Neck Injury after an accident: will you receive compensation for pain and suffering?

In a nutshell: Neck Injury after an accident

What can neck injury indicate after an accident?

Some injuries can only become noticeable after an accident is delayed. If you have neck pain in the hours and days after an incident, this may be due to whiplash. But serious injuries to the spine can also be the cause. Damaged people should contact a doctor to clarify the symptoms.

Are you entitled to compensation for pain and suffering due to neck injury?

Immaterial damage can in principle justify a claim for compensation for pain and suffering.

How much is the compensation for pain and suffering?

Depending on the extent and the underlying injury, the compensation for pain and suffering can be roughly quantified. However, there are no fixed rates, but must be considered on a case-by-case basis. You can find out which decisions the courts have made on the amount of pain and suffering for neck pain in the past few years in this table of pain and suffering.

neck injury

Whiplash after an accident?

Neck pain is a common symptom after an accident. The head moves uncontrollably in the event of an impact, so that whiplash injuries are not infrequently the result. This is often accompanied by tension, headaches and neck pain.

Those affected should then go to the doctor and have the complaints documented. But are you always entitled to compensation for pain and suffering for neck pain after an accident? What requirements must be met and how much can the compensation be if you have neck pain or whiplash?

When do you receive compensation for pain and suffering?

If compensation is to be paid because of an injury to the body, health, freedom or sexual self-determination, cheap compensation in money can also be demanded because of the damage that is not pecuniary damage.

The compensation for pain and suffering has two different goals:

Satisfaction function

Compensation function for the pain suffered

Neck Injury after a car accident? Claim compensation for pain and suffering

The amount of compensation for pain and suffering depends on various factors, including:

Discomfort in the neck and other parts of the body

Length of incapacity for work

Neck Injury after an accident first entitles you to compensation for pain and suffering. However, the fewer the actual complaints, the less likely it is that you will actually receive compensation for pain and suffering.

It is important that you see a doctor immediately if you have neck pain after an accident. To claim compensation for pain and suffering, you need evidence and documentation from a professional. You can also keep a pain diary in which you list your pain and problems.

If you decide to claim compensation for pain and suffering due to neck pain after an accident, you must contact the person who caused the accident or their insurance company. However, you should first consult a lawyer who can advise you and work with you to decide how much you can claim.

Please note that the right to compensation for pain and suffering becomes statute-barred. If you become aware of this and the person who caused the damage, the three-year period begins at the end of the calendar year.

How much compensation are you entitled to? A compensation table

a whiplash, which is manifested by neck pain after an accident, among other things, is divided into different degrees of severity, which also determine the amount of compensation for pain and suffering:

Severity 0: no injuries, minor discomfort

Severity 1: slight discomfort, neck pain, feeling of stiffness

Severity 2: Restricted movement, tingling in the arms

Severity 3: Functionality of the muscles is restricted, misalignments

Severity 4: fractures, paraplegia

If neck injury is very minor after an accident, you may not receive any compensation for pain and suffering.

What You Should Know About Industrial Injury Claims

You could be an avid employee working for an international company or maybe a diligent team member at your local store. However, one fine day while at work, you face a situation that is life threatening: you get hit by a falling object. From this moment on, you have suffered a great deal of physical and mental stress. What are you supposed to do? This post will try and answer such a question through the explanation of industrial injury claims. Anyone could face an incident like the one described above, and as such, we are here to provide you with what you should know about industrial injury claims. Knowing these measures, you or someone you know could be given a chance at securing themselves in a life-altering situation. We will also focus on how you can make use of the legal process in dealing with your losses in a minimal timeframe. Industrial Injury Claims Before delving into the intricacies of industrial injury claims, we must understand what exactly this type of claim is; it is the legal process that employees can use to request compensation for a loss such as an injury, disability or disease developed within the working environment or during their working process. The harm one suffers could also be a result of negligence. Some of the causes include unsafe working conditions, lack of protective equipment, lack of training on equipment and machine use, and faulty machinery. The claim is applicable to all workplaces – offices, factories, supermarkets, institutions and building sites. Since these places are under the influence and control of employers, employees can use their legal right to file a case against them when they suffer from an injury. The case must be filed within 3 years in usual circumstances. Industrial Injury Claims It is important to seek professional expertise in the process of legal action as employers are backed by insurance companies. This tends to give employers an upper hand as they have the support of strong legal experts. Keeping this in mind, industrial injury lawyer should be hired. It is critical to contact reputed firms in the expertise of industrial law. These firms will offer free consultation, and if they agree to proceed with the case, they will sign a contract of “No Win No Fee.” This contract states that there will be no upfront charges for the legal hearings and only a percentage of money will be agreed upon if the lawyer is able to attain the compensation money. The legal process largely depends on medical evidence and ground realities such as how the incident took place. Although the most sound and accurate advice can only be provided by professionals in this field, we can give you some general information that may help you prepare for such circumstances and possibly expedite your steps in a more effective manner. In order to prepare a strong case, it is important to file a claim early on as unnoticed diseases and injuries develop into serious problems in case they are not treated on time. Early claims can link the data collected with the passage of time which in turn creates a flow of how the incident took place. Lawyers are able to contact your insurance companies in the process and set the path for legal documentation. In case you don’t have insurance, the expenses will be incurred by the law firm. In order to make an industrial injury claim, it is important that you are able to prove that you suffered the injuries from the workplace and that the accident was caused by the negligence of someone else. It is also important to note that without assistance from professionals an individual can suffer substantial losses as well as mental distress due to the cumbersome process of court hearing and provision of evidence. It wouldn’t be advised to pass over professional help especially when you aren’t medically fit due to the injury, disease or disability. Some of the other important facts to be aware of are; throughout the legal process, the employers cannot showcase discriminatory employment practices and they cannot fire you. You can choose medical experts according to your liking, and it is within your control to allow someone to visit the doctor with you. Industrial Injury Claims In order to prevent future accidents from taking place, it is important to initiate the process of industrial injury claim for yourself and for other employees. In case of success on your end, the entire legal process will force the employer to rethink and restructure the company’s environment to prevent future legal actions from taking place against it. With this social benefit, you will also be able to use the compensation money to reduce or eliminate the financial losses you have incurred during the time off work. Through the awareness of industrial injury claims, employees can prevent exploitation by employers and in turn, benefit the rest of the labor force. Employees must understand the implications of neglecting professional expertise and staying quiet in a situation of injury or harm caused by someone else’s ignorance. The legal actions will force the employer or employers to take a different approach to the working conditions and environment of the company, store or industry. This will have a positive impact on the lives of workers as well as the affected employees. Through this discussion, we hope to bring clarity among readers on what they should know about industrial injury claims.

Filing a Personal Injury Claim

Let’s face it. Accidents happen, and sometimes they can happen because of someone or something, leading to more than just physical harm. Imagine you are on your way home after a long day at work and another driver swerves towards your car out of nowhere. Turns out, the other driver was texting and driving. You are left with an insurance claim and mounting medical bills, not to forget the mental trauma it brought along. If you want your damages compensated, you will need to file a personal injury claim. Filing a personal injury claim can help you hold the responsible party accountable. Starting up on a claim may seem complicated at first, but we have broken down the procedure to make it easier for you to get started should the need arise.

Step 1: Medical Check Up

The first thing you need to do after an accident is to get a medical checkup. Just because you are not experiencing any immediate pain does not overrule the cruciality of a medical checkup. Hidden pains can show up after months or even years if an immediate medical intervention is not observed. If you do not get a medical consultation, it can invalidate your personal injury claim. The responsible party will question the severity of the damages in question, and you could walk out without any compensation. Personal Injury Claim

Step 2: Contact an Experienced Personal Injury Attorney

Small injury or minor accident claims can be settled on your own without a lawyer. However, major accidents and incidents that require prolonged treatments and multiple visits to the hospital need a personal injury lawyer to help you cover your medical bills. Even if you are not open to the idea of hiring a lawyer, simply discussing your case will help you navigate your case by looking into requirements you did not know of before, limitations or complications like the time frame to file a claim. Even the simplest injury can have a complicated claim, so it is best to involve a lawyer.

Step 3: Setting up a Claim

This step involves informing the responsible party and their insurance provider about your intentions of filing a personal injury claim. This can either be done by you or your attorney. This helps in speeding up the settlement process.

Step 4: Gathering information and getting treatments for your injuries.

You will need to gather as much information about your injuries and other damages as possible while continuing with your treatment. Your agenda at this stage will be to gather medical invoices, get insight about your injuries and treatments from your doctors. You will also need to keep a tab on the personal property damages, the repairing and replacement costs.

Step 5: Negotiating a settlement

Your attorney will make a demand to the defendants or their insurance provider before or after filing a claim. The claimant’s attorney makes a demand for the compensatory amount before proceeding to court. This demand will be a compensation for the inflicted damage. Insurance providers will make an offer that will best suit the party they represent. Each party has a better idea of what they want from the opposing party. This can start a series of “back and forth” between the two. Between offers and counteroffers, you can either settle at a consensual amount or the case continues to trial. Personal Injury Claim

Step 6: Reaching a Settlement or Filing a Lawsuit

If you are not happy with the amount offered by the responsible party, you can file a lawsuit to get a compensatory amount that fills your demands. Once a lawsuit has been filed in court, this sets course for the discovery phase. It is when both parties begin investigations into the other party’s claims and defenses.  The discovery phase requires extensive documentation so it may last as long as a year.

Step 7: Filing a Lawsuit

Many personal injury claims are settled without filing a lawsuit. However, in the event of not reaching a settlement, a lawsuit becomes necessary. If you understand the process, your chances of winning the case become better. The process starts with filing a complaint. This will be a written document, describing the damages and compensation you want to seek. The litigation period that proceeds after would require both parties to give a deposition. Meaning both will need to testify under an oath regarding the injuries. This is recorded for later use. Once the case goes to court, the evidence is presented before the jury. The jury then gauge the evidence and decide which evidence has more credibility. If you win the lawsuit, the jury will decide the amount you will be awarded.

How to Deal with an Injury Claim After Exposure to Asbestos

Injury claim: Asbestos exposure can be severely detrimental to your health. When asbestos is inhaled, it results in the disease known as mesothelioma, which causes cancer in the mucous lining between the organs and the chest or abdomen cavity. If you have been exposed to asbestos on your job or as a direct result of your employment, you can file a claim for asbestos compensation. Here’s everything you need to know regarding asbestos compensation and how to deal with a compensation claim:

Types of Compensation

Asbestos compensation cases generally receive 2 types of compensations:

Personal Injury Compensation

Dealing with mesothelioma is an ordeal. You are entitled to receive medical compensation as a result of your affliction as it is a direct consequence of asbestos exposure, as per state or national law. Medical compensation can cover transportation costs, diagnostic tests, and surgical procedures medical negligence.

Wrongful Death Compensation

If the asbestos-related affliction results in the death of an employee, their family members are entitled to be compensated for funeral and burial costs. A set amount of compensation may also be offered to the dependents for a set period after the unfortunate event. The amount of the asbestos compensation depends on the claim filed. There are many factors to be considered, such as the duration of the affliction, the medical costs, carer’s costs, lost wages, etc. The compensation offered can come from a court trial, a settlement, or trust funds. Trust funds are set up by asbestos manufacturers to compensate asbestos victims. Injury Claim After Exposure to Asbestos

Eligibility Criteria

Anyone who has been diagnosed with mesothelioma as a result of direct exposure to asbestos can file a compensation claim. The amount of the compensation depends on the severity of your case and whether your case is settled as a settlement or a court trial. In any case, it’s important to talk to a professional mesothelioma claims lawyer before filing a claim. Here are a couple of steps to keep in mind when going on about an asbestos compensation claim:
  • Talk to a professional lawyer about your circumstances. Find out what type of compensation you are eligible for. It’s crucial that you find the right attorney who has a proven track record of dealing with mesothelioma claims. Speak to your attorney about the compensation that would be the most suitable for you and your family.
  • You’ll need to trace your asbestos exposure history. Mesothelioma is a serious disease that can take up to 50 years after the asbestos exposure to manifest and get diagnosed. The time between the exposure and the diagnosis is too much.
  • This is one of the primary reasons more lawsuits are filed than workers’ compensation claims related to asbestos compensation. The workers’ compensation programs generally have a short period to file a claim related to a disability after the event that caused the disability. For mesothelioma, too much time passes between the exposure and the diagnosis, so the workers’ compensation claims are mostly void.
  • Consider all options provided by your attorney for compensation. These may include lawsuits, settlements, or trust funds.
  • Your lawyer will provide you with the options for the maximum amount of compensation. If you decide to go for a lawsuit, you may have to go through settlement offers from the defendants. Settlements are offered to resolve the case outside of the court so that the defendants can avoid a legal lawsuit.
  • Track your expenses. Medical costs can pile up quickly with traveling costs as not everybody specializes in dealing with mesothelioma cases. You may need a helping hand to care for yourself depending on your circumstances. You may be eligible to receive a carer’s allowance in such cases. Tracking your expenses can help your lawyer determine the severity of the situation and deal with the case for the maximum amount of compensation.
  • Injury Claim After Exposure to Asbestos
In the case of settlements, the defendants pay a compensation amount mutually agreed upon by the claimant and the defendant. If both parties fail to reach a settlement, the claim is taken to a legal court. The jury decides if the defendant is liable to pay monetary compensation to the claimant and decides the amount of compensation depending on the case. Mesothelioma claims are dealt with on a case-by-case basis so there’s no general set amount. If you or a loved one have been diagnosed with mesothelioma, our partner firms can be of assistance to you. Contact us and you can rest assured that our professional injury claims specialist will strive for the best possible outcome for your case.

WORK INJURY LAWYER – WHEN DO YOU NEED ONE?

No matter how many precautions we take, accidents do happen under varying circumstances. Injuries caused at the workplace can range from minor to major life-threatening injuries, even fatalities. A work injury lawyer is a specialist who can handle cases such as these. Work injuries refer to the injuries sustained at the workplace due to an accident or negligence of the employer. In this blog post, we explore what a workplace injury is and how can you claim it. injured on job - WORK INJURY LAWYER

When do you need a work injury lawyer?

Unfortunately, things do not always go as you have planned them. When you have to take extra time off work to heal, it is difficult to communicate with the insurance companies. Here are some conditions when having a lawyer by your side is worth the investment.
  • ► Denied claim:
This is one of the main reasons why work injury lawyers are important. Your claim can get denied due to several reasons. To prove your claim, you need expert legal help which only work injury lawyers can provide.
  • ► Pre-existing conditions:
The insurance company might deny the claim if you have pre-existing conditions that could be the cause instead. You might need a work injury lawyer to support your claim.
  • ► Other benefits:
If you are receiving any other government benefits in case of disabilities or other issues, your compensation might minimize the SSDI benefits. Work injury lawyers help you minimize your SSDI reductions and explain how they interact with the compensation most advantageously.
  • ► Third-party claims:
Another reason why you need a work injury lawyer is the third-party claim. It means that along with the employer, you may be able to have a claim against the third party. These claims are often complicated because they require proof that the other party was negligent.

Some common grounds for work injury claims:

You can claim your workplace injury if it resulted from the following reasons.
  • Slip or fall
  • Noxious environment
  • Assault
  • Improper training
  • Dangerous machinery
  • Poorly maintained equipment
  • Toxic substances
  • Negligence of employer

Some common types of workplace injuries:

These include;
  • Burn and scald injuries
  • Fatal injuries
  • Loss of sight
  • Spinal injuries
  • Brain injuries
  • Amputations

Are you eligible to make a work accident claim?

If you feel that your employer failed to meet their responsibilities and negligence led you to be injured in an accident, you can claim the compensation by filing a work accident claim. However, the main thing to note here is that work accident claims are for people who suffer from a workplace injury. There might be certain circumstances where you might unintentionally contribute to your accident at work, you may still be able to claim the compensation if your employer is deemed to have been the main reason for your injury.

How can a work injury lawyer help you?

A work injury lawyer is focused on helping you rebuild your life and get back to doing what you were doing before the injury as far as possible. The legal expert will help you claim the injury and get the compensation you deserve. Moreover, a solicitor will represent your case legally and professionally and help you by all possible means to make your claim successful. One thing to do is to find an ‘experienced’ solicitor who is familiar with all procedures and whose expertise will make your case more strong and successful. Once you have found a solicitor, they can take up your case and their experience can make a tremendous difference to the success or failure of your claim.

How much compensation can you claim?

The compensation you are able to claim depends on what kind of injury you sustained. It varies based on several factors. These include how severe your accident at work is. Do you need time to recover? Who else is affected by your workplace injury? What damage has it caused you physically, psychologically, or financially. Having said that, it is never possible to calculate exactly how much compensation might be awarded.

What is the work injury claim time limit?

Generally, 3 years is the time limit within which you can file the claim. If you claim your injury after this time, your case may be considered time-barred and may not be entitled to any compensation. The 3-year deadline commences from the date that the accident occurred.

No win no fee:

No win no fee refers to the cases where the fees are only applicable if the victim wins the claim. If, on the other hand, the claim fails to become successful, the victim is not entitled to pay any money to the solicitor. It is burden-free for the victim who can claim the compensation without the fear of financial accountability.

How can we help you?

Our professionals, with their years of experience, will help you file a successful work injury claim. Our specialists work on a ‘no win no fee basis. Our team believes in putting the clients first. We are dedicated to helping you by all possible means to achieve the best results. Our team will be pleased to bridge the gap between you and a claims management firm to discuss your case and provide you professional help.