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 percent 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.

Common 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.

• 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.
• 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.
• Neck sprain or strains: 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.
• 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. This can result in chronic pain in the neck or shoulder if left untreated.
• 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.
• Soft tissue injuries: Soft tissue damage usually means injury to the muscles or ligaments in the neck.
• 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.

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.

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.

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.

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. As a result, you may be unable to return to work and encounter financial hardship for your family.

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. 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

Before 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 over 50 percent 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 due to 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 You Can 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. The types of compensation you can receive include:

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.

What is the Average Settlement for Car Accident Injuries?

The average car accident settlement depends on various factors, including if you have severe injuries or permanent disability. Generally, settlements can range from as low as $10,000 to over $100,000 or even more in certain cases.

Injury settlement amounts range widely by injury as well. Some of the most common high-value car accident cases include injuries such as:

• Serious whiplash
• Slipped or herniated discs
• Neck sprains
• Spinal cord injuries
• Lower back injuries with disability

The average settlement for car accident back and neck injury victims will ultimately depend on how well your personal injury attorney can prove what your losses are and the implications on your future. Verdicts differ greatly based on more than just the extent of your injuries but how whether or not you have an experienced personal injury attorney capable of fighting for fair compensation for you.

Factors That Affect Auto Accident Neck Injury Settlements

Factors that contribute to the average settlement amount include:

• The type of neck injury you have and its impact on your health and wellbeing
• The severity of the injury with more severe injuries leading to a higher settlement
• The implications of those injuries on your ability to work and do the things you enjoy
• The type and amount of medical care you need immediately and into the future
• The kind of pain and suffering you have

How Do I Prove a Neck Injury After a Car Accident?

To get a fair settlement, you must demonstrate your losses to the court and at-fault party. To do this, your car accident lawyer will gather and present crucial evidence supporting your neck injury claims. That may include:

• Medical records
• Expert testimony
• Accident records
• Witness statements
• Expert opinions on the long-term effects

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 include physical aches and pains, mental health effects like anxiety and stress, and post-traumatic stress disorder.

To prove a pain and suffering claim in Michigan, you will be required to prove the following:

• The at-fault driver was negligent.
• The at-fault driver was at least 50 percent responsible for the accident.
• The at-fault driver’s negligence is the cause of your injuries.
• You suffered an impairment due to the accident.
• 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, 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

Can I Receive a Settlement Offer for a Neck Injury Without Surgery?

Not all neck injuries will require surgery. You can certainly receive a settlement for losses you have related to your neck injury, though the settlement value will be lower since the medical costs associated with non-surgical treatment tend to be lower.

Common Types of Non-Surgical Neck Injuries After a Motor Vehicle Accident

You may be able to file a personal injury claim for non-surgical neck injuries such as:

• Lower back pain that contributes to neck misalignment
• Whiplash
• Minor to moderate spine injuries
• Inflammation of the spine or nerves

The severity of your injuries determines the value of your car accident claim. However, even with non-surgical treatment, you may still experience significant loss.

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 hesitate to drive again or be 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.

Recent Neck Injury Settlement Verdicts with Matz Injury Law

Matz Injury Law recently helped recover damages from a difficult accident, resulting in a $475,000 automobile crash settlement. The payout was for a 42-year-old man who suffered a neck injury as a result of an automobile crash in Oakland County.

Another example is a Huron County crash result of a $220,000 settlement on behalf of a 56-year-old man who suffered a neck injury as a result of a motor vehicle crash.

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 lawyers. 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.