For such an important part of the human body, the neck is incredibly delicate. Any trauma – even something as simple as a rapid, abnormal movement or small impact – can result in catastrophic harm such as whiplash and potentially have a lifelong impact. Whiplash treatment costs nearly $30 billion a year, and studies have shown whiplash or similar neck trauma can occur at speeds as low as 5 miles per hour. Though car accidents are the most common cause of many neck injuries, physical abuse, slip and falls, and even sport collisions result in a similar outcome. Alarmingly, 60 percent of permanent impairment claims result from “minor” neck injuries, and 3 million Americans will suffer a neck injury each year.
In cities like Perris, with an exploding population, a large number of residents commuting to work, and heavily traveled roads and freeways, and a large number of massive commercial trucks in the area, it’s no surprise that the daily occurrence of car accidents results in a large number of whiplash cases and other soft tissue neck injuries. High speeds of travel, distracted drivers, and frequent occurrence of rear-end crashes all contribute to the multitude of neck injuries suffered by motorists and their passengers. Though some neck injuries are truly the result of an accident, often the incident wouldn’t have occurred unless someone was negligent. If you or a loved one’s neck was hurt in an accident, no matter how it occurred, contact an experienced Perris Whiplash and Neck Injury Attorney today to see if you may be entitled to compensation for your injuries.
Causes and Symptoms of Whiplash and Neck Injuries Whiplash is a soft tissue neck injury, also called neck strain or cervical muscle strain, caused when the neck moves rapidly and unnaturally like the cracking of a whip. Whiplash results most frequently from rear-end motor vehicle accidents, which are usually caused by the rear driver’s negligence. Though many people suffering from whiplash recover in a few weeks with the proper treatment and medication, it’s possible to suffer chronic pain as well as other long-term effects because it involves the neck vertebrae, discs, and nerves in in the neck.
Whiplash symptoms may not develop immediately, which is why it’s so important you get evaluated by a medical professional and receive care as soon as possible after your accident. Symptoms can take days to appear, and, depending on how and where your sprain or strain occurs, can present in a variety of different ways. It’s not uncommon to begin noticing symptoms such as:
- Neck pain and stiffness,
- Range of motion loss in the neck,
- Shoulder, back, or arm pain
- Fatigue, or
- Dizziness or blurry vision.
Some victims may also experience less common symptoms like ringing in the ears (tinnitus), memory problems, difficulty concentrating, irritability, or even depression. In severe cases, spinal surgery may be required years later to correct chronic problems.
What Do I Need to Win My Case? Victims of Perris whiplash and neck injuries try and recover compensation from the responsible party by filing a lawsuit claiming the defendant’s negligence makes them liable for the victim’s injuries. Whether your injury occurred during a motor vehicle accident or another set of circumstances, negligent behavior in any situation may provide you legal basis for recovery. To establish negligence, you must prove it’s more likely than not the defendant had a legal duty of care to you, breached their duty through either an act or omission, caused your harm as a result of their breach, and that you suffered an actual injury. If these elements are present, negligence is established unless the defendant has a valid legal defense.
Another way to establish negligence in car accidents is by proving the person responsible broke a law, rule, or regulation and caused your injury. A traffic law violation, for example, that results in an injury-causing accident creates a presumption the offender acted negligently. Common traffic violations that can cause these collisions include:
- Failing to yield,
- Illegal turns,
- Texting and driving,
- Running a stop sign or red light at an intersection,
- Driving under the influence, or
- Unsafe lane changes.
What Is My Case Worth? After you have established a defendant was negligent and is legally responsible for your whiplash or neck injury, you may be entitled to damages for injuries you can prove to the court. Though no amount of money will erase the fact you were injured, a judge or jury may award you compensatory damages for a variety of physical, mental, emotional, psychological, and financial damages including:
- Pain and suffering
- Medical bills and future medical expenses
- Emotional distress
- Lost wages and lost future earning capacity
- Loss of consortium
- Property damage
- Loss of enjoyment of life
- Funeral expenses and burial costs.
Sometimes a victim may recover additional damages at the court’s discretion when a defendant behaved in a particularly vile or reprehensible manner. Punitive damages are not only meant to punish a defendant’s bad behavior, they serve to deter repetition of similar conduct in the future. Due to the potential complications of establishing a defendant’s mindset and satisfying a high burden of proof, the complicated area of punitive damages is best tackled a skilled Perris Whiplash and Neck Injury Attorney.
Contact an Attorney Today Chronic injuries like whiplash and soft tissue damage can cause you physical, financial, and emotional stress, impact your work, and negatively affect your quality of life. If you were involved in an accident and suffered one of these traumatic injuries because of someone else’s negligence, contact the Perris Whiplash and Neck Injury Attorneys at Walton Law, APC today. Our attorneys have spent years providing tailored, dedicated representation for victims like you and delivering results. We’ve recovered millions of dollars for our clients’ injuries to help them get back on their feet and will fight to get you the compensation you deserve. Contact us today to schedule your risk-free, no obligation initial case review. We are available 24/7 at (866)-338-7079 or through our online Contact Page to set up your confidential consultation. The initial case evaluation is free, and you pay nothing until we recover for you. Let our attorneys review your case and work to secure the best possible outcome from a bad situation.