Neck injuries can vary in severity. Victims could suffer a temporary soft tissue injury or a serious and permanent spinal cord injury. Texas law allows you to hold the at-fault party responsible for the full cost of your injuries and other damages, no matter the severity. A neck injury lawyer in Houston, TX, can help you recover this compensation by filing a third-party liability insurance claim or a personal injury lawsuit.
The legal team at D. Miller & Associates, PLLC, offers complimentary case reviews and consultations. We can help you understand your options for compensation, and offer advice and guidance along the way. If we believe you have a strong case against the person who caused your Houston accident, we will handle your case on a contingency basis. That means you pay us nothing until we recover the money you deserve.
Call us today at 713-850-8600 for your free initial consultation.
Damages Available After a Houston Neck Injury
Because neck injuries can vary so widely, we need to fully investigate your case before we can determine how much your claim might be worth or exactly what types of damages might be available. A spinal cord injury that leads to permanent impairment requires a different level of care and calls for a different level of compensation than a whiplash injury, even if you develop chronic pain.
After we investigate your accident and review your medical records, we can give you a better idea of the damages we may be able to recover in your case. Until then, we can offer you a look at some of the most common types of damages we recover for clients who suffered a neck injury after a Houston accident. These clients are often able to recover compensation for:
- Medical care;
- Rehabilitation and physical therapy;
- Prescription drug costs, including pain management;
- Costs associated with mobility or medical equipment;
- Ongoing or future medical care costs;
- Lost wages for missed work;
- Future lost income and benefits;
- Repair or replacement of a car, or other property;
- The cost of a rental car, if necessary; and
- Pain and suffering damages.
The key to getting the full compensation you deserve in this type of case—beyond proving the other party caused the accident—is to provide documentation of the extent of your injuries. If the accident broke the bones in your neck and damaged your spinal cord, this will show up on medical imaging. Less severe soft tissue injuries of the neck, shoulders, and upper back, however, are more difficult to prove. Insurance companies and even the court system often try to downplay the potentially serious nature of neck injuries like whiplash.
We can help you collect all the medical documentation available to show the full extent of your injuries and how they affect your everyday life. If the insurance company balks at our attempt to recover compensation for this type of injury, we will not hesitate to litigate the case and provide our evidence to the court.
Proving Negligence and Liability in Your Neck Injury Case
Before we can file an insurance claim or a personal injury lawsuit, we must identify the liable party and prove they caused your accident and injuries. In most cases, accident victims have a good idea who they think caused their accident before they ever leave the scene. However, we will need to provide proof this person is at fault and liable for your injuries.
Proving fault hinges on negligence. There are four specific elements of negligence, and we will need to prove each to win your case. For example, in a car accident case, we will need to show:
- The driver had an obligation to follow traffic laws and drive in a manner that did not endanger others;
- The driver failed to drive in a responsible, careful, and reasonable way;
- This failure caused the crash, and your neck injuries; and
- You suffered physical and financial damages because of the wreck.
Some of the evidence we may need to collect to prove negligence and liability includes:
- The police report from the officers who responded to the crash;
- Evidence of any citations issued to the other driver;
- Documentation of the scene, either by you or a survey team;
- An examination of all the cars involved in the crash;
- The findings of an accident reconstruction specialist;
- Testimony from any witnesses; and
- Your medical records and other supporting documentation.
These same general principles apply to other types of personal injury accidents, as well. Boat drivers, property owners, and others also have a responsibility to keep other people safe in some situations.
Time Limits for Filing a Neck Injury Lawsuit in Texas
Under the Texas statute of limitations, you have two years from the date your injuries occurred to take civil action against the at-fault party.
We can usually negotiate a fair settlement with the at-fault party’s insurance company because we retain the right to file a lawsuit if negotiations are unsuccessful. If we no longer have to option of filing a lawsuit in your case, we lose this important leverage.
Contact a Neck Injury Lawyer in Houston About Your Accident.
The lawyers at D. Miller & Associates, PLLC, will work hand-in-hand with you to fight for a full payout to cover your medical care, lost wages, pain and suffering, and other damages. If you suffered a neck injury in a Houston car crash or another accident, we are here to help. We can review the facts of your case and explain your options for compensation. Our initial case evaluations are always free, and we handle these cases on contingency.
Call us today at 713-850-8600 to get started.