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Never Hurry to Settle a Neck Injury Claim

You should wait until you reach the highest level of medical improvement and give it a few weeks to see how you feel.


San Diego, CA – Neck injuries are one of the most common types of injuries in a car accident, especially in rear-end collisions. In a high-speed collision, the rapid movement back and forth of the head can cause damage to various parts of the neck – ligaments, tendons, muscles or vertebrae. If you are lucky, you may escape with a strained muscle, but severe damage to the spine can result in partial or total paralysis.

Neck injuries often require many tests (X-rays, MRIs, CT-Scans, etc.) to find the exact problem, depending on which you may need not only bed rest but also medical treatment. physical therapy, rehabilitation programs, or surgery. All of this is very expensive and accident victims are under a lot of pressure to find a way to pay their mounting debts. Accepting a quick settlement from an insurance company may seem like the right solution, but it can be a mistake with dire financial consequences. Before you think about accepting a solution, talk to a good one San Diego neck injury attorney to understand the value of your claim and what is at stake.

Why do lawyers insist on reaching a high point of medical innovation?

First of all, what is this highest point of medical innovation? In fact, it’s time for your doctors to tell you that this is fine as it is. Perhaps after months of treatment, the doctors reach a point where there is nothing they can do – either you are completely cured or you will be left with many symptoms or disabilities that will haunt you for the rest of your life.

That’s when you should think about solving the problem because then you know where you stand.

Let’s consider, for example, a non-life-threatening injury like a herniated disc. Your doctors will prescribe pain medication, cortisone injections, neuropathic drugs, and even opioids. They may also recommend physical therapy and will assure you that you will be back on your feet in six weeks, two months at most. If you take them at their word and accept payment based on your current medical expenses, what if at the end of two months you are still in excruciating pain and unable to move? At this time, doctors may tell you that the only solution is surgery to remove the protruding part of the disc and the bone. It sounds scary, but the debt will be even scarier, and who will pay for it? Not the insurance company as you have already completed the claim.

This is why you should wait until you reach the highest level of medical improvement and give it a few more weeks to see how you feel.

What kind of damages can you claim for a neck injury?

A massage therapist treating a woman's injured neck;  photo by Karolina Grabowska, via Pexels.com.
A massage therapist treating a woman’s injured neck; photo by Karolina Grabowska, via Pexels.com.

With a bad accident, you have to start worrying about medical expenses, which fall under economic damage. Yours California personal injury lawyers it will keep track of all your hospital bills, as well as the cost of your medications, home care, and home modifications if needed.

Lost earnings also fall under economic damages, but you’ll also have to think about the future, not just the money you lost until you make your claim. You may need more time at work or, in severe cases, you may not be able to return to work at all. Your attorney will calculate the value of your lost wages and include that amount in your claim.

When you sustain a serious injury that causes extensive pain and disability, you have the right to seek non-economic damages as well. You’ll need some takeaways lawyers putting a price on something invisible like physical pain and mental suffering, for which you cannot produce any debts.

Remember that, in California, there is no coverage for non-economic damages caused by car, truck, motorcycle or boating accidents. The only exception is personal injury claims related to medical malpractice. In such cases, the non-economic costs are up to $250,000.

Bottom line, if you have an experienced personal injury attorney, they can get you a lot of money at a non-economic cost. If you don’t, you may be surprised to hear the insurance agent say your pain is not worth several thousand dollars or accuse you of cheating.

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