Neck pain injuries can often involve severe pain that lasts for a long period of time. Also, due to the nature of some neck injuries, neck pain from a previous injury can often recur even after a slightly less serious injury. Some common causes of neck pain include:
- Car accident injuries (i.e., whiplash cases)
- Slip and fall cases
- Sports injuries
- Work-related injuries
- Repetitive stress-type injuries
- Intentional injuries, such as those resulting from a battery
Neck pain and neck injuries can often result from injuries to other parts of the body, particularly the spine and the upper back, as these particular parts are connected to the neck in many ways.
Can I Recover Damages for Neck Pain?
In most cases, it is possible to recover damages for neck pain, so long as you can trace liability to another party who responsible for causing the injury. For instance, in a car accident claim, it is necessary to prove that another driver caused your neck pain. Also, the pain and injury need to be severe enough for it to warrant a damages award. A claim that involves missed work time and lost wages maybe more likely to be successful than a neck pain claim that does not involve severe losses.
In some cases, it may be necessary to recover damages or costs even if causation is not as clear. For instance, in many workers compensation claims, a worker can sometimes be entitled for workers comp for an on the job injury, even if their employer was not directly liable for the injury. This, of course, will depend on each individual case, as well as state/local laws.
What Are Some Legal Issues to Consider When Filing a Neck Pain Lawsuit?
There are some legal issues that arise quite frequently in relation to a neck pain lawsuit. These include:
- Proof of injury: “Neck pain” is a somewhat vague term. It is more difficult to prove than, say, a bone injury, which can be directly seen through an x-ray. An expert witness may be needed to prove the extent of the neck pain experienced.
- Causation: As mentioned, it can be difficult to trace which party actually caused a person’s neck pain. This is especially true for cases where the person already had preexisting neck pain at the time of the accident.
- Limits on damages: Some states impose limitations on damages awards, especially pain and suffering awards.
Do I Need a Lawyer for Help with a Neck Pain Lawsuit?
Neck pain lawsuits can often involve some fairly complex legal issues. You may wish to hire a personal injury lawyer if you need help with a legal claim. Your attorney can research the laws in your area to determine what your rights are in terms of neck pain and other conditions. If you need additional legal advice or representation, your attorney can provide you with guidance during the entirety of the lawsuit, including during an appeal if such guidance is necessary.