How much you can claim for a neck injury in Texas depends heavily on the severity of your injuries, long-term life impacts, and the degree of negligence. Some claims for minor injuries are worth a few thousand dollars, while others, such as those involving severe spinal cord injuries or paralysis, may be worth millions.
If you have sustained a serious neck injury, you should speak to our team at Omega Law Group Accident & Injury Attorneys. Our personal injury lawyers in Houston can assess your case and give you a reasonable estimate of how much your neck injury case is worth.
Neck Injuries Can Vary in Severity
Neck injuries vary widely in severity, depending on the specific nature of the injury. Below are some common types of neck injuries and their relative levels of severity:
- Whiplash. Whiplash occurs when the head snaps forward or backward due to a sudden force and can cause headaches, dizziness, and dull neck pain.
- Herniated disc. A herniated disc is a vertebral disc that protrudes from the intervertebral space and can cause chronic, radiating pain and difficulty moving.
- Pinched nerve. Surrounding tissues can compress a nerve, causing acute pain and muscle weakness in the shoulders and arms.
- Cervical myelopathy. Cervical myelopathy occurs when the spinal cord channel narrows, putting pressure on the spinal cord.
- Vertebral fracture. Cervical fractures can result in extreme pain and may cause difficulty healing, leading to fused vertebrae.
- Spinal cord injury. Traumatic force to the spinal cord in the neck can cause body-wide dysfunction, including partial or complete paralysis.
Just because a neck injury is “less severe” than another doesn’t mean it’s not serious or that it won’t have a significant impact on your life. A lawyer from Omega Law Group can pursue the full value of your neck injury, no matter how minor or severe.
Factors That Impact the Value of a Neck Injury Claim
Because neck injuries can vary so widely, the value of these claims can similarly vary. Several factors can affect the value of your neck injury claim. Below are some of the most relevant factors that the attorneys at Omega Law Group consider when calculating demands for neck injury claims.
Injury Severity
All other things being equal, more severe neck injuries generate higher-value claims. For instance, spinal cord injuries typically result in higher settlements than whiplash injuries.
Medical Treatment
Part of a neck injury settlement is compensation for medical bills, so claims involving extensive medical treatment will have a higher final value. For instance, a minor injury may require a few weeks of physical therapy, but a severe neck injury may require emergency treatment, surgeries, medication, and extensive ongoing treatment.
Lost Work Income
You may recover more compensation if your neck injuries prevented you from working or required you to work less. You can also pursue compensation if your injuries have reduced your lifetime expected earnings because of disability.
Degree of Negligence
Neck injury claims are built on proving negligence on the part of the at-fault party. If the responsible party displayed gross negligence or intentionally malicious conduct, you may be entitled to punitive damages.
Insurance Limits
Policy limits may place a cap on the compensation you can recover in an insurance claim. However, limits can be exceeded in some cases.
Proving Pain and Suffering from a Neck Injury
Some neck injuries can lead to chronic discomfort and dysfunction. That is why neck injury settlements often include non-economic compensation for pain and suffering.
Unlike economic losses like medical bills or lost work income, pain and suffering doesn’t have a definite numerical value. Insurance adjusters and courts must instead use other methods to calculate how much pain and suffering compensation you deserve. There are two main calculation methods:
- The multiplier method assigns a number, usually between one and five, and multiplies it by your total economic losses.
- The per diem method assigns a daily dollar amount to your suffering and multiplies that value by the number of days in your recovery period.
Which method is ideal for a neck injury case depends on the specifics of the injury and whether you have a detailed day-to-day record of your recovery timeline. Omega Law Group can help you determine which method of calculation gives you the fairest outcome in your neck injury case.
Contact a Texas Personal Injury Lawyer Today
Do you have more questions about how much you can claim for a neck injury in Texas? If so, you can speak to Omega Law Group about your case. Our team consists of over 20 dedicated legal professionals and has helped countless individuals with their injury claims. Call us today to schedule a free case consultation with a Houston personal injury attorney.