Common Questions and Answers about Neck and Back Injury Cases

Millions of Americans are hospitalized every year with injuries, and many of them suffer in some way with pain and damage to the neck or back. These areas are some of the most important parts of the body for general strength and mobility, but they’re quite fragile too, and it’s surprisingly easy for neck and back injuries to occur.

A simple fender bender can lead to cases of whiplash, for instance, or a slip and fall, while one is out and about, which could lead to a serious back injury that requires weeks of rest to recover. In more serious cases like severe auto accidents or workplace injuries, people can suffer life-changing effects as a cause of neck or back injuries, potentially leading to loss of work and total lifestyle alterations.

In these cases, the victims of such injuries typically contact lawyers and set about building up a case against the person or parties they hold responsible for causing their injuries. This can help the victim of the accident receive compensation to cover their various costs related to recovery and rehabilitation, as well as providing them with some sense of justice for the damage done. 

This guide will look at some common questions and answers on neck and back injury cases to help you learn more about how they work and what to expect if you’re preparing a case of your own.

What Should I Do After a Neck or Back Injury?

If you suffer a neck or back injury somehow, either on the roads, at work, or in another location, there are a few key steps to follow:

  • Get Medical Assistance – Of course, the first and most important step after suffering a neck or back injury, or any injury of any other kind, is to make sure you see a doctor and get to a hospital as soon as possible for medical care. Depending on the nature of the injury, different types of treatment might be available to speed up your recovery or ease your symptoms.
  • Follow Medical Recommendations – It’s also wise to make sure you follow medical advice all the way after this sort of injury. If you ignore or overlook any of your doctor’s recommendations, your recovery might not go as smoothly, you may find yourself dealing with additional symptoms, and you could harm any legal cases or insurance claims you make as a result of the accident.
  • Contact a Lawyer – It’s also strongly recommended to get in touch with a lawyer as soon as possible after your injury. Various personal injury firms can be found all across the US with experience handling back and neck injury cases, and a trained, experienced lawyer will be able to answer any questions you have and guide you towards the best result for your case.
  • Document Your Injury – Experts also recommend documenting your injury too. For example, if you suffered the injury in an auto accident, try to take photos and document the scene of the accident and the injury you suffered, as long as it’s safe to do so. This documentation can help you build up evidence to use later on for insurance and legal purposes.

What is the Neck and Back Injury Claim Process? 

The process for any kind of personal injury, including neck and back injuries, begins with the filing of a summons and an official complaint to the appropriate court. The court clerk should accept this filing and then the defendant in question for the case will need to be served with their copy of the documents.

From there, both sides will usually start to put together their cases. The defendant may want to build their own evidence and arguments if they feel that the charges are unfair or exaggerated, while you, as the plaintiff, will work with a lawyer to build your own case with the help of photos, medical evidence, witness statements, and so on. 

Lawyers on both sides will usually be in communication to try and reach a settlement and both sides may have to present their cases in front of a judge and jury.

How Much Can Plaintiffs Receive in Neck and Back Injury Settlements? 

The answer to this depends on a lot of different factors, such as the location in which the incident occurred, the nature of the accident that led to the injury in the first place, the severity of the injury and its effects on the person involved, and so on. All of these factors have to be taken into account over the course of the case in order to decide on a suitable settlement.

Statistics show that the national average settlement for neck and back injuries is approximately $925,000, while the medium amount is closer to $300,000. The highest ever settlement was in excess of $70 million, while the lowest recorded amount was under $2,000, so it’s clear to see that results can vary wildly from case to case.

Do Neck and Back Injury Cases Tend to Go to Trial? 

No, in most cases, these sorts of cases don’t actually end up at trial. The vast majority are settled far before any trial date, but some cases will go to court if there are disputes over the facts or arguments to be made over how much compensation is due, who is eligible to pay, and how the incident causing the injury actually occurred in the first place.

How Long Do I Have to File a Claim?

The usual statute of limitations for neck and back injury cases, as well as other personal injury cases, is two years. This can vary from location to location and case to case, and it’s usually best to get these cases started and resolved early on, as evidence can disappear and memories of events can fade over time.

Final Word

Neck and back injuries can be painful and debilitating to deal with, but as long as you follow the correct steps and take appropriate action, you can navigate the challenges of these injuries and get the best possible results.

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