California Neck Injury Lawyers
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Our California Neck Injury Lawyers Offer Representation Rooted In Experience
After suffering a neck injury in an accident, seek immediate medical attention first, then reach out to our California neck injury lawyers at (888) 488-1391. Our legal team understands how serious neck injuries can impact your daily life, career, and family responsibilities. We can begin evaluating your potential compensation claim, starting with a free, no-obligation consultation.
Neck injuries can result in significant financial challenges, including medical bills, lost wages, and diminished earning capacity. On top of that, you may also endure physical pain and emotional suffering. Our attorneys work to address these aspects of a case, considering the law, evidence, and the facts of each situation.
Under the leadership of owner and founder Arash Khorsandi, Esq., our team has years of experience representing clients across California, treating each case with careful attention and professional dedication.
What California Neck Injury Lawyers Can Do
The neck plays an integral role in both voluntary and involuntary functions of the body. Misalignments, sprains, or other types of aches and pains in the neck can get in the way of the victim’s everyday life. Even seemingly minor neck injuries can affect your ability to work, engage in family activities, drive, or even care for yourself.
If someone’s negligence or recklessness causes your neck injury, you may need a lawyer who understands the serious impact on your life. Skilled California neck injury attorneys can:
- Help You Seek Treatment For Your Injuries — Neck injuries are extremely risky and can be permanently debilitating without the right treatment. Our legal team can refer clients to neurologists, orthopedic specialists, and rehabilitation experts who can provide the comprehensive care your specific injury demands.
- Build an Evidence-Based Claim — Our attorneys meticulously collect and preserve critical evidence linking the accident directly to your neck injury. We also assess potential damages, including your pain and suffering, lost wages, and necessary home modifications.
- Pursue Compensation Through Multiple Channels — Depending on the circumstances, a lawyer can explore available legal options. For example, if your neck injury happened at work, you may qualify for workers’ compensation for medical bills and lost wages. If another factor, like a reckless driver or faulty equipment, contributed, your lawyer can pursue a third-party liability claim on your behalf.
Why Hire Our Neck Injury Attorneys
Neck injuries can create lasting challenges, from medical treatment to financial strain. Having a lawyer by your side may allow you to concentrate on your recovery while they handle the legal aspects of your case.
Clients may turn to our neck injury attorneys for:
- Knowledge of Injury Cases — Our team has represented individuals with various accident-related injuries, including those affecting the neck and spine.
- Years of Practice — With decades of combined experience, our attorneys have handled cases throughout California’s courts.
- Case Review and Assessment — Our attorneys evaluate the facts, evidence, and damages, including medical bills, lost income, and the impact on daily life.
- Communication and Availability — We keep clients informed with updates, return calls and emails, and answer questions during the legal process.
- Negotiating with Insurance Companies — We address insurance negotiations and pursue available options for compensation under the law.
- Preparedness for Trial — If a settlement cannot be reached, we are ready to present cases in court.
$41,950,000.00
An attack that took place when a homeless man used an unsecured baseball bat in the Walmart store to attack a husband and wife who were shopping nearby. The jury found that Walmart was 50 percent liable for the attack, and the amount of the judgment against the company exceeded $30,000,000.– BRIAN BEECHER
Questions Clients Frequently Ask Our Neck Injury Attorneys
At Arash Law, our neck injury attorneys frequently receive calls and messages from individuals seeking legal advice. We’ve compiled answers to the most common questions we get. If you have specific inquiries, feel free to call us at (888) 488-1391 for a free, no-obligation consultation.
How Much Will It Cost To Hire A Neck Injury Lawyer Near Me?
Most neck injury lawyers take cases on a contingency fee basis. Under this arrangement, clients don’t have to pay attorney’s fees upfront. Instead, our lawyers get their payment from the settlements they recover.
That’s why our lawyers work on a contingency fee basis, providing professional legal representation to injured victims, regardless of their financial situation. Before you sign anything, we’ll walk you through our rates and fee structure for transparency.
How Come My Neck Pain Didn’t Appear Until Days After The Accident?
It’s common for neck pain to emerge days after an accident. This delayed reaction happens because adrenaline and other stress hormones released during trauma can temporarily mask pain. Even if you feel fine immediately after an accident, seeing a doctor to rule out serious injuries is crucial.
Neck injuries can be complex, and legal representation may be important when pursuing a claim. A lawyer can evaluate your situation, consider the medical evidence, and address the legal steps related to your injury.
Should I Accept The Insurance Money For An Accident?
It’s usually not advisable to accept the insurance company’s first offer. Insurance companies prioritize profit and often offer quick, low settlements that don’t reflect the full extent of your damages. Before agreeing to any settlement, consult with our experienced attorneys.
Insurance adjusters try to minimize payouts by extracting harmful statements and offering insufficient compensation. Our neck injury lawyers will handle all communications with the insurance company, review settlement offers, and assess them against the evidence and the law to help you make an informed decision.
How Much Can I Get From My Neck Injury Claim?
The potential amount you can get from your neck injury claim depends on several key factors, including:
- Severity of Injuries — More serious injuries that impact mobility or cause long-term damage often lead to higher settlements.
- Medical Fees — Your medical treatment costs, including emergency care, diagnostic tests, and medications, will also be factored in, along with expenses for long-term medical care like physical therapy, rehabilitation, or ongoing treatments.
- Pain and Suffering — Neck injuries can result in scarring or disfigurement that may be emotionally debilitating. Your neck injury lawyers will consider these when calculating your damages.
- Recovery Time — Neck injuries can take time to heal. The longer your healing process, the more significant the impact on your personal and professional life, limiting your quality of life and ability to earn a living.
Can I File A Wrongful Death Claim For A Loved One Who Died From A Neck Injury?
Yes, you can file a wrongful death claim if your loved one died from a neck injury caused by someone else’s negligence, recklessness, or intentional actions. California law allows specific family members or the deceased’s estate to seek compensation for the financial and emotional losses resulting from the wrongful death.
If successful, the decedent’s family may recover damages for:
- Medical expenses related to the injury before death.
- Funeral and burial costs.
- Loss of financial support (including lost wages and future income).
- Loss of companionship, love, and guidance.
- Pain and suffering of surviving family members.
Our neck injury lawyers also handle wrongful death claims, working with families to address the legal process and pursue available options under California law.
How Long Will My Neck Injury Claim Take To Settle?
Settling a neck injury claim can take several months to several years, depending on various factors. The severity of your injury influences the timeline, the case’s complexity, the investigation’s length, and how negotiations unfold. While some claims reach a quick resolution, others may take longer due to disputes over liability, medical treatments, or settlement offers.
How Will I Be Paid If Lawyers Win My Neck Injury Case?
Your neck injury lawyer will distribute the funds from a client fund account. After attorney fees are paid, the law firm will arrange for the remainder to be sent to you.
In some cases, the way funds are distributed depends on factors such as liens for medical treatment, reimbursement to insurance providers, or other financial obligations connected to the injury. Once those obligations are resolved, the remainder is released to you.
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Deadlines To File A Neck Injury Case
The statute of limitations dictates how long an injured individual has to bring a case to civil court. In California, accident victims have two years to file for a personal injury suit. Missing this crucial deadline can result in losing your right to pursue compensation.
Generally, the “clock” starts to run on the day the injury occurred. However, there are specific exceptions that may extend or shorten this timeline:
- Government-Involved Cases — If a government entity is involved, claims must be filed within six months of the accident.
- Minors or Mentally Incapacitated Victims — The statute of limitations may be tolled (paused) until the minor reaches legal adulthood or the incapacitated person regains mental competency.
- Delayed Discovery — If an injury or its cause is not immediately apparent, the clock may start when the victim reasonably discovers (or should have discovered) the injury.
- Military Deployment — The statute of limitations for cases involving active-duty military personnel may be tolled during their period of service, providing additional time to file claims after returning from deployment.
If you have questions regarding the filing timeline for your case, you can fill out our contact form. Our neck injury attorneys are available 24/7 to clarify any concerns you have.
Understanding Neck Injuries
The neck is a vital part of your anatomy; it’s also extremely fragile. According to trauma research published in the Journal of Surgical Research, traumatic neck injuries vary dramatically in severity based on three critical factors: the precise location of impact, the magnitude of force involved, and the mechanism of injury (whether blunt trauma, penetrating injury, or hyperextension/hyperflexion movements).
Made up of seven spinal bones or vertebrae (C1-C7), the neck is divided into three parts: Zones 1, 2, and 3, corresponding to the lower, middle, and upper neck area. Zone 1 injuries carry the highest mortality risk due to proximity to critical blood vessels and the thoracic cavity. In contrast, Zone 2 injuries occur most frequently.
Watch for these warning signs of neck injury after an accident:
- Neck pain, stiffness, or discomfort (significantly worsening over days).
- Limited range of motion when turning or tilting your head.
- Muscle spasms in the neck, shoulders, or upper back.
- Persistent headaches, particularly at the base of the skull.
- Radiating pain in the shoulders, arms, or upper back.
- Numbness or tingling in arms, hands, or fingers (possibly due to pinched nerves).
- Weakness in arms or hands.
- Balance or coordination problems.
- Difficulty swallowing or hoarseness.
- Impaired breathing (requires immediate emergency care).
- Loss of bladder/bowel control (requires immediate emergency care).
Neck injuries are often painful, and without treatment, they can result in a permanent loss of mobility, sensation, and function. Furthermore, these injuries usually result in high medical costs and other financial issues.
Many people look for free accident lawyer advice after an injury. Our California neck injury attorneys provide free initial consultations to review your situation and discuss available legal options.
Incidents Associated With Neck Injuries
Our California accident attorneys assist victims of neck injuries and address the legal process based on the facts of each case. Identifying the cause of an accident is an important step in establishing liability and pursuing available legal options.
Some of the common accidents that may result in neck injuries include:
Motor Vehicle Accidents
Vehicle collisions remain the leading cause of neck injuries nationwide due to the sudden acceleration-deceleration forces that violently thrust the head forward and backward (whiplash mechanism). According to research published in Accident Analysis & Prevention, approximately 869,000 traffic-related neck injuries are treated in U.S. hospitals annually, with rear-end collisions being hazardous.
The Insurance Institute for Highway Safety reports that despite improved vehicle safety features, neck sprains and strains remain the most frequently reported injuries in all crash types, affecting up to a third of accident victims. These statistics likely underrepresent the true scope of the problem, as many injuries go unreported or develop symptoms days after the accident.
Car accident lawyers who also handle neck injury cases can review these situations and address the legal options available under California law.
Slips, Trips, And Falls
Slip-and-fall accidents constitute some of the most common neck injury cases our attorneys handle, typically falling under premises liability law. These incidents occur when property owners fail to maintain safe conditions or warn visitors of hazards. Victims often sustain neck injuries through direct trauma (hitting the head on the ground or objects), through the whiplash effect during the fall, or through sudden twisting movements while trying to catch themselves.
According to the National Floor Safety Institute, falls account for over 8 million emergency room visits annually, with wet floors, uneven surfaces, poor lighting, inadequate handrails, and unmarked hazards being the most common causes. These dangerous conditions frequently occur in high-traffic areas such as grocery stores, shopping malls, restaurants, hotels, apartment complexes, and public parks.
Workplace Incidents
While any worker can sustain neck trauma, those in physically demanding occupations face elevated risks. Construction workers, warehouse employees, healthcare providers, and manufacturing personnel experience the highest rates of neck injuries due to their frequent exposure to hazardous conditions. According to the Occupational Safety and Health Administration (OSHA), the following workplace accidents commonly cause neck trauma:
- Falls from heights (particularly in construction, where they account for 36.4% of fatal injuries).
- Slip-and-fall incidents on same-level surfaces.
- Being struck by falling objects or moving equipment.
- Heavy machinery accidents and equipment malfunctions.
- Vehicle collisions in transportation and delivery roles.
- Patient handling incidents in healthcare settings.
Workers may develop neck injuries through repetitive strain or sustained awkward postures rather than acute trauma. These repetitive strain injuries (RSIs) involve gradually deteriorating muscles, tendons, nerves, and other soft tissues due to overuse or poor ergonomics. Office workers, computer programmers, assembly line workers, and others in sedentary occupations often develop conditions like cervical radiculopathy, cervical spondylosis, and thoracic outlet syndrome.
According to the CDC, work-related musculoskeletal disorders, including neck RSIs, account for nearly 70 million physician office visits annually. These conditions qualify for workers’ compensation when neck injury lawyers can demonstrate the direct connection between job duties and progressive injury.
Defective Products
Neck injuries can result from defective products that fail to provide proper support or function as intended.
For example, headrests in cars are designed to stabilize the head in the event of a collision. Still, a faulty or improperly designed headrest may increase the risk of whiplash or other neck injuries.
Other faulty products that can contribute to neck injuries include:
- Airbags — While airbags protect occupants in a crash, a defective airbag that deploys too forcefully or at the wrong time can cause neck trauma.
- Seatbelts — A malfunctioning seatbelt that fails to properly restrain or lock unexpectedly can cause sudden neck movements, leading to injuries.
- Sports Equipment — Helmets and other protective gear that do not meet safety standards can fail to prevent or even worsen neck injuries.
- Safety Devices — Defective child car seats, workplace harnesses, or medical neck braces can fail to provide necessary support, increasing the risk of injury.
When manufacturers produce faulty products that contribute to neck injuries, victims may have the right to seek compensation through a product liability claim with the help of skilled neck injury lawyers.
Sports Injuries
As cited on the American Association of Neurological Surgeons website, a U.S. Consumer Product Safety Commission (CPSC) report stated that 3,194 out of 23,720 neck fractures were treated in emergency rooms in 2018. Contact sports, such as wrestling, boxing, football, and hockey, can lead to severe neck injuries and complications, especially when left untreated.
Assault
Acts of physical violence, including assaults, can lead to severe neck injuries. Forceful blows, direct trauma, or strangulation can cause damage to the muscles, ligaments, and vertebrae in the neck. In some cases, a sudden twisting motion or excessive force applied to the neck can result in whiplash, fractures, or even spinal cord injuries. Strangulation, in particular, can lead to life-threatening conditions, including oxygen deprivation and long-term neurological damage.
Medical Malpractice
Medical negligence can also cause severe neck injuries. Errors such as improper intubation during surgery, incorrect patient positioning, or excessive force applied during chiropractic adjustments can result in muscle strain, nerve compression, or vertebral misalignment. In more severe cases, medical malpractice can lead to permanent damage, such as herniated discs or spinal cord injuries, which may cause chronic pain or limited mobility. Patients who suspect that a medical professional’s negligence contributed to their neck injury should seek both medical and legal guidance to address their condition and explore potential compensation options.
How Lawyers Prove Liability In A Neck Injury Claim
If you’ve suffered a neck injury due to someone else’s negligence, proving liability is critical to building a case. Neck injury lawyers must establish four key elements:
Duty of Care
Everyone has a legal responsibility to act reasonably and avoid causing harm to others. This is known as the duty of care. In many situations, this duty is implied, such as drivers being required to follow traffic laws to ensure road safety.
In some cases, a higher duty of care applies. For instance, commercial truck drivers are held to stricter safety standards due to the size and weight of their vehicles. If a reckless trucker hits your car, they may be found violating their elevated duty of care. By proving that the at-fault party owed you a duty of care and failed to uphold it, your neck injury lawyer can present a stronger basis for your claim under the law.
Breach Of Duty
A breach of duty occurs when someone fails to uphold their legal responsibility. This happens when a person acts carelessly or recklessly, putting others at risk.
For example, a driver who speeds through a red light violates their duty of care because they are not exercising reasonable caution to prevent harm.
Causation
To establish legal responsibility for a neck injury, it must be shown that another party’s negligence directly caused the harm. This element is known as causation. Neck injury lawyers collect and present evidence to demonstrate the connection between the accident and the injury, but it is ultimately up to the court to determine liability. Evidence may include:
- Accident reports
- Medical records
- Expert testimony
- Photos and video evidence
Damages
Next, you must demonstrate that the accident directly caused measurable physical, emotional, or financial damages. These damages can include:
- Medical Expenses — Hospital visits, surgeries, physical therapy, chiropractic care, specialized equipment, and other past, current, and future treatments.
- Home Modifications — Changes to your residence to accommodate mobility limitations.
- In-Home Care Services — Professional assistance for daily activities during recovery.
- Lost Wages — Compensation for missed work due to the injury.
- Reduced Future Earning Capacity — If the injury affects your ability to work long-term.
- Property Damage — Repair or replacement costs for personal belongings damaged in the accident.
- Pain And Suffering — Physical pain, emotional distress, and psychological trauma.
- Loss of Enjoyment of Life — If your injury prevents you from engaging in activities you once enjoyed.
- Loss of Consortium — Impact on relationships with a spouse or family.
If your neck injury resulted from an accident caused by someone else’s negligence, the at-fault party may be legally responsible for covering these damages. A successful claim can help you recover medical costs, lost income, and compensation for pain and suffering.
What To Do If You Suspect A Neck Injury
Following an accident, such as a slip-and-fall, car accident, or another incident, you might experience discomfort and other symptoms. If you suspect a neck injury, the following steps are advisable:- Go To The Hospital — Some neck injuries aren’t immediately apparent due to delayed symptoms. Prompt medical attention can help rule out injuries and initiate treatment if injuries are observed.
- Follow Your Doctor’s Orders — Adhere to prescribed treatments, including medication, physical therapy, or lifestyle adjustments. Additionally, give yourself time to heal. Take the time to immerse yourself again in your daily activities.
- Document Everything About Your Injury And Recovery — Create a comprehensive record including:
- Daily pain journal noting intensity, location, and limitations.
- Photos of visible injuries and bruising (updated regularly).
- All medical records, diagnostic reports, and treatment plans.
- Prescription medications and receipts.
- Correspondence with insurance companies.
- Work absence documentation and wage loss verification.
- Activities you can no longer perform or that cause pain.
- Names and contact information of witnesses.
- Property damage photos, if applicable (especially vehicle damage). This detailed documentation provides crucial evidence for insurance claims and legal proceedings.
- Explore Your Legal Options — If your injury was caused by an accident or someone else’s negligence, look for a skilled California neck injury attorney to help you build a case. They can review your situation, explain your rights under the law, and address potential claims related to medical expenses, lost income, and other damages.
Neck Injury Statistics
Research from the National Highway Traffic Safety Administration reveals that each year in the United States, motor vehicle accidents (MVAs) alone cause approximately:
- 841,000 cases of whiplash injuries.
- 2,800 spinal disk injuries.
- 23,500 fractures.
- 2,800 spinal cord injuries.
- 1,500 dislocations.
Research published in the European Spine Journal shows that neck injuries from car crashes frequently result in long-term complications, with approximately 50% of whiplash victims still experiencing significant pain and limitations one year post-accident. This chronic neck pain presents diagnostic challenges for medical providers because occasional neck discomfort is already common in the general population, making it crucial to establish clear documentation linking your symptoms to the accident.
A study analyzing chronic neck and back pain in nine U.S. states found that 37% of people with chronic pain traced their symptoms back to a car accident. Here’s how other factors contributed to chronic pain among the study’s participants:
- 27% were of a gradual onset (no apparent cause).
- 7% were from lifting heavy objects.
- 7% were from sports injuries.
- 5% were from falls.
- 17% were from other unspecified reasons.
This study further supports the idea that whiplash can have long-term consequences. Many individuals with chronic neck and back pain reported their symptoms starting after a car accident, suggesting that “late whiplash” is more prevalent than previously thought.
Neck injury lawyers in California work with medical records, evidence, and accident details to assess how such injuries may be connected to a legal claim.
Turn To Neck Injury Lawyers For Representation
Neck injury claims require careful attention to medical evidence, accident details, and applicable laws. The attorneys at Arash Law handle these cases by gathering documentation, coordinating with medical providers, and preparing claims for settlement negotiations or court proceedings. Fees and case costs are collected only if a recovery is obtained.
Since deadlines can affect your ability to pursue a claim, it’s important to act promptly. Call Arash Law at (888) 488-1391 for a free consultation, or submit our “Do I Have a Case?” form. Our team will review the facts of your case and explain your legal options.
