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.

Hiring slip and fall lawyers for personal injury

You may be carrying on your day, and suddenly, you take a tumble down the stairs. Slip and fall cases such as these are a common cause for trips to the ER. Although this happens usually because of our own negligence, however, that is not always the case. Someone else might be accountable for your medical bill at the ER, and that is where a lawyer comes in. Most slip and fall cases are not suitable for self-representation for mainly two reasons. First fault for a slip and fall incident is usually unclear, there is a lot of ambiguity in determining the contributing factors. Property owners and their insurers are not up for taking accountability unless their fault is evident. Secondly, it is common to see defendants claim that the plaintiff’s injury is not as serious as they claim. In the event of a slip and fall the first thing you should do is get a medical checkup. It is better not to shrug off small injuries because at times small injuries can turn out to be fatal in the future especially if you have had a concussion or a back injury. It is not mandatory to get a medical checkup if you feel fine. Other than being a precautionary step, your medical bill can help build up a case if you file a lawsuit. This helps as being an essential piece of evidence in both settlement negotiations and court of law. Slip and fall incidents are no laughing matter. Although only one in five injuries prove to be serious, however, slip and fall incidents are the reason behind around 8 million emergency room visits, which count to 20% of all hospital visits. If you find yourself in such a situation and you want to seek compensation for the damages, your first instinct should be to contact a law firm, and since the initial consultations are free of cost, there is nothing to lose. If you want to hold the other party accountable on a personal injury case, it is highly likely your opponent will be represented by a team of lawyers, so unless you have some expertise in the area, you will need a slip and fall lawyer to act on your behalf in court. Hiring slip and fall lawyers for personal injury Your opposing party will be represented by insurance adjustors who will negotiate and try to save their client’s money by offering you money that most probably would not cover your damages. Your lawyer will negotiate with them and help in coming to terms with an offer that would suit you best. Your attorney will help you establish negligence. This means that if you slipped because of a spill caused by you, it is highly likely you will not be winning the case. On the other hand, if you slipped because of a spill that was already there, this can help build up a strong case in your defense. Falls can occur very quickly, and a lot of people do not exactly comprehend the accident, so your lawyer will help connect the dots and figure out how exactly the injury occurred. A good lawyer will examine the scene and consider factors and possibilities leading up to the fall. The investigation also includes the examination of state, federal and local laws to determine if property conditions were violating any laws. After the establishment of negligence, the attorney must provide evidence that justifies damages in terms of:
  • Medical expenses
  • Time lost from work
  • Physical therapy
  • Pain and suffering
  • Loss of future earnings
  • Mental stress
  • Permanent disability, if applicable
Your attorney will help organize all the required documentation in place while assessing your future and current losses. This will help solidify your demand for a compensation. A client’s employment records can help the lawyer work out the lost income. Gauging in non-economic factors, some of which are mentioned above, while combining them with proper documentation, is no easy task. The lawyer keeps the client posted while working out a clear picture to form a case. In personal injury cases, slip and fall lawyers usually get a contingency fee. This means that the lawyer takes a representation fee out of any settlement or jury award that is appointed. In the event of not reaching any settlement or losing the case altogether, the lawyer does not get a fee either.

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.