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Home » Neck Injury Lawyer in California

Neck Injury Lawyer in California

Neck injuries. You may first think of whiplash, but neck injuries are so much more than whiplash; they can include repetitive strain, nerve pinch injury, disk injury, vertebral fracture, and/or sprain or strain. That said, whiplash alone can have serious, even long-term, implications, as can any other neck injury. You may have been in an accident involving automobiles, bicycles, or you may have been a pedestrian struck by a vehicle or may have been involved in a workplace accident or sports incident, whatever the cause, neck injuries are more than just bothersome, they can impact the quality of your life.

Neck Injury

California Personal Injury Law

California is a pure comparative negligence jurisdiction. This means that you are entitled to recover damages sustained through the fault of another person or entity, even if the other’s fault is as little as 1 percent or as much as 100 percent. What this also means is that if you contributed to the accident in any way, then your compensation will be reduced according to the proportion you are deemed at-fault. For example, if you have $100,000 in damages, but you were 10 percent at fault, then you would be able to recover $90,000 (and would be deemed responsible for $10,000 due to being 10 percent at-fault, and therefore bear the financial responsibility for your contribution to your injury)

You would be entitled to compensation from the at-fault party, and this could be any number of people or entities depending on the circumstances of the accident. For instance, if you were in a car and were struck by a commercial truck, both the truck driver and his or her employer could be liable for your neck injury (as well as any other injury you sustain from the accident). If you are at work and fell due to a defective ladder, then your employer could be held liable if it failed to maintain equipment in good working condition, or the maker of the ladder could be held liable if the design of the equipment was faulty. And therein lies the key to who is responsible for compensating for your neck injury: negligence. Who is the negligent party?
  There are four components that must be present to prove negligence, and they are explained below:

  1. Duty of Care. Did the person or his/her employer owe you a duty of care? For instance, all motorists owe a duty of care to fellow drivers, and this duty of care includes the duty to obey traffic laws as well as to be alert and drive responsibly.
  2. Breach of Duty. Was that duty breached in some way, shape or form? For instance, if you were in an accident caused by another driver, did the other driver failed to stop at a red signal, or was the driver speeding? If so, then the at-fault driver breached his or her duty of care owed to you. If, however, it was a defect in the design of the automobile (maybe the brakes were defective) that caused the accident, then the driver would not have breached a duty if he or she adhered to all laws and rules.
  3. Causation. Did that breach cause your injury? Using the same car accident example, was the accident the direct and proximal cause of your injury? For instance, if you felt fine and got out of the car to inspect the damage and then slipped on ice, only to fall and break your wrist, the accident did not cause your injury. Your injury must emanate from the accident.
  4. Damages. Is your injury monetarily quantifiable, in other words: is there a dollar value to your injury? Bruised egos are not compensable. If you are in an accident and sustain no injury, then you are not eligible to recover from the personal bodily injury. You could, however, still recover from property damage.

If these four elements are satisfied, then you may be able to prove negligence and subsequently obtain compensation. To reconfirm by way of example, if you are in an accident, and the other driver who caused the accident was at fault by violating a traffic rule, driving under the influence of alcohol, or other reason, and you sustained injury stemming from the accident that required medical attention, you are entitled in California to file a claim or lawsuit.

What Type of Compensation is Available?

If you sustained a neck injury through the fault of another person’s action or omission to act, then California allows you to seek compensation. Compensation for your damages comes in two forms:

  1. Economic Damages. These damages allow you to seek reimbursement for such things as medical expenses, therapy, property damage, lost present and future earnings, loss of earning capacity.
  2. Non-economic Damages. These damages include compensation for such things as pain and suffering, loss of enjoyment.

In some rare cases, if the at-fault party was particularly malicious or reckless, you may be entitled to seek punitive damages, which would be a means to punish the wrongdoer and prevent future acts of the same.

An Experienced California Personal Injury Lawyer Can Help You with Neck Injury Case – Get a Free Case Review Today

Insurance companies employ armies of investigators, experts, and other professionals to protect the insurance carrier’s bottom line: profits. You need an advocate on your side that is a skilled negotiator to ensure you receive the maximum recovery for your neck injury. Our California attorneys have settled or won verdicts valued at more than $90 million for our clients. Johnson Attorneys Group does not charge any legal fees unless your case is successfully settled or won in your favor. Contact us for a complimentary case evaluation, call 1-800-208-3538.

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