If you sustained a neck injury through no fault of your own, you could be eligible to recover a monetary award. This award could compensate you for medical bills, lost wages, or other expenses related to your injury.
These costs are often substantial. According to the Journal of the American Medical Association (JAMA), Americans spent more than $87 billion on health care spending related to neck and low back injuries from 1996 to 2013. Thankfully, a successful legal claim could offset these expenses if a neck injury results from the negligence of another party.
Do not bear the burden of recovering from a neck injury alone. Let the attorneys of Friedman & Simon, L.L.P. assist you in pursuing a claim against the responsible party. Contact a Glen Cove neck injury lawyer right away by calling (516) 932-0400 for a free consultation.
In This Article
- How Neck Injuries Happen
- Compensation for Your Neck Injuries
- Calculating the Value of Your Neck Injury Claim
- Sharing Fault for a Neck Injury
- Comparative Negligence
- How We Will Help
- Reach Out to a Glen Cove Neck Injury Lawyer
How Neck Injuries Happen
There is no standard blueprint for a neck injury claim. Injuries can happen in a variety of ways, with some being more preventable than others. These injuries may result in a viable legal claim if they occurred due to the negligence of another person or entity. Some of the common ways a neck injury can occur include the following:
- Slips, trips, and falls
- Construction accidents
- Vehicle collisions
- Violent assaults
- Surgical error
- Sporting accidents
When you discuss your case with a Glen Cove neck injury lawyer, you will learn about your chances of recovering the compensation you need. Your attorney will evaluate the facts surrounding your accident, identify the at-fault party, and guide you on what to do next.
For a free legal consultation with a Neck Injury lawyer serving Glen Cove, call 516-932-0400
Compensation for Your Neck Injuries
Few injuries are as costly to treat as neck injuries. Not only does the neck include a complicated series of bones, muscles, and nerves, but it is also the pathway in which the brain connects with the rest of the body. Severe neck injuries can result in a lifetime of pain and the drastic reduction of your independence.
Generally speaking, there are two types of compensation available in a neck injury accident claim. These are known as economic and non-economic damages. Economic damages are measurable and have an objective value. You can establish the amount of economic damages through the use of documentary evidence, including invoices, bills, and receipts. The most common examples of economic losses are medical expenses.
Non-economic losses are far more subjective. These damages, which include pain and suffering and the loss of consortium, (i.e., a spouse’s loss of companionship, marital intimacy, and other aspects of the marriage relationship, when the other spouse is injured,) do not have a set dollar amount that applies to them. Instead, your lawyer must establish what these damages are worth in your case.
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Calculating the Value of Your Neck Injury Claim
Determining the value of your neck injury claim typically starts with compiling all relevant documentary evidence. This includes everything related to the cost of your medical treatment, including receipts and invoices.
It also involves collecting any necessary data related to your lost wages. Your attorney will need to obtain your W-2 or other and perhaps other records related to your earnings prior to your injury.
Next, your attorney will carefully review your case and the documentation that comes with it. They will work to identify the cost of your future medical care by evaluating the severity of your injuries, as per your medical records and doctors’ reports, and the potential for a recovery. This evaluation will determine not only what your future medical care might cost, but also the amount of future earnings you are likely to miss out on.
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Sharing Fault for a Neck Injury
In some cases, liability for a neck injury is straightforward. Whether it is from a carelessly handled falling object or a negligent motorist causing a crash, identifying the responsible parties can sometimes be readily apparent. Other cases are not so simple. In some cases, the reality is that both (or more,) parties share responsibility for the happening of the accident. The good news is that you could be able to recover some monetary compensation even if you contributed, in part, to the happening of the accident that resulted in your own neck injury.
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New York has adopted a legal principle known as comparative negligence. As long as you are only partially at fault, it allows you to collect damages. However, it can also limit the amount of compensation you are eligible to recover.
Consider the following example: you suffer neck injuries in a car accident. While the other driver caused the crash, you were speeding at the time of the collision. Your injuries result in a total of $100,000 in medical expenses.
The jury ultimately determines that you were 25 percent responsible for the accident. Under comparative negligence, the court will award you a portion of the $100,000 based on your percentage of fault. In this example, a judgment in the amount of $75,000 should be awarded in your favor against the other driver. To learn more about how comparative negligence may affect your neck injury case, call Friedman & Simon, L.L.P., right away at (516) 932-0400. Our team will examine the case and determine the compensation you are able to collect.
How We Will Help
When you work with Friedman and Simon, L.L.P., you get the benefits our skilled team of professionals brings to the table. We will thoroughly investigate your case and assist you in building a winning claim. Our team will also negotiate with the at-fault party in an effort to resolve the case without a lawsuit.
When settlement is not an option, depending upon the unique circumstances of your case, we will pursue a litigation strategy that maximizes your chances of getting the compensation you need as we vigorously prosecute the case toward a trial. While most cases settle before a trial, our experience has shown us that being ready to present a compelling case at trial is the best way to get the best settlement. Throughout the entire process, we will keep you updated on every significant development in your case.
When it comes to your neck injury claim, we understand what is at stake. Our attorneys will pursue every avenue available to recover compensation for your injuries. We will also serve as your advocates, meaning we speak directly with all other participants in the case, such as adverse insurance carriers and defense lawyers, on your behalf, relieving you of the stress of doing so.
Reach Out to a Glen Cove Neck Injury Lawyer
Being represented by an experienced, dedicated, compassionate lawyer could provide you with the best opportunity to recover compensation for your injuries. If you are ready to learn more about your options, the attorneys of Friedman & Simon, L.L.P. stand ready to advise you.
Call (516) 932-0400 to schedule a free consultation with a neck injury lawyer as soon as possible.
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