Neck Strains and Personal Injury Claims
Neck strains are considered to be damage to the soft issue of the muscles and tendons. Typically these neck sprain claims are first noted by significant shooting or sharp pains in the neck. Stiffness, an inability to move the neck, or tingling and painful sensations when the neck is moved to one or more positions are also very common. Other related symptoms can include tissue swelling causing difficulty in swallowing, pain when chewing, dizziness, shoulder pains and a burning sensation across the shoulders and neck. Treatment can include medications, the use of cervical collars, physical therapy and, in some cases, surgical procedures.
Neck strains can lead to personal injury lawsuits, usually when related to a slip and fall, vehicle accident, or injury or working condition that strained the muscles or tendons.
Are Treatments Covered?
All medical treatments, including ongoing physical therapy and rehabilitation, can be covered in a personal injury lawsuit for neck strains. Since neck strains are often mistaken for more serious types of injuries, immediate medical examination is recommended. In addition to medical costs, personal injury cases can also include damages for pain and suffering, lost work and other related expenses.
Proving Neck Strains
Since a neck strain is a soft tissue injury, medical records and therapy records are typically required. In most cases, the doctor will perform tests to indicate range of motion limitations, inflammation and tenderness, as well as tests for neurological problems which may include muscle spasms and numbness in the spine, shoulders or the arms and hands. This must be related to a specific trauma or accident or must have been made worse by the accident.
How to File a Claim
Since neck strain can be very difficult to prove, filing a claim on your own is not recommended. Working with an experienced personal injury attorney will ensure you have the correct documentation and medical records to prove your case should the settlement go to court. In addition, many of these claims settle prior to court and your attorney can represent your interests in direct negotiation or mediations.
Settlement Values and Settlement Offers
Most personal injury cases will start with a settlement offer by the insurance company. This offer is rarely in the injured parties best interest to accept since it is often not comprehensive or fair based on possible further medical bills, pain and suffering, and possible lost time at work. Each case is different based on the severity of the injury, other possible injuries, and the long term possibility of further complications. Attorneys that specialize in personal injury cases can evaluate or assess your case and provide possible settlement ranges of a few thousand dollars to hundreds of thousands of dollars.
Factors to Consider
An understanding of related settlements as well as the long term costs of a neck strain is essential in determining a fair settlement value. Keep in mind that long term therapy, change in career, and even a modification in what you can enjoy in your daily life may all be issues to consider when neck strains are the result of an accident or injury
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