You should always wait until you have reached the maximum point of medical improvement and then give it a few more weeks to see how you feel.
San Diego, California Neck injuries are among the most common types of injuries in motor vehicle accidents, especially in rear-end collisions. In a high-speed collision, rapid backward and forward movement can damage various parts of the neck – ligaments, tendons, muscles or vertebrae. If you’re lucky, you might get away with a strained muscle, but severe damage to the spine can lead to partial or complete paralysis.
Neck injuries often require a lot of tests (X-rays, MRI, CT scans, etc.) to pinpoint the exact problem, depending on what you may need not only bed rest but physical therapy, rehabilitation programs or surgery. All of this costs a lot of money and accident victims are under tremendous pressure to find a way to pay their rising bills. Accepting a quick settlement from the insurance company may seem like an ideal solution, but it can be a mistake with serious financial consequences. Before you even consider accepting a settlement, talk to a good neck injury attorney in San Diego to understand the value of your claim and what’s at stake.
Why do lawyers insist on achieving the utmost in medical improvement?
First of all, what is this ultimate medical improvement point? Basically, it’s the moment your doctors tell you that this is as good as it is. After months of treatment, the doctors have reached a point where there is nothing they can do – either you have fully recovered or you will be left with a host of symptoms or weakness that will plague you for the rest of your life.
This is when you should consider a settlement as at this point you know where you are.
Consider, for example, a non-life-threatening injury such as a herniated disc. Your doctors will prescribe pain relievers, cortisone injections, neuropathy medications, and even opioids. They may also recommend physical therapy and will assure you that you will be back on your feet in six weeks, two months at the most. If you take their word for it and agree to a settlement based on your current medical expenses, what happens if at the end of the two months you’re still in terrible pain and have limited range of motion? At this point, doctors may tell you that the only solution is surgery to remove the protruding portion of the disc and graft the bone. It sounds intimidating, but the bill will be even more intimidating, and who is going to pay for it? Not the insurance company since I already settled the claim.
That’s why you should always wait until you reach the maximum point of medical improvement and then give it a few more weeks to see how you feel.
What Kind of Damage Can You Claim for a Neck Injury?
In the case of severe injury, you should first worry about medical expenses that fall within economic damage. California personal injury attorneys will keep track of all hospital bills, as well as costs for medications, home care and home modifications if needed.
Lost wages also fall into economic damage, but again you will have to think about the future, not just the money you lost until the moment you file your claim. Perhaps you will need more time off from work, or in severe cases, you may not be able to return to work at all. Your attorneys will calculate the value of your lost earnings and include that money in your claim.
When you sustain a serious injury that causes a lot of pain and limitations, you are entitled to seek non-economic damages as well. You’ll need experienced lawyers to put a price on something intangible like physical pain and mental suffering, for which you can’t file any bills.
Keep in mind that in California, there is no upper limit for non-economic damages from car, truck, motorcycle, or boat accidents. The only exception refers to personal injury claims related to medical malpractice. In such cases, the maximum non-economic damages are $250,000.
Bottom line, if you have an experienced personal injury attorney, they can command a significant amount in non-economic damages. If you don’t, you may be shocked to hear the insurance official say your pain is hardly worth a few thousand dollars or even accuse you of faking it.