Even minor neck injuries can lead to a lifetime of pain, discomfort, and complications that require prolonged medical treatment and extensive time away from work. The costs can quickly become overwhelming and can make it difficult to move on with your life.
You do not have to face these challenges alone, and the team at Zanes Law may be able to help. If you or a loved one suffered a neck injury in an accident, our team could allow you to pursue compensation.
The actions you take immediately following an injury can have a significant impact on the strength of any claim you might decide to bring later. We recommend that victims of neck injuries take the following steps in the aftermath of their accident:
Every injury, however minor, should be evaluated by a medical professional as soon as possible. Even Arizona’s Department of Health Services recommends that you do so immediately. Not only does this ensure that you begin the recovery process quickly, but it also establishes a clear connection between your accident and the injuries you suffered afterward.
It is important to follow this step even if you believe your neck injury to be minor. Some injuries will not become apparent until days or even weeks after the accident. If you wait too long for an evaluation, it will be more difficult to demonstrate that your accident caused your neck injury.
Keep a detailed record of the costs that pile up after your accident. These include not only your medical expenses, but other factors like lost wages from time away from work and the replacement of damaged property. Car mileage, parking expenses, and other incidentals all are reimbursable if you can prove that you incurred these costs.
If the injury renders you unable to contribute around the house as you normally do, keep track of the costs of replacing your service to your household. For example, if you had to hire a housekeeper, someone to mow the lawn, or a babysitter because a neck injury prevented you from doing these tasks, you could recover the expenses from the negligent party r as long as you have receipts.
Some severe neck injuries could limit mobility or functioning to the degree that renovations to your home are necessary, or you might require adaptations to your vehicle to allow you to drive. With proper documentation, these expenses also could be recovered from the negligent party.
Once you are on the road to recovery, your schedule will fill up with doctor’s appointments, rehabilitation appointments, pharmacy visits, and insurance paperwork. A neck injury lawyer in Phoenix could help manage communications related to your case, collect evidence, calculate potential damages, and establish a strong claim on your behalf so that you can focus on healing.
Securing damages in a neck injury case requires the plaintiff to prove that the defendant was negligent. Negligence is the failure to act as a reasonably prudent person would have behaved in similar circumstances. Proof of negligence triggers the responsibility to pay damages.
A Phoenix lawyer could help you demonstrate liability after your accident by establishing four factors:
We cannot estimate the damages you may be eligible to recover until we review your case. Some examples of damages we may be able to pursue on your behalf include:
A lawyer in Phoenix could help you pursue additional compensation if your loved one passed away after their accident. This includes funeral and burial costs, loss of future income, loss of consortium, and related damages.
If the defendant’s egregious behavior led to your neck injury, it might be possible to ask for punitive damages. Courts may permit a plaintiff to seek punitive damages if a defendant either acted intentionally to harm or was indifferent to the likelihood that their reckless behavior would cause injury to a person.
Punitive damages might be available if your neck injury results from an accident involving someone driving under the influence. They might also be available if the defendant’s behavior was especially egregious. Consult with an experienced Phoenix attorney to determine whether seeking punitive damages is appropriate in your case.
Sometimes, a plaintiff’s own actions contributed to the accident that injured them. In many states, a plaintiff would be unable to seek damages if they had primary responsibility for an accident. However, Arizona Revised Statute §12-2505 makes everyone involved in an accident responsible for the damages their behavior caused.
In a neck injury case, the parties involved might try to negotiate a fair allocation of fault. If they cannot reach agreement on this issue and the case goes to trial, a judge or jury will divide the blame for an accident.
The judge will reduce the damages a negligent plaintiff could receive by an amount equal to their percentage of responsibility. Even a plaintiff whose actions were 99 percent to blame for an accident could collect one percent of their losses from another negligent party.
Our team of neck injury lawyers can help you recover the damages you deserve in many ways. We can:
Gather Evidence. We could collect police reports, medical records, video footage of the accident; speak with expert witnesses, and even recreate the accident to help support your claim.
Assess Damages. We could help you document your damages and hire actuaries and other experts to provide projections of the future costs you are likely to incur.
Manage Communications. We could handle communications between you, the liable party or parties, and the insurance companies related to the case so that you can focus on other matters.
Negotiate Your Settlement. We could establish a strong case that supports compensation for all your injuries, losses, and other expenses. If we are unable to reach a fair settlement, we could take your case to trial to fight for the damages you deserve.
Meet Your Deadlines. Our team could ensure you stay within Arizona’s statute of limitations, which requires personal injury claims to be filed within two years of the accident. If you are bringing a claim against the State of Arizona, the city of Phoenix, or a county or town, you have only six months after an accident to file a notice of claim. We could help ensure all appropriate notices are filed on time to preserve your rights against all potential defendants.
Our team of neck injury lawyers in Phoenix could help you or your loved one recover the compensation to which you are entitled. Our firm is committed to making things convenient for our clients. We will come to your home or hospital to discuss your case with you upon request. Get started today with a free consultation.