California Neck Injury Lawyer
Contact A Personal Injury Attorney You Can Trust
Don’t let a personal injury scenario dictate the course of your life. The Law Offices of Samer Habbas & Associates, PC is dedicated to helping you navigate the complexities of your case in the state of CA. Time is of the essence; the sooner you contact our neck injury attorneys, the sooner we can work towards securing the compensation you deserve. Get the peace of mind you need—reach out by phone at (888) 848-5084 or contact us online for a free consultation today.
California’s sunny roads and bustling streets, unfortunately, aren’t immune to accidents, some of which can result in serious neck injuries. If you or a loved one has suffered from such an injury, it’s essential to understand your rights, the possible causes, and the legal avenues available to you.
Understanding Types Of Neck Injuries
There’s a wide range of neck injuries one could sustain, each with its own severity and implications:
- Whiplash: This is perhaps the most well-known neck injury, often resulting from rear-end car collisions. It involves the sudden jolt of the head backward and then forward, stretching and tearing the neck muscles and tendons.
- Neck Sprain: This involves tearing of the ligaments in the neck, often due to sudden twists or impact.
- Neck Strain: A strain refers to muscle or tendon damage. It can be due to repetitive motions or sudden force.
- Cervical Radiculopathy: Often referred to as a “pinched nerve,” this occurs when a nerve in the neck becomes irritated or compressed.
- Herniated Disc: A condition where the cushiony discs between the vertebrae push out, causing nerve irritation or pressure.
Common Causes Of Neck Injuries
Several scenarios can lead to neck injuries. Some of the most common include:
- Car Accidents: Sudden impacts, especially from the rear, can jolt the head and neck.
- Slip And Falls: Falling on a slippery floor or tripping can cause an abrupt movement of the neck.
- Sports Activities: Contact sports, in particular, can lead to various forms of neck injuries.
- Work-Related Incidents: Repetitive movements, heavy lifting, or accidents at the workplace can result in neck strains or other injuries.
- Assaults: Physical altercations can lead to blows or trauma to the neck.
Determining Liability In Neck Injury Cases
Determining who’s at fault is crucial in neck injury cases. Potential liable parties include:
- Another Driver: In car accidents, if another driver’s negligence caused the collision, they could be held liable.
- Property Owners: If a person slips and falls due to unsafe conditions, the property owner or manager may be held accountable.
- Employers: If the injury occurred at work, the employer might be liable, especially if safety standards were not met.
- Product Manufacturers: If a neck injury is caused by a defective product, the manufacturer could be held responsible.
In California, the principle of “comparative negligence” (California Civil Code 1714) applies. This means even if you’re partially at fault for your injury, you can still recover damages. However, your compensation might be reduced based on your percentage of fault.
Lawsuit Or Car Accident Insurance Claim For Neck Injuries
After a neck injury, victims have two primary legal avenues:
- Filing A Car Accident Insurance Claim: If the injury resulted from a car accident, the victim could file a claim with the at-fault driver’s insurance company. It’s essential to be cautious, though. Insurance companies might offer a lower settlement than what you deserve. Always consult with a lawyer before accepting any offers.
- Personal Injury Lawsuit: If a fair settlement isn’t reached with the insurance company, or if another entity is at fault, you can file a lawsuit. In California, the statute of limitations for personal injury claims is two years from the date of the injury. This deadline, as stated in the California Code of Civil Procedure 335.1, is crucial to remember.
