Do You Have a Neck Injury from a Car Accident in Florida?

This is the most comprehensive guide to understanding neck injuries in car accidents in Florida.

If you’ve been in a car accident, you may experience neck pain as soon as the accident occurs, or it may take days or even weeks to develop.

Neck injuries caused by car accidents are often more severe than other types of neck injuries. They can lead to permanent, long-term disability and pain if not treated properly.

The Orlando car accident attorneys at Michael Michael T. Gibson, P.A., Auto Justice Attorney, have been helping people with neck injuries in Florida for over 20 years.

We have extensive knowledge on neck injuries caused by car accidents, including:

• What Steps to Take After an Accident;
• Common Types of Neck Injuries;
• Common Symptoms of Neck Injuries;
• Signs Your Neck Injury Might be More Serious;
• When You Should Be Worried;
• How Long Your Neck May Hurt; and
• When You Should Consider Legal Representation.

So if you are ready to learn more about neck injuries in car accidents, you’ve landed on the right page.

What To Do If You Have a Neck Injury from a Car Accident?

When it comes to neck injuries, it’s important to err on the side of caution. Even if your symptoms are mild and you don’t think that they’re serious, it’s essential that you take care of them right away.

Below are the steps that you should take if you have a neck injury after a car accident:

Step 1. See Your Doctor As Soon As Possible

Always seek medical attention as soon as possible after a car accident, especially if you have any type of neck pain. Neck injuries can be serious and require medical intervention to heal properly.

Even if you don’t think that your neck injury is serious, it’s important to get a checkup as some symptoms may not be immediately apparent.

IMPORTANT: Some neck injuries may not seem severe at first, but they can cause long-term pain and disability if not treated. You do not want to take the risk and wait to seek medical help.

Step 2. Keep Track and Document Everything

Documenting your symptoms is essential if you plan to file a claim for compensation. Make sure that you keep all of your medical records, including doctor visits, medications prescribed, and treatments performed.

In the event that the accident was not your fault, you may be eligible to file a personal injury lawsuit. When filing a claim, you will need evidence that the other party was at fault and that their negligence caused your neck injury. The more documentation that you have of your injury, the stronger your case will be.

Step 3. Call a Car Accident Lawyer

When it comes to car accidents and neck pain, you never fully know what you are up against. Medical bills can start to pile up quickly, and the insurance company may be reluctant to provide compensation.

Regardless of the situation, it’s highly recommended that you contact a car accident lawyer who specializes in neck injuries and auto accidents. Any reputable attorney should offer a free consultation to discuss the details of your case and answer any questions that you might have.

You can contact our office by either clicking this link or calling 407-422-4529.

Step 4. File a Personal Injury Claim

Once you have met with a car accident attorney and gathered the necessary evidence, they will work with you to file a personal injury claim.

In most cases, the other party’s insurance company will be liable for damages caused by their client’s negligence. An experienced personal injury lawyer can help ensure that you receive fair compensation for your medical bills, lost wages, and pain and suffering.

The Most Common Neck Injuries After a Car Accident

In the aftermath of a car accident, injuries can manifest even in seemingly minor collisions. Whether it’s a rear-end collision or a side impact, the location of the impact can lead to varying neck injuries.

Cervical Misalignment Strain

The force of a collision can unsettle one or more vertebrae, causing them to slip out of their proper alignment or become dislocated. This resultant injury spans a spectrum from mild to severe. As vertebrae shift, they might compress nerves or the spinal cord, generating pain that radiates to the back of the head or shoulders.

Dislodged or Herniated Disc

Within the cervical spine lie intervertebral discs that possess a gel-like composition, serving as shock absorbers to safeguard the vertebrae. During an accident, these discs can experience slippage, rupturing, herniation, or bulging. Slippage may trigger compression of spinal cord nerves. Conversely, bulging or rupture transpires when the gel-like substance protrudes from the disc, crowding the adjacent vertebrae and compressing nerves. Disc-related injuries commonly induce neck or arm pain and potential numbness, both stemming from the injury itself and the pinching or compression of nerves. This type of injury is often observed in side-impact collisions.

Neck Sprain or Strain

Neck strains and sprains might exhibit akin symptoms, yet they differ in their nature. Strains inflict damage upon the facet joint, tendons, muscle-to-bone connections, or the muscles themselves. On the contrary, sprains involve torn ligaments, the supple connections between bones. Outcomes frequently involve pain upon head or upper neck movement, reduced mobility, and even muscle spasms.

Nerve Compression

Numerous neck injuries have the potential to culminate in a pinched nerve. Displaced tissues, bones, discs, or tendons can encroach upon surrounding nerves, leading to intense pain, tingling, and numbness. Pinched nerves often correlate with muscle strains, sprains, or disc damage.

Rigidity in Muscles and Tendons

Neck pain stemming from a vehicular accident commonly results in neck stiffness, colloquially referred to as a “crick in the neck.” The act of moving one’s head or maintaining a static neck position can be discomforting.

Facet Joint Distress

Facet joints confer the ability to freely maneuver the head and neck region, while also stabilizing this area. After a collision, inflammation or irritation may befall these joints, engendering pain.

Fractures and Compression of the Neck

A fractured cervical spine, or a broken neck, constitutes a grave injury necessitating immediate medical intervention. A neck fracture entails the breaking or cracking of one or more of the seven neck bones. Such injuries can extend harm to the spinal cord nerves, potentially leading to spinal cord damage. Paralysis or fatality might ensue from a broken neck.

Incisions and Gashes

Debris generated by a vehicular accident might incise the neck area. Surface-level cuts might induce bruising and bleeding. Conversely, lacerations are deep gashes that may require sutures and can potentially impair neck tendons and ligaments.

Muscular Spasms

Spasms are commonplace symptoms of neck injuries sustained in car accidents. Twinges might also manifest in the shoulders, back, and arms. Often, these cramps stem from tense or overextended muscles. Consequently, swelling and inflammation may arise, affecting nerves situated around the affected muscle. In an effort to safeguard injured muscles, the body contracts and immobilizes the area. Muscles might alternate between tightening and loosening in rapid succession, instigating significant discomfort. Given that inflammation requires time to develop, neck pain that arises belatedly following a car accident frequently involves spasms.

Common Car Accident Neck Injury Symptoms

Following a car accident, the symptoms of neck injuries can vary widely. It is imperative to seek immediate medical attention if you experience any of the following types of neck discomfort in the aftermath of a collision:

Shooting Neck Pain: Sudden, sharp pain shooting through your neck can indicate underlying issues that need immediate assessment.

Dull Neck Pain: Persistent, achy pain in your neck might signify hidden injuries that warrant professional examination.

Tingling Sensation in Neck: Experiencing a tingling or pins-and-needles sensation in your neck could point to nerve involvement that necessitates medical evaluation.

Pain during Head Movement: If pain emerges when you try to lift your head or turn your neck, it’s essential to have it examined to identify potential sources of injury.

Delayed Neck Pain: Sometimes, neck pain might not surface immediately after the accident. If you encounter neck pain hours or even days later, it’s advisable to have it checked out to ensure there’s no underlying damage.

Loss of Mobility or Limited Range of Motion: If you find your neck movement restricted or experience difficulty turning your head, it’s a sign that your neck might have suffered trauma that merits professional attention.

It is crucial to take your neck pain symptoms seriously. Your symptoms might indicate a significant injury that needs medical attention, and in some cases, surgery may be necessary. Seeking prompt medical evaluation can greatly contribute to your recovery and overall well-being.

Signs Your Neck Injury May Be Serious

In some cases, neck pain stemming from a car accident might signify severe underlying damage. The best way to know if you are dealing with a serious neck injury is to have a doctor examine and assess your condition.

When it comes to neck injuries from car accidents, you need to be especially vigilant in seeking medical help if you experience any of the following symptoms:

• Loss of consciousness, even briefly
• Difficulty breathing or swallowing
• Numbness throughout your arm, back, chest, or legs
• Severe neck pain and stiffness that locks your neck into one position
• Inability to move arms or legs

Experienced doctors and surgeons may run a range of tests, including:

• X-Rays: to help detect fractures and bone injuries, such as bone spurs that may be compressing the spinal cord or nerves in the neck, and contributing to neck pain.
• Computed tomography (CT) Scans: to create 3D images to help visualize the internal structures of your neck, such as soft tissues and nerves.
• Magnetic Resonance Imaging (MRI): to provide detailed images of even the smallest nerves and tissues in your neck.
• Elctromyography (EMG): to measure the electrical activity in your neck muscles and nerves.
• Blood Tests: to check for inflammation and infection that may be associated with neck injuries.

If a serious neck injury is identified, you will likely need to undergo physical therapy or surgery to help restore your range of motion and function. Depending upon the severity of the injury, costs for the needed treatments can be extensive.

IMPORTANT: Insurance companies are known to downplay neck injuries in order to reduce or deny claims. This money is necessary to cover the costs of medical treatment, physical therapy, and lost wages.

If you have sustained a neck injury in an auto collision, it is essential to contact an experienced car accident attorney to both protect your rights and help you obtain the compensation you deserve.

Don’t Self-Diagnose Your Neck Injury

It is important to note that neck injuries are not always immediately apparent following a collision. Even if you feel fine after an accident, it’s always advisable to see a doctor afterwards.

The full extent of a neck injury will not always be apparent in the moments following an accident. For instance, damage to soft tissues, such as ligaments and muscles, or damage to cervical discs might take days or weeks to manifest.

In short, it is best practice to refrain from all attempts at self-diagnosis after a car accident. An experienced healthcare professional should assess and diagnose any neck injury that you may have sustained.

The severity of a neck injury is determined by the type, location, and amount of damage sustained during an accident. Other factors such as age, health condition, and pre-existing conditions can also impact how long your neck pain will last.

Some neck pain from a car accident may not be immediate. When you experience an accident, your body may be in a state of “fight or flight” and overwhelmed with adrenaline, which may temporarily mask the pain.

If your neck pain gets worse or has not gone away after a few weeks, it is best to visit your doctor for a professional assessment. It may be an indication of underlying damage that needs to be addressed and treated promptly.

How Insurance Companies Defend Neck Injury Claims

Insurance companies make billions of dollars in profit by taking more in premiums then then they pay out in claims. Thus, it is common to see big insurance companies defending car accident-related neck injury claims. There are a number of tactics used by the insurance company to defend these claims.

Delay a Claim

First, the insurance company will often delay a claim by asking the injury victim to produce records of their entire medical history, or asking them to sign a release allowing them to obtain all of their past medical records. The Insurance Company does this in attempt to look for a prior injury or condition that could have caused the injury other than the accident at issue. If they find a prior neck injury, they will usually vigorously argue that the accident is not the cause of the injury.

Challenge That the Neck Injury was a Previous Condition

Next, I have seen insurance carriers take the position that anyone over the age of ten has a natural degeneration occurring in their neck and spine. They will then hire a few select experts in the field of radiology to re-read and interpret the accident victim’s MRI scans. These experts are paid millions of dollars by insurance companies annually, and almost always, they will opine that a neck injury is pre-existing or not related to the accident.

Attempt to Pay a Lower Settlement Despite the Cost of Medical Bills

And lastly, even if the insurance company concedes the neck injury is accident-related, they will then argue that the victim could have obtained their treatment at a cheaper cost, and thus, they attempt to pay you less than the true cost of your medical bills.

Unmasking Insurance Strategies: Navigating Auto Accident Claims

At our firm, we have seen and dealt with all of these insurance company tactics. From presuit negotiations, all the way through trial, we have seen these methods used by insurance companies across the country, and we know how to fight back. We have cross examined and deposed most of the leading experts that testify for insurance companies, and often, we know what they are going to say before they say it.

Unfortunately, Florida law provides a great degree of latitude in denying and defending auto accident claims. It is therefore imperative that you hire a lawyer experienced with these tricks and tactics.

We recommend obtaining counsel early in these cases.

This helps in making sure the insurance companies do not overreach in their requests to you, and in making sure that all evidence in support of claim is presented in the proper manner.

You can contact our office by either clicking this link or calling 407-422-4529.

Do You Have a Legal Claim?

If you were injured in an accident that was caused by another’s negligence or reckless behavior, you have the right to pursue a legal claim.

It is important to act quickly. The further from the date of the accident, the more difficult it may be to prove your claim and receive compensation for damages.

How to File a Neck Injury Claim

Technically, the law does not require you to have an attorney to file a neck injury claim after being involved in an accident. However, research from the Insurance Research Council indicates that victims represented by an experienced lawyer typically receive greater compensation than those who do not.

Insurance companies are a for-profit business, and they are often willing to settle a case for less than its actual value. When you hire a lawyer to handle your neck injury claim, you are evening the playing field.

A lawyer will have the resources and knowledge to accurately assess the value of your claim, build a persuasive case, negotiate with insurance companies on your behalf, and protect your legal rights.

You can contact our office by either clicking this link or calling 407-422-4529.

Should You File a Lawsuit

The decision to file a lawsuit is ultimately up to you. It is important to consider the potential costs and risks associated with filing a lawsuit before making this decision.

Speaking with an attorney is advisable before deciding whether or not to file a lawsuit. A good lawyer won’t push you to do something you’re not comfortable with. They will help you understand the risks involved, as well as the potential outcomes of pursuing a lawsuit.

When speaking with different lawyers, be sure to ask questions about the costs associated with filing a lawsuit, as well as their experience and success rate.

What Damages Could You Recover

Damages are awarded in a lawsuit with the intention of making you “whole” again. Depending on your particular case, you may be entitled to receive compensation for:

• Medical expenses
• Pain and suffering
• Lost wages
• Loss of earning capacity
• Property loss and damage
• Emotional distress and trauma
• Punitive damages

The amount of compensation you are eligible to receive will depend upon the unique circumstances of your case.

Speak with One of Our Experienced Attorneys

If you have sustained a neck injury in a car accident, it is important to understand your rights and options.

The Orlando car accident attorneys at Michael T. Gibson, P.A., Auto Justice Attorney, have been helping people with neck injuries in Florida for over 20 years. We treat each and every one of our clients like family. And we take care of family.

We take great pride in the people we choose to represent.

Are you in need of legal assistance? Contact us to schedule your free consultation today.