The cervical spine refers to the top part of your spinal column, running inside your neck from the base of your skull to the upper portion of your back. It is comprised of seven vertebrae, labeled from C1 to C7. The entire body can be affected when damage occurs to the cervical spine.
Many factors can impact the settlement for a cervical spine injury. Generally, your compensation will depend on the severity of your neck injury and its impact on your life, but can also be influenced by how your accident was cause, how much insurance is available, and what attorney you have representing you. Our lawyers can help fight for the full amount of monetary damages owed to you.
If you sustained a cervical spine injury as the result of another person’s negligence in Indiana, our experienced Indiana personal injury attorneys at Wruck Paupore can review your claim for free. Call our law firm today at (219) 322-1166.
Many factors are considered when determining a proper settlement for a cervical spine injury. Any of the following could impact the amount of compensation awarded in your case:
Many forms of cervical spine damage involve the fracturing of cervical vertebrae and the subsequent rupture of soft tissue in the neck. Meanwhile, other injuries can involve damage to discs in the cervical spine through the bending and shearing of cervical vertebrae. These injuries frequently manifest themselves through the following symptoms:
The more serious your spine injury is, the more compensation you may be entitled to. For instance, a plaintiff who suffers permanent damage to their cervical spine will likely recover more damages than a victim whose symptoms may quickly reside. During your free case assessment, our Indianapolis personal injury attorneys can help evaluate the severity of your injury and begin building your claim for monetary damages.
Pre-existing conditions can potentially impact the amount of damages you receive as part of your cervical spine damage settlement. For instance, if you have pre-existing shoulder pain or previously suffered a herniated disc, the amount of monetary damages offered in your case may be lower. Still, pre-existing conditions do not preclude you from pursuing financial compensation. Our West Lafayette, IN personal injury attorneys can help you fight for the payment you deserve.
Furthermore, the amount of physical pain and emotional suffering associated with your cervical spine injury will impact the amount of damages available to you. For example, in addition to causing physical pain, cervical spine injuries can lead to mental health problems like anxiety and depression. Fortunately, plaintiffs can recover payment for both the physical and emotional effects of their injuries.
Workers who suffer cervical spine injuries may recover damages for the lost income they incurred during recovery. However, some victims are permanently prevented from returning to work as a result of the harm they sustained. If you are unable to return to the same job you performed before suffering cervical spine damage, then you may obtain compensation for the lost wages you will sustain as time goes on.
Claims for a lost future earning capacity can be complicated. Accordingly, the support and guidance of our personal injury lawyers can be very helpful when seeking such damages in your case.
Lastly, if you shared fault for the accident that caused your cervical spine injury, you may be restricted in the amount of damages you can recover. Indiana courts follow a modified comparative negligence rule. Accordingly, damages in injury cases are awarded based on each party’s percentage of fault. For example, suppose you share 30% of the blame for the accident that caused your spine injury, and the defendant is 70% responsible. In that case, the defendant will only be ordered to pay for 70% of the damages caused by the crash while you account for the leftover 30%.
Furthermore, plaintiffs who are deemed to be over 50% at fault for their accidents cannot recover payment related to their injuries. The defendant in your case may attempt to shift blame for your accident in order to avoid paying for the cervical spine injury you sustained. Our experienced South Bend personal injury attorneys can help protect your interests and establish that the defendant is at fault.
Plaintiffs can recover multiple categories of monetary damages in Indiana injury cases. The following are examples of specific damages frequently sought by victims with cervical spine injuries:
In some cases, plaintiffs with cervical spine injuries have trouble performing household services for themselves. The following are all examples of services that are affected:
In order to recover damages for assistance with household activities, plaintiffs likely must show that they regularly engaged in those activities. Our personal injury attorneys can help support a claim for lost household services in your case.
Victims with cervical spine injuries may require assistance with in-home medical care. An in-home caretaker can assist with a wide range of healthcare needs and daily tasks. For instance, a caretaker may help with medication management or nutrition support. Fortunately, plaintiffs in injury cases can recover compensation for the in-home care they require.
Some people who sustain cervical spine damage develop partial or total paralysis. In such cases, plaintiffs may be able to obtain compensation for accessibility modifications like wheelchair ramps and shower handles. You can reach out to our law firm for help acquiring payment for the accessibility modifications you need to deal with your cervical spine injury.
If you suffered a cervical spine injury as the result of someone else’s negligence, seek help from our experienced Hammond, IN personal injury attorneys at Wruck Paupore. Call our law firm today at (219) 322-1166 for a free review of your claim.
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Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.