the attorney cannot recover monetary compensation for the accident victim, he or she typically does not take a fee under most contingency agreements.
Contact an Experienced Personal Injury Attorney Today
If you or a person you love suffered a neck injury, get a skilled legal team involved in your case as early on in the process as possible. Seek help from a personal injury attorney near you that you can trust.