Neck Injury

Neck Injury Attorney in San Diego, CA

California Neck Injury Lawyer

People rarely consider their neck until something is wrong and causing them discomfort. Then you realize how much a neck injury can disrupt your daily life.

Injuries to the neck can be extremely serious and have repercussions that last for a long time. Trauma to the structures of the neck muscles and the top of the spine can cause these conditions. When you suffer a neck injury caused by someone else’s fault, you may be entitled to file a personal injury case against the at-fault party. 

Personal injury claims are complicated, and you need legal assistance to navigate this process smoothly. An experienced neck injury attorney in San Diego, CA can help you understand the project and explore your legal options. To get started, do not hesitate to contact us today!

Why do I need a Neck Injury Lawyer in California?

When you have seriously suffered from a neck accident, you deserve a legal advocate who will fight for your rights and seek the necessary compensation. Unfortunately, many personal injury victims face unfriendly insurance companies that blame them and undervalue their claims.

At Benner Law Firm, we believe everyone deserves quality representation, especially when they have been injured due to another person’s negligence. Our years of experience and dedication to compassionate representation have resulted in many stories of success and satisfaction. If you decide to work with us, we will put our years of experience and outstanding reputation to work to

  • Provide sound and strategic legal advice 
  • Determine responsible parties for your neck injury
  • Investigate your accident and consult with experts to determine the cause and liability
  • Determine an accurate value for your losses
  • Defend you against attempts to blame you for your accident
  • Negotiate on your behalf with the insurance company
  • Present a compelling case to a jury if we are unable to reach a fair settlement agreement

You do not have to go through this alone. We are by your side and will always act in your best interests. Call our San Diego, California law office today and schedule a free strategy session with a seasoned San Diego neck injury attorney dedicated to assisting you.

What is a Neck Injury?

The neck comprises vertebrae (cervical spine bones and joints), shock-absorbing discs that separate the vertebrae, and the muscles and ligaments that hold the cervical spine together. Injury in these areas can be excruciatingly painful and fatal in the most unfortunate situations.

Causes of Neck Injury

neck injury attorney san diego ca

Accidents caused by someone else’s negligence or carelessness are the most common cause of neck injuries. The following are some of the most common types of accidents that result in serious neck injuries:

  • Car accident: Almost any type of car accident can result in serious neck injuries. Minor neck strains, severe whiplash, and fractured cervical vertebrae are all possible injuries.
  • Truck accident: In collisions with fully-loaded 80,000-pound 18-wheelers and other large and heavy commercial trucks, passenger vehicle occupants frequently suffer serious, catastrophic, or fatal injuries. The impact of such a collision, depending on the circumstances, could result in cervical spinal cord damage and paralysis.
  • Motorcycle accident: Motorcycle riders are not protected by an enclosed vehicle. When a motorcycle comes to a sudden stop in a collision, the rider may be thrown off, suffering serious injuries to the head, neck, and other parts of the body.
  • Pedestrian accident: Pedestrians have no protection when hit by a car. The force of impact can propel a pedestrian a long distance before slamming into the pavement or a stationary object. This can result in neck injury.
  • Slip and fall accident: If a person slips and falls on a slick surface or trips over an obstacle and falls face first, they are likely to sustain neck injuries and other serious injuries.
  • Workplace accidents. Workplace overexertion is another common cause of neck injuries. These injuries occur when a person attempts to lift, push, or pull something heavy. This can result in severe neck strains and sprains that can take a long time to heal.

If you have been involved in any of these accidents before experiencing any neck pain or injury, you should contact a San Diego personal injury attorney right away.

Get Effective Legal Representation Today

Different Types of Serious Neck Injuries

The neck is a complex structure composed of bones, discs, ligaments, and tendons. As a result, there are numerous things that can go wrong, as well as multiple types of injuries that can occur. The following are some of the most common neck injuries seen following an accident.

  • Whiplash: This is the most common type of neck injury, and it occurs when the neck snaps back and forth rapidly. Whiplash is excruciatingly painful and damages the soft tissues of the neck, including the muscles, ligaments, and nerves.
  • Sprains and strains: The delicate tissues in the neck are easily sprained or strained. This injury is commonly caused by twisting the neck and head into an unnatural position.
  • Herniated disc: While most discs in the vertebrae are found in the back, the spine also travels up the back of the neck and contains discs. When one of these discs ruptures, the soft jelly-like interior pushes through the hard outer layer. This can cause excruciating pain, especially if the interior pushes on an adjacent nerve root.
  • Neck fracture: This is also known as a broken neck and is frequently caused by high-impact trauma, such as an auto accident. These are the most severe neck injuries and can result in paralysis from the neck down.
  • Cervical dislocation: This injury occurs when tremendous pressure is applied to the neck. The spinal cord dislocates from the brain or skull when the pressure is high enough. These injuries are almost always fatal.
  • Cervical spine injuries: The cervical spine is located in the neck at the top of the spinal column. They frequently lead to paralysis on one or both sides of the body.

Chronic neck pain: Chronic neck pain is a prevalent type of injury that various factors can cause. Chronic neck pain can be caused by conditions such as degenerative disc disease, as well as certain accidents that result in whiplash, herniated discs, pinched nerves, and other injuries.

What are Some Symptoms of Neck Injuries?

Symptoms of a neck injury may appear immediately following an accident or may take several days to manifest. Because of the critical functions of the neck, if you notice any of the following symptoms following an accident, you should see a doctor right away:

  • Neck stiffness, tightness, or muscular spasms
  • Headache, jaw, shoulder, neck, upper back, or upper arm pain
  • Pain that intensifies with exercise
  • Headache that worsens while the head is held still
  • Having trouble moving the head or neck
  • Problems in lifting or moving goods
  • The sensation of grinding when moving the head or neck
  • Weakness, numbness, tingling, or weakness
  • Sensation loss in the arms, hands, and fingers
  • Abnormal lumps or abnormalities at the site of the injury
  • Neck region swelling, bruising, or irritation

All of these symptoms indicate that something serious is wrong with the neck. They are not to be taken lightly. It is critical to seek medical attention immediately if the symptoms are severe, persist for several days without relief, or the pain begins to radiate down the arms and legs. 

Seeking legal help from a qualified neck injury attorney in San Diego, CA, is also a wise decision, especially if you believe that someone else is responsible for your neck injury. 

What Should I Do If I Feel Neck Pain After An Accident?

You should seek medical attention as soon as possible after the accident. Even if you do not believe the pain is severe, you should seek the advice of a medical professional. 

For starters, more severe neck injuries (such as whiplash or nerve damage) are known to have delayed onset symptoms. Even if the pain is minor at the time, failing to visit an emergency room right away can have serious long-term consequences. 

Second, having documentation of your injury claim will allow your San Diego neck injury lawyer to argue for maximum compensation. Your doctor will document and keep a record of your injury for use in your case.

Do I Have a San Diego Personal Injury Case?

If any of the following apply to your situation in California, you may have a claim for a personal injury lawsuit:

  • You were hurt because someone else was negligent
  • A dangerous or defective product caused your injury
  • You were injured while lawfully on the property of another
  • A medical professional made an error
  • You were injured on the job
  • You were intentionally harmed

There are numerous factors that can come into play. Did you play a role in your injury? If so, how much is it? Did someone else have a legal obligation to keep you safe or to act in a certain way?

Personal injury cases are difficult to navigate. However, if you suspect that your neck injury was caused by someone else’s negligence, you should contact a reputable neck injury attorney in San Diego, CA, right away.

How To Win a Personal Injury Claim?

The majority of lawsuits involving personal injuries are built on the notion of negligence, which asserts that another party was responsible for the victim’s injuries by failing to exercise reasonable care. 

To prove negligence, you need to have proof of the following:

  • Duty. You must establish that the defendant owed you a duty of reasonable care. Duties are based on either the law or a relationship. 
  • Breach. You must also demonstrate that the defendant violated their duty of care. A person violates their duty when they fail to act reasonably under the circumstances.
  • Causation. You must show that the defendant’s negligence caused your accident. You must demonstrate that the accident would not have occurred but for the defendant’s actions. You must also prove that your injuries were a foreseen result of the conduct.
  • Damages. You must demonstrate that you suffered damages due to the accident/injury. These losses are usually financial, but they can also be emotional.

To satisfy your negligence claim, you must prove all four elements by a preponderance of the evidence. In other words, your version of events is more likely than not correct. You will lose your claim if you fail to demonstrate even one element.

Your San Diego personal injury attorney may use a variety of evidence to support your claim, including

  • Accident and police reports
  • Medical records
  • Video/surveillance camera footage
  • Photographs of the accident
  • Eyewitness testimony
  • Expert testimony

What Types Of Damages Can I Receive?

Personal injury victims have the legal right to seek compensation for their losses. The term “damages” is used in the legal system to refer to the many forms of compensation awarded by a judge or settled out of court. Both compensatory and punitive damages may be awarded depending on your situation. Seeking legal assistance from a skilled neck injury attorney in San Diego, CA, is the best way to ensure maximum compensation for damages. 

Compensatory Damages 

Compensatory damages are intended to make a victim “whole” again or as close to their pre-accident state as possible. Economic and non-economic damages are the two types of compensatory damages.

Economic Damages 

This is compensation that reimburses for actual financial losses. Here are a few examples:

  • Current and future medical bills include emergency room visits, hospital stays, physical therapy, outpatient procedures, prescription medications, in-home medical care, rehabilitation costs, and so on.
  • Repair or replacement of property
  • Current and future lost wages due to time away from work while you recover.
  • Reduced earning potential (if you are no longer able to earn income at the same level as before the accident)
  • Wrongful death 

Non-Economic Damages

Compensation for losses that can be considered subjective or personal. For example

  • Pain and suffering
  • Emotional distress
  • Loss of opportunity
  • Loss of enjoyment of life 
  • Loss of consortium
  • Disfigurement 
  • Physical impairment (e.g., disability, loss of a limb)
  • Unjust hardship

Punitive Damages

The second form of damages, known as punitive damages, can only be awarded in cases involving personal injury accidents when the defendant acted with an extreme reckless disregard for the safety of others. The purpose of punitive damages is to both punish the perpetrator and serve as a deterrent to others from engaging in similarly harmful behavior in the future.

San Diego Statute of Limitations

Every state has a statute of limitations that governs how long you have to file a personal injury case. The purpose of California’s statute of limitations is, first and foremost, to prevent personal injury victims from threatening a lawsuit indefinitely. Second, this law helps to ensure that the legal process continues, that evidence is preserved, and that eyewitness memories are fresh. If too much time has passed, evidence may begin to vanish or become corrupted, and witnesses may become less trustworthy.

In San Diego, personal injury victims typically have two years from the date of the injury to file a claim. If the injury is not discovered immediately, they have one year from the date of discovery or when they should have known about the injury to file a claim. It can also vary depending on the circumstances, such as when a government agency is involved or if the victim is a minor.

If you fail to meet the deadline, the court will most likely dismiss your case, and you will lose your right to compensation. As a result, it is highly recommended to consult with a seasoned San Diego neck injury attorney as soon as possible and begin the process immediately.

What Is My Personal Injury Claim Worth?

The following factors are likely to have the most significant impact on the value of your claim:

  • The cost of your medical bills and whether or not you will incur future medical expenses
  • The extent of your wage loss and whether your ability to work has been harmed
  • The extent of your pain and suffering since the accident
  • The insurance company coverages available to compensate you for your losses
  • Whether or not you share the blame for your injuries or losses
  • The weight of your evidence demonstrating negligence

Our qualified attorneys conduct extensive investigations to uncover facts and evidence that will help strengthen your case. We know what it takes to successfully recover compensation for your personal injuries and damages as one of San Diego’s best personal injury law firms.

Call our Competent Neck Injury Attorney in San Diego, California, Now!

Too many people disregard neck pain and put off getting the treatment they require because they feel the pain will go away on its own or because they believe their injury is not severe enough to warrant visiting a doctor. In reality, however, if your neck injury is not treated appropriately, it can take a toll and have a number of impacts on your life.

Moreover, if you suffered a neck injury in a car, workplace, or any accident due to the negligent actions or inaction of another person, there are plenty of legal options you can explore with the help of an experienced San Diego personal injury attorney

Our San Diego neck injury lawyers at Benner Law Firm can help you prove the severity of your neck injury and seek the maximum compensation you deserve. Your life is meaningful, and you matter. Delaying your case should never be an option. Reach out to us today!


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