An injury to the neck is one of the most common sustained by victims involved in a vehicle accident. Neck injuries in car accidents can range in severity, from whiplash to breaks in vertebrae. Regardless of the type, all neck injuries are painful and require recovery efforts by victims. If your neck injury was caused by a negligent driver, you may have legal recourse to receive compensation for your injuries. Miami car accident attorney Robert Dixon of the Law Offices of Robert Dixon helps those injured in a serious collision pursue legal action against the parties responsible for their harm. Our firm works with clients throughout Miami-Dade, Broward, and Palm Beach Counties, as well as elsewhere in South Florida, to ensure they receive comprehensive legal representation while victims focus on healing. If you have questions regarding your legal options in the aftermath of a car accident, contact the Law Offices of Robert Dixon to schedule a free consultation.
Types and Causes of Neck Injuries in Car Accidents
Nationwide each year, over three million neck injuries caused by car accidents are reported, with over half of those injuries leaving victims with symptoms lasting six months or more. Some of these car accident injuries result in lifelong chronic pain, interfering with many sufferers’ ability to work or participate in activities as they once did. An automobile accident can lead to different types of neck injuries for those involved. Since a person’s neck is an intricate system of bones, tissue, blood vessels, and other parts connecting the brain to the rest of his or her body through a spinal column, the potential of harming one, or more, of these parts, is great given the impact of an automobile accident. Rear-end collisions are especially notorious for causing neck injuries, due to a victim’s head often being jolted forward from the force of the car hitting the vehicle from behind.
Whiplash is the most common neck injury sustained in a car accident, which involves injury to a neck’s ligaments and tendons. However, other serious injuries such as broken bones in and around the neck, as well as shifting of a victim’s spine leading to bulging or herniated discs can occur as well. These injuries, especially neck sprains or strains, are not always symptomatic right away, and may develop later. Common signs that a neck injury has occurred include: neck stiffness or change in ranges of motion; pain; headaches, back or shoulder spasms; and numbness. Immediately following a collision, it is vital to seek prompt medical attention so that any underlying neck injuries can be identified and treated.
Although some people may consider it minor, whiplash not only is extremely painful but also can significantly interfere with a victim’s daily life, as well as sometimes leading to more permanent impairments. Additionally, symptoms of whiplash may not be apparent right away. They can take days to manifest, whereby treatment is delayed.
Whiplash Injuries from Car Accidents
Whiplash occurs when a fast and powerful motion causes a victim’s neck to shift quickly front and back. The motion results in straining the neck’s ligaments and tendons. Symptoms of whiplash may occur hours, or even days, following an accident, making treatment and diagnosis sometimes difficult. Common symptoms of whiplash include:
- Severe pain in the neck, shoulders, or back
- Limited range of motion
- Tightness in the neck muscles
- Vision or hearing issues
- Tenderness or stiffness when turning the head
- Headaches, which start at the base of the skull and radiate to the forehead
The most common types of accidents that cause whiplash and other neck injuries are rear-end collisions. Some victims may be affected more than others by a whiplash injury. Elderly victims and children may experience longer recovery periods. Other, more severe injuries, such as muscle strains and nerve damage, can result from whiplash, or be accompanied by other serious head or spinal cord injuries.
Responsibility for Whiplash in Car Accident Cases
Most car accidents result from a driver’s negligent acts. Victims who suffer whiplash, or other injuries, in a car accident can file a personal injury case against the responsible driver. Liability exists when a driver has breached his or her duty to act as a reasonable and prudent person would act under similar circumstances, causing the victim’s whiplash and resulting in damages. For example, a driver who is tailgating another car, leading to a rear-end collision and the front driver’s whiplash, can be held accountable for the harm caused. Because of the potential for delayed symptoms of whiplash, a defense attorney might argue that a victim’s injury was not due to the collision. This is why it is important to seek medical attention as soon as possible following a serious accident so that diagnosis and treatment can be promptly provided.
Even if a victim is partially at fault for causing his or her own whiplash injury, other at-fault parties can be held accountable as well. Under Florida’s pure comparative fault scheme of determining liability, damages are awarded in proportion to each party’s degree of fault. For example, victims who are 35 percent at fault may still receive 65 percent of their total damages from another negligent party. Damages available to victims of whiplash in car accident cases may include medical expenses related to doctor or hospital visits, as well as follow-up treatment, time missed from work, and other costs that arise out of a whiplash injury.
Legal Action for Neck Injury Victims
Most car accidents are caused by a driver’s negligence, which is especially true for those that cause neck injuries by hitting another motorist from behind due to tailgating, speeding, or another careless maneuver. Personal injury claims based on negligence require a showing that the defendant has breached his or her duty to act as a reasonable and prudent person would under the same or similar circumstances, causing the victim’s neck injury and resulting in damages. An experienced accident lawyer can help you demonstrate the extent of your losses. Neck injuries can require multiple trips to the doctor, rehabilitative efforts, surgery, and may even result in permanent impairment. Victims injured by another’s negligence may be entitled to damages in the form of medical costs, lost income, diminished earning capacity, or compensation for pain and suffering.
