What To Do After an Auto Accident Neck Injury
Key Takeaways
- Several different types of neck injuries can occur in a car accident due to the force of impact involved and the complex structure of the neck itself.
- Whiplash is one of the most common car crash neck injuries and occurs when your neck is rapidly forced into an unnatural back-and-forth movement.
- Filing a claim for whiplash in Michigan involves no-fault benefits under PIP coverage and will help pay for medical bills, prescription costs, lost wages, and more.
- Michigan’s no-fault insurance laws allow you to sue the negligent driver if they were more than 50% at fault for the accident that resulted in a death, permanent injury, serious impairment, or loss of income.
- To prove pain and suffering from your neck injury and obtain compensation in Michigan, you will need to show that the at-fault driver was negligent.
Whiplash, a type of neck injury, is one of the most common injuries caused by a car accident. The impact of a sudden collision can jolt the neck forward, causing various other injuries as well. While sometimes these injuries can be minor, other times they can create the need for surgery or long-term physical therapy. If you sustained a neck injury during a car accident, do not hesitate to call the compassionate lawyers at Matz Injury Law. We can guide you through the process of documenting your injury, dealing with insurance, and more to get you full compensation for your injuries.
What to Do If You Think You Have a Neck Injury
Following a car accident and in the immediate days ahead, take the following steps if you think you might have an injury to your neck.
1. See a Doctor Immediately
It is imperative that you see a doctor immediately to determine if there is a neck injury. A diagnosis will lead to medical treatment as soon as possible after your accident so you can avoid further long-term complications. This will also establish a connection between your injury and the accident, which you must prove to receive compensation.
2. Document Your Symptoms
Be sure to document all your symptoms as soon as possible. Tell them to a medical professional so they will be in your medical records. These records will be an essential part of your neck injury claim.
3. Hire a Car Accident Injury Attorney
Seek the legal advice of an experienced Michigan car accident lawyer to determine what to do next. Your lawyer can evaluate your case, compile relevant evidence, calculate damages, and negotiate a maximum settlement with the insurance companies.
What Will Happen If I Put Off Treatment for My Neck Injury?
Delaying treatment for whiplash or other serious car accident neck injuries can cause future complications. The neck pain accompanying a whiplash injury can worsen, leading to a lower quality of life and additional health issues like chronic neck pain and decreased mobility. You may be unable to return to work and encounter financial hardship for your family as a result.
Can I File a Claim For Whiplash After a Michigan Car Accident?
You can file a claim for your whiplash after a car accident in Michigan. Essentially, you can file for benefits through a no-fault claim with the insurance company under PIP (personal injury protection) coverage. However, it is important to note that Michigan PIP law requires that you provide reasonable proof of your injuries first.
These no-fault benefits will be beneficial in helping you with
- Medical bills and prescription costs
- Lost wages
- Mileage and transportation costs to and from medical appointments
- Any attendant care services or household replacement needs
- Related out-of-pocket expenses
Prior to agreeing to anything by the insurance company, you should speak to a car accident attorney first. Insurers are notorious for offering lower amounts. An experienced Michigan car accident lawyer knows how the insurance company will try to reduce or refuse your claim for compensation and can fight on your behalf.
Can You Sue for Whiplash Injury in Michigan?
Michigan’s no-fault insurance laws allow you to sue the negligent driver if they were in excess of 50% at fault for the crash that resulted in a death, permanent injury, serious impairment, or loss of income.
At the core of these lawsuits is proving that the injury constitutes some serious impairment to normal body function. The focus will be on what in your life is impaired or affected as a result of the injury.
For example, one of our clients, a mechanic, had to give up his own ATV, snowmobile, and boat because he could no longer work on his own stuff, let alone that of his customers.
Common Symptoms of Whiplash after a Car Accident
Some common symptoms of whiplash injuries include:
- Neck stiffness and pain
- Muscle spasms
- Headaches
- Decreased range of motion
- Upper back pain
- Tenderness in the upper back, shoulder, or arm
- Numbness or tingling
- Dizziness
Types of Compensation Can You Receive For Whiplash Injuries
After sustaining a neck injury, you may be able to sue in certain circumstances for pain and suffering and excess medical expenses.
Pain and Suffering Compensation
To receive pain and suffering compensation, you must show that your pain is due to your whiplash injury and constitutes some “serious impairment of bodily function.”
Excess Medical Expenses
Due to the treatment and surgery options surrounding neck injuries, medical bills can escalate rapidly. As such, in your lawsuit, you may be able to sue for these as excess medical expenses.
How Medical Expenses Affected One of Our Clients
One client of our law firm had three surgeries in the span of six weeks because the doctors had to go in from both the front and back of his neck to reach his injury. Eventually, he underwent neck fusion surgery, which resulted in the elimination of mobility in a part of the neck. This type of surgery leaves the areas just above or below the fusion more susceptible to injury because pressure is now distributed over fewer vertebrae. In addition, it left a visible scar on the front of his neck, which is considered an additional injury on top of the actual damage.
For clients who have already had neck surgery before their accident, we tell them to go back to their surgeon to confirm that the hardware is still intact and that there has not been an injury to the level above or below. Doing so lets us determine what compensation to seek for excess medical expenses.
How Do I Prove Pain and Suffering After a Michigan Car Accident?
Proving pain and suffering after a Michigan car accident is one of the biggest challenges you may face. Some evidence of pain and suffering may appear in the form of any of the following:
- Physical pains and aches
- Adverse mental health effects associated with disfigurement or scarring
- Chronic anxiety and stress
- Insomnia
- Post-traumatic stress disorder (PTSD) involving nightmares and panic attacks
To prove a pain and suffering claim in Michigan, you well be required to prove the following:
- The at-fault driver was negligent.
- The at-fault driver was at least 50% responsible for the accident.
- The at-fault driver’s negligence is the cause of your injuries.
- As a result of the accident, you suffered an impairment.
- You experienced pain and suffering as a result of the accident.
Supporting Testimony
Testimonies and documentation can serve as proof in your case. You or your family and friends should be able to testify that there is a noticeable difference in behavior after your injury and that there is continuous pain. Having a doctor, surgeon, or therapist also weigh in on your behalf to talk about the pain and other adverse effects will be beneficial.
Documentation
Documentation will play an essential role in proving pain and suffering. Such evidence may include:
- Prescription records and receipts, including strong pain medications
- Medical records relating to any scans, tests, treatments, or surgeries, and including doctor’s notes concerning your physical and mental pain in the aftermath of the accident
- Personal notes or journals describing both your physical pain and mental challenges following the accident
Protect your neck injury claim. Schedule a free consultation with Matz Injury Law.
7 Types of Neck Injuries After a Car Accident
The force of impact in vehicle collisions can damage the complex structure of the neck in a variety of ways. Here are seven common neck injuries after an auto accident.
1. Whiplash
Whiplash occurs as the head and neck are forced out of their normal range of motion, snapping back and forth quickly. Accident victims can suffer damage to the muscles, soft tissues, nerves, and even the facet joints such as the jaw.
2. Slipped or Herniated Disc
Intervertebral discs in the cervical spine can slip, herniate, bulge, or rupture during a car crash. These discs serve as shock absorbers protecting the vertebrae. If slippage occurs, you risk compression of the spinal cord nerves. With a ruptured, herniated, or bulging disc, the jelly-like substance inside the disc protrudes, compressing nerves and crowding the vertebrae.
3. Neck Sprain or Strains
Two common types of neck injuries are strains and sprains, which occur with the tearing or stretching of the soft tissue in the neck.
Neck strain can cause muscle injury and damage the connecting tissues, tendons, and facet joints.
Neck sprains involve the tearing of ligaments. These ligaments are what connect the bones to other bones.
4. Cervical Spondylolisthesis
Cervical spondylolisthesis is when one or more of the vertebrae dislocate or in some way slip out of regular alignment, often compressing the spinal cord or nerves. Chronic pain in the neck or shoulder can result if left untreated.
5. Neck Fracture or Compression
A neck fracture, or cervical spine fracture, happens when a bone breaks or cracks. This type of injury has the potential to damage spinal cord nerves and lead to paralysis or death.
A compression fracture is when the vertebra shatters, potentially lodging small pieces of the bone in other areas. Compression fractures may cause injury to the spinal cord.
6. Soft Tissue Injuries
Soft tissue damage usually means injury to the muscles or ligaments in the neck. A doctor’s examination and diagnostic tests may be necessary to determine if you need treatment.
7. Spinal Cord Injuries
Damage to the spinal cord or nerves can affect your ability to move your arms and legs. This type of injury requires extensive medical attention and can result in temporary or permanent paralysis.
Additional Resources
Compensation for Death in Car Accident: Michigan Wrongful Death Guidelines: Find out what you need to know when someone dies in a Michigan car accident, including the deadline for filing a claim, who can make that claim, and the types of claims you may be able to file.
What to Know About Michigan Case Costs and Attorney Fees: Gain an understanding of common lawyer fee structures and the maximum allowable fee outlined by Michigan law.
How to File in Small Claims Court for Auto Accidents in Michigan: Learn about the Michigan mini-tort claims process, the basic rules of the small claims court, and the steps to take to file for your accident.
Guide To Filing Deadlines for Car Accident Lawsuits in Michigan: Learn about the filing deadlines for Michigan auto accidents and how a car accident lawyer can help.
Why Clients Choose Matz Injury Law
At Matz Injury Law, we advocate solely for accident victims, so you can count on us to prioritize your needs. We also have decades of legal experience representing auto accident victims using our extensive knowledge of Michigan personal injury and insurance laws.
At Matz Injury Law, we also charge a lower fee than most other Michigan car accident lawyers. While most law firms charge a 33% contingency fee, we only charge 22%. We want you to keep more money in your pocket.
In addition, a Matz attorney will also travel to where you are or meet you on Zoom. After a car accident, you may be hesitant to drive again or in too much pain to visit a lawyer’s office. We know this is a challenging time in your life, and we aim to make it as painless as possible.
Testimonials
“Many thanks to Jared and the staff at Matz Injury Law! You definitely helped ease a very stressful situation. I really didn’t have to do anything; you folks did it all, which I appreciated very much. It’s never a pleasant experience when someone runs a red light and you end up with life-long injuries… and I sure didn’t want to have to deal with the insurance company too. Two thumbs up from me!” – Kim B.
“Steve Matz was there when I needed him. Nobody expects to be a victim of a car accident, but when I found myself in that situation, it was overwhelming. Steve made everything easy. Steve did not accept the insurance company’s first offer. He held out and got me a better settlement. Steve is very kind and professional. I highly recommend Matz Injury Law.” – Sharon K.
“Matz injury law was the best decision I have made. Steve has been so helpful through this whole process and always there for me and my husband. He made everything quick and easy! I would highly recommend Matz Injury Law.” – Linda N.
Pay Nothing Out of Pocket for Your Neck Injury
What might have seemed like a minor injury at the time of your accident could end up costing you a fortune if you need surgery or intensive physical therapy. Prevent insurance from underestimating your neck injury with the help of our personal injury lawyer. Our Southfield law firm knows how much your injuries are worth and can help you maximize your compensation to cover medical bills and more. Call Matz Injury Law today at 1-866-226-6833 or use the online contact form and schedule your free consultation.
Frequently Asked Questions
You should be able to make a claim if you were a passenger in a Michigan car accident. Even if the crash did not appear to be severe, you should still consider seeking treatment, as even minor crashes can result in whiplash.
Any type of car accident that involves a sudden stopping motion may cause whiplash. Here are some of the most common types of accidents that can result in neck injuries:
- Rear-ended accidents
- T-bone accidents
- Head-on collisions
- Truck accidents
- Motorcycle accidents
In Michigan, you only have three years to file a whiplash claim from the date of your accident. There are limited exceptions to this, including circumstances in which the driver was under 18 at the time of the accident. Contact an attorney as soon as possible so they can handle your case from the beginning and not worry about the statute of limitations.