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Completing Paperwork For Your Personal Injury Case

Important Factors Everyone Needs to Know about Neck Injury Cases

30 November 2016

Christopher Wilson

Neck injuries can happen due to the result of a variety of accidents, and, when they do, some injured individuals are entitled to compensation for their injuries. Perhaps you recently injured your neck due to someone else's negligence. You may be wondering what factors will determine whether or not you could win a lawsuit against the negligent party. The following factors may influence your case. 

Proof of Negligence

Injury victims have to prove that they were injured due to the negligence of someone else. If there is a preponderance of evidence that shows the other party was negligent, the value of your personal injury case may be higher. Too many questionable facts about the case could mean that you receive compensation, but it may be lower than someone with more evidence of negligence. 

Medical Treatment Received

Your medical records might be used in a personal injury case to prove  injuries, but medical records can also hinder certain cases. For example, if you voluntarily returned to work even though you were advised not to return until the doctor approved you to return, your reported injuries might be challenged by the other party. They might also insinuate that you caused yourself more severe injuries by returning to work prematurely. If there is enough information in the medical reports to suggest that a pre-existing condition contributed to the injury or that you may have participated in activities that exacerbated the injuries, it is possible that you might receive less compensation.

Expected Duration of Injury

Some people only have neck injuries that last for a short time frame. These are usually classified as minor injuries, and compensation might still be awarded but at a lower amount. An example would be minor neck pain after a car accident that is eventually resolved by a chiropractor. However, some people experience neck injuries that can last a long time or cause them permanent issues. Examples would be car accidents that cause neck fractures, whiplash, or disability. These cases might receive higher compensation due to the permanence and severity of the neck issues.

A personal injury attorney is a good resource to use for neck injury claims. They can negotiate settlements and advise you of what you need to do to improve the chances of winning your case. For example, an attorney might advise a client to continue going to their doctor for their neck injuries despite having difficulties paying for injury care. This is because the medical record is a valuable part of your case. They might also be able to negotiate a higher settlement for future injury costs such as prescriptions, loss of income, therapy, and medical equipment. 

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