Suffered a neck injury in Texas? Our lawyer can help you claim justice.
Have you suffered a neck injury due to an accident in Texas? Coping with mounting medical bills, loss of income, and prolonged pain can be overwhelming. In these trying times, let a Texas Neck Injury Lawyer guide you through the complex legal terrain.
This article provides comprehensive information about neck injuries in Texas, the consequences of such injuries, and how victims can rely on a Texas neck injury lawyer for legal support.
- Suffering a neck injury due to an accident can be overwhelming.
- Neck injuries can range from mild to severe, and prompt medical assistance is crucial.
- Legal help is needed to navigate the complex terrain of personal injury law and handle insurance issues.
- If negligence has caused your neck injuries, you could hold all parties responsible through legal means.
- Compensation can be claimed for special and general compensatory damages, wrongful death damages, and punitive damages.
- Local Texas Neck Injury lawyers can provide valuable assistance by deeply understanding Texas laws, having experience with local courts, and allowing victims to focus on recovery.
Are you in need of a capable Texas Neck injury attorney? At Scott M. Brown & Associates, we have all you need. Our experienced lawyers will provide the support needed to handle insurance complexities, allowing you to concentrate on what truly matters – your recovery.
The pursuit of justice doesn’t have to be stressful. A helping hand from an established Texas Neck Injury Lawyer can make the process smoother. Call us now or fill out our online contact for consultation.
What is a Neck Injury?
A neck injury in Texas refers to any damage or harm sustained to the neck region, including the bones, muscles, ligaments, tendons, and nerves, resulting from accidents, trauma, or even overuse. Texas law does not specifically define “neck injury”; instead, neck injuries fall under personal injury law in the state, which covers damages caused by someone else’s negligence, carelessness, or wrongful conduct.
Common Types of Neck Injuries
Normal daily activities and high-impact accidents can cause neck injury. Some cause temporary discomfort, while others cause chronic pain or incapacity. Neck injuries frequently involve muscles, ligaments, tendons, discs, nerves, and bones. We discuss five frequent neck injuries: whiplash, disc injury or slipped disc, fracture, sprain, and cervical or vertebral dislocation.
Whiplash is often caused by rear-end car collisions, resulting from a swift back-and-forth movement of the neck. It usually causes neck pain, stiffness, and headaches.
Disc Injury or Slipped Disc
Also known as a herniated disc, this condition happens when the inner part of one of the spinal discs leaks out. It can lead to sharp neck pains, muscle weakness, and potentially impaired motor skills.
Fractures involve a break in one or more of the neck’s vertebrae, typically due to high-energy trauma like car crashes or falls. This severe injury can lead to spinal cord damage, necessitating immediate medical attention.
A sprain occurs due to a tear or stretch in the neck ligaments, often from the abrupt wrenching of the head. It typically results in pain and stiffness in the neck region, along with possible headaches, dizziness, and nausea.
Cervical or Vertebral Dislocation
This severe injury happens when one of the cervical vertebrae is displaced, potentially destabilizing the spine and damaging the spinal cord. Symptoms generally include pain and potentially numbness or weakness in the limbs.
Symptoms of a Neck Injury
The symptoms of a neck injury can vary widely based on the severity and nature of the damage. Common symptoms may include:
- Neck Pain: This is typically the most apparent symptom of a neck injury. The pain may worsen with movement and mainly concentrate in the back of the neck.
- Physical Strain: Physical exertion or activities that strain the neck, such as poor posture, can lead to neck pain over time.
- Delayed Onset Pain: In some cases, the pain might not be immediately apparent following an injury. According to the American Academy of Orthopedic Surgeons (AAOS), delayed onset neck pain is possible.
- Numbness or Tingling: These symptoms may be experienced alongside neck pain in some cases, possibly indicative of more serious issues like nerve involvement.
- Muscle Weakness: Sudden severe neck pain associated with muscle weakness could be a sign of a traumatic injury, and immediate medical attention is required.
Sometimes, neck pain could manifest due to conditions like cervical spondylosis, where age-related wear and tear contribute to the pain. Regardless of the cause and symptoms, it is crucial to seek medical attention if any neck pain is experienced after a fall, accident, or any other potential trauma.
Diagnosis of Neck Injuries
Your doctor will ask about your symptoms and perform a physical exam for neck pain. Tenderness, head movement, reflexes, and hand strength may be examined during this assessment.
Sometimes, if your doctor needs more detailed information, they might order imaging tests. These can include:
- X-rays: These can reveal areas in your neck where your nerves or spinal cord might be pinched by bone spurs or other degenerative changes.
- CT scans: These tests provide more detailed images of your neck, which can help diagnose more complex cases.
- MRI: It uses a large magnetic field and radio waves to produce detailed, cross-sectional images of the body. This test can help identify soft-tissue problems, such as spinal cord or nerve damage.
Sometimes, nerve tests like Electromyography (EMG) or a nerve conduction study might be done. These tests measure the electrical activity in your nerves and muscles and can help determine if your neck pain is related to nerve damage.
Treatment of Neck Injuries
The treatment of neck injuries depends on what’s causing it. Here are some common treatments:
- Pain relievers: Over-the-counter or prescription medications can help manage the pain associated with your neck injury.
- Physical therapy: A physical therapist can teach you correct posture, alignment, and neck-strengthening exercises that can help with the pain.
- Heat or Ice: Applying heat or cold to the area of the neck injury can help relieve the pain and swelling.
- Exercise: Regular exercise can help to strengthen the muscles, increase flexibility and reduce pain.
- Surgery: In severe cases, you might need surgery. This is usually only considered if you’re experiencing intense pain that doesn’t improve with other treatments.
Remember, you must see your doctor if you are experiencing neck pain, especially after an injury. The sooner you get diagnosed and start the treatment, the sooner you’ll start feeling better!
Risk Factors for Neck Injuries
A number of factors can cause neck injury. Understanding these dangers can help prevent and identify them. Important risk factors:
- Age: Neck pain usually occurs in 30-50-year-olds. Natural wear and tear raises neck injury risk with age.
- Genetics: A family history of spinal injury or related diseases can predispose an individual to neck injuries. Certain genetic conditions can affect the strength and resilience of the spine and neck muscles.
- Body Composition: Body Rapid weight changes, especially weight gain, can stress neck muscles and ligaments, increasing injury risk.
- Sex: Since women account for most neck pain and related problem visits, femininity may be a risk factor. The causes are unknown, but gender differences in hormones, physical shape, and pain perception may be involved.
What Causes the Majority of Neck Injuries?
Neck injuries frequently occur due to negligent and reckless behavior, regardless of whether the actions were deliberate or accidental. Typically, such injuries could be attributed to several incidents, including:
- Fall Accidents
- Motor Vehicle Accidents
- Work Accidents
- Other miscellaneous incidents
Let’s examine these causes in more detail, highlighting the role of negligence.
Fall Accidents Leading to Neck Injuries
Falls cause approximately two-thirds of neck injuries attributed to traumatic events (source: NCBI). These can occur both at ground level and from higher elevations. The most susceptible groups to severe, and potentially fatal, neck injuries from falls are young children and the elderly.
Neck Injuries Resulting from Motor Vehicle Accidents
Traffic incidents, such as car crashes, truck accidents, and motorcycle collisions, are the second leading cause of trauma-induced neck injuries (source: NCBI). With vehicle-related accidents:
- Minor neck injuries, like whiplash, can have long-term consequences.
- Serious neck injuries aren’t exclusive to high-impact accidents; low-speed collisions can also result in enduring neck injuries.
- Symptoms of neck injuries might not be immediately apparent, and the initial shock of an accident can mask some symptoms.
Work-related Neck Injuries
Work incidents constitute another primary cause of neck injuries. In addition to falls and vehicle accidents, occupational incidents leading to neck injuries often involve:
- Machinery malfunctions
- Crushing incidents
- Accidents involving being caught in-between objects
- Struck-by incidents
Work-related trauma can also evolve from repetitive stress injuries, caused by persistent neck strain damaging the neck’s nerves, muscles, tendons, or bones.
Other Causes of Neck Injuries
Other factors contributing to severe neck injuries include:
- Accidents occurring on hazardous properties
- Events triggered by equipment failure or defective products
- Criminal or violent assaults
- Sports accidents
- Other negligence-related events
Who Can I Sue Over a Neck Injury?
If negligence caused your neck injuries, you could legally hold all parties responsible. However, whether you have a viable claim depends on several criteria, such as:
- The Statute of Limitations: Different states have specific time frames within which you can file a neck injury lawsuit. After this period, you may lose the legal right to sue.
- Liability: Identifying who’s at fault for the incident causing the injury is key. If the injured party shares liability, another party must have the primary liability to sue. Determining liability can be complicated, and it’s not uncommon for victims to be wrongly blamed for their injuries.
- Evidence: Substantial proof to establish fault and damages related to the neck injury is crucial to sue. Lack of evidence can make filing a lawsuit challenging, and it’s common for liable parties to eliminate critical evidence when anticipating a lawsuit.
It’s advisable to involve a lawyer who can independently verify these factors.
What Kind Of Compensation Is Available?
Personal injury claims involve diverse damages that can be pursued due to their complex nature. Typically, these damages could be classified into the following categories:
Special Compensatory Damages
Special compensatory damages are financial compensations made to the victim to cover specific losses directly linked to the injury. These are quantifiable, out-of-pocket expenses, monetary in nature, and have direct economic impact:
- Medical Expenses: These include the costs incurred for immediate medical aid, hospital stays, surgeries, medication, physical therapy, and ongoing medical care.
- Property Damages: If the incident leading to the injury resulted in any damage to the victim’s personal property (like a vehicle, for instance), the cost of repair or replacement is accounted for under property damages.
- Loss of Wages: This type of damage compensates for the earnings lost by the victim because of the inability to work due to the injury. It can also consider projected earnings if the injury impacts future work capabilities.
General Compensatory Damages
General compensatory damages are designed to compensate for non-monetary damages. These are often intangible and subjective:
- Pain and Suffering: This covers the physical discomfort and distress caused by an injury. It accounts for the physical pain and emotional stress caused by physical discomfort and recovery procedures.
- Mental Anguish: Victims of accidents can suffer from psychological effects like depression, anxiety, or PTSD. Mental anguish aims to offer compensation for these emotional traumas.
- Physical Disfigurement or Impairment: If the injury leads to permanent, noticeable alterations to the body or reduced physical capacity, victims can be compensated for these changes’ psychological and lifestyle implications.
These are not directly linked to the loss suffered by the family but are intended to penalize wrongdoers for particularly negligent or reckless behavior. The intent is to deter such actions in the future.
Duration for Filing a Neck Injury Lawsuit in Texas
Texas personal injury rules limit the time you have to sue the party responsible for an accident and injuries. The Texas State Legislature’s statute of limitations states that lawsuits filed after this date forfeit future claims.
Two-Year Statute of Limitations in Texas for Personal Injury
Texas’ statute of limitations gives you two years from the date of an accident to sue for car accidents, work-related injuries, or premises violations. You must do so within this timeframe or you cannot pursue any additional claims for injuries and damages from that incident. This regulation applies to motor vehicle accidents, 18-wheeler accidents, and work-related injuries under Texas Civil Practice & Remedies Code section 16.003.
The Workers’ Compensation Act protects your rights in workers’ compensation situations. A workers’ compensation attorney should be consulted quickly following an occurrence.
Although you have two years after an incident to sue and safeguard your rights, procrastination is not advised. Remember, time matters. File your claim quickly to avoid the statute of limitations.
Are there Exemptions to the Two-Year Limitations Rule?
The two-year requirement for an injured party may be delayed under certain instances. Although rare in automobile accident and work-related injury cases, this is usually reserved for minors or non-visible injuries.
Why Do I Need a Texas Neck Injury Lawyer?
Successfully litigating a neck injury case in Texas requires the skills of a lawyer who is knowledgeable in injury law, familiar with local courts, and committed to your recovery. Here’s why:
Deep Understanding of the Law
A good lawyer thoroughly understands Texas injury law and can navigate through its complexities to build strong cases. An experienced neck injury lawyer can:
- Identify relevant laws and case precedents that inform your case.
- Understand the procedures and timelines necessary to file injury claims in Texas.
- Recognize the various compensation options available for neck injury victims.
Experience with Local Courts
Local experience provides a significant edge in court proceedings. A Texas neck injury lawyer can offer:
- Familiarity with the local justice system and legal procedures.
- Relationships with local courts, judges, and opposing attorneys, which can help in negotiating fair settlements.
- An understanding of local juries and what strategies may work best.
Focus on Your Recovery
A neck injury lawyer prioritizes your recuperation by managing the legal stress so you can focus on healing. A good lawyer would:
- Handle communication and negotiation with insurance companies.
- Take care of all paperwork and legal requirements.
- Advocate for your rightful compensation, allowing you to concentrate on recovery.
How Our Law Firm Brings These Qualities Into Play
Our law firm combines skilled legal representation with compassionate client service:
- Our attorneys stay updated with the latest developments in Texas injury law.
- We are experienced in dealing with local courts and understand their intricacies.
- We prioritize your recovery, handling all facets of your case while you focus on healing.
Our attorneys stand ready to provide the guidance and support you need. Don’t let a neck injury overwhelm you. Contact us today to take the first step in securing your rightful compensation.
Take charge of your situation. Reach out to our law firm now by calling us or submitting a form. Let’s discuss your case over a consultation.
Call our Texas Neck Injury Lawyer Now!
Dealing with a neck injury can be a challenging and overwhelming experience. The trauma, coupled with dealing with insurance companies and medical expenses, can be emotionally and financially draining. Our Texas neck injury lawyers are equipped with extensive knowledge and experience in injury law, and are committed to helping you through this arduous journey.
Moreover, we recognize that your case is unique and may be intertwined with other areas. That’s why we also extend our services to include:
Your healing and recovery are of utmost importance. Let us take away the additional stress of legal proceedings, allowing you to focus on your recuperation while we fight for what you rightfully deserve.
Start taking control of your situation. Make your next step a call to our Texas neck injury lawyer now!