Personal Injury
Guide to Neck Injury Settlements After a Car Accident
Car accidents are a leading cause of neck injuries, which can range from mild discomfort to debilitating conditions requiring surgery and/or long-term care. When pursuing a settlement for a neck injury suffered from a car accident in Nebraska, understanding the factors that influence compensation is crucial.
Factors Influencing Settlement Amounts
The deciding factors for motor vehicle settlements generally include a variety of factors that are specific to an injured victim’s specific situation. Valuing neck-related injuries is no different and includes taking into consideration things like the severity of the injury, economic and non-economic damages, and legal considerations such as liability.
Severity of the Injury
The severity of the neck injury is probably the most significant factor in determining the settlement damage amount. Minor soft tissue injuries typically result in lower settlements, while severe injuries, such as herniated discs or fractures, command higher compensation.
Medical Costs
Medical expenses, including emergency care, diagnostic tests, ongoing treatment, and potential future medical needs, can be a substantial part of the settlement calculation, especially when it’s clear an individual will require significant future care. Documenting all medical costs is essential for maximizing compensation.
Impact on Quality of Life
This factor goes hand and hand with the severity of the injury, but if the neck injury affects the victim’s ability to work, engage in daily activities, or enjoy life as before, compensation may include damages for pain, suffering, and loss of enjoyment of life.
Liability and Negligence
Nebraska follows a modified comparative negligence rule. If the injured party is found to be more than 50 percent at fault for the accident, they may not recover damages. Settlement amounts are also reduced proportionally if partial fault is assigned. Thus, when liability is in dispute, in addition to valuing damages, an injured victim must consider the likelihood of losing at trial in valuing their injury claim.
Insurance Policy Limits
The at-fault driver’s insurance policy limits can cap the settlement amount if the driver has limited insurance and is without sufficient personal assets. In cases where damages exceed the at-fault driver’s policy limits, the injured party may need to pursue compensation through their own uninsured/underinsured motorist coverage, or a lawsuit.
Common Neck Injuries from Car Accidents
Neck injury symptoms do not always present immediately after a car accident. While some individuals experience pain and stiffness within hours, others may not notice symptoms until days or weeks later. This delayed onset is particularly common with injuries like whiplash, where inflammation and soft tissue damage take time to manifest. In addition, neck injuries also often initially manifest as loss of feeling, or pain, felt in the shoulders, arms, or hands.
Neck injuries can result from various types of trauma during a car accident. Below are five common causes:
Whiplash
Whiplash occurs when the neck is suddenly and forcefully thrown forward and backward, damaging muscles, ligaments, and tendons. This is the most common neck injury in rear-end collisions.
Symptoms of whiplash include:
- Neck pain
- Stiffness
- Headache
- Shoulder pain
- Dizziness
- Difficulty moving the head
- Occasional numbness or tingling in arms
Cervical Fractures
Severe car accidents, such as rear-end collisions, can cause fractures in the cervical vertebrae. These fractures can lead to instability in the neck and potentially life-threatening complications if not treated promptly.
Symptoms of cervical fractures commonly include:
- Pain at the fracture site
- Reduced range of motion, such as when turning the head or looking up/down
- Numbness, tingling or weakness in the arms and hands
- Muscle weakness and difficulty with fine motor skills
- Headaches at the base of the skull, sometimes radiating to the forehead
- Dizziness
- Breathing difficulties
Herniated Discs
A herniated disc occurs when the soft, gel-like center of a spinal disc pushes through its tough outer layer. Common accidents that may lead to, or aggravate, herniated disc damage include rear-end collisions, head-on collisions, side-impact collisions, and rollover accidents.
Common symptoms include:
- Pain in the neck that might radiate down the arms, shoulders, and into the hands
- Numbness and tingling sensations in the arms and hands
- Decreased muscle strength in the arms
- Pain worsening when turning the head or bending the neck
- Headaches due to muscle tension
Nerve Damage
Nerve injuries often go hand in hand with the other neck injuries referenced above and can occur if the spinal cord or peripheral nerves are affected during the accident. Common car accidents that can cause nerve damage include rear end collisions, accidents where a person is pinned against objects causing compression of nerves, and any accidents that cause direct trauma to limbs which can damage peripheral nerves.
Symptoms often include:
- Numbness or tingling
- Muscle weakness
- Sharp, burning, or shooting pain
- Loss of reflexes
- Chronic or unexplained pain
- Sensitivity to touch or temperature
Common Treatments for Neck Injuries
Treatments for neck injuries depend on their severity but commonly include:
- Physical Therapy: Exercises to strengthen neck muscles and improve mobility.
- Medication: Pain relievers, anti-inflammatory drugs, and muscle relaxants.
- Chiropractic Care: Adjustments to relieve pain and improve alignment.
- Surgery: Necessary for severe cases, such as herniated discs or fractures.
- Rest and Immobilization: Use of cervical collars to limit movement and allow healing.
Settlements for car accident-related neck injuries in Nebraska are influenced by multiple factors, including the nature and severity of the injury, medical costs, and legal considerations. Understanding these elements helps injured individuals navigate the claims process more effectively. By addressing the common causes and treatments of neck injuries, and recognizing the nuances of settlement calculations, victims can better advocate for fair compensation.
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Related Pages
Your Guide to Motor Vehicle Injury Settlements
10 Most Common Motor Vehicle Accident Injuries in Nebraska