How Much Compensation Can I Get for a Neck Injury?
Legal Disclaimer: The following values are based on prior cases and should not be interpreted to imply or guarantee that your personal injury claim or lawsuit will have a similar resolution. The circumstances of every accident and the resulting injuries are very different, and only after reviewing your matter in a detailed legal consultation can an attorney give legal guidance. Moreover, a jury will determine the final value of your case.
This article will help to give you an idea of how much compensation may be available for a neck injury in Utah, and the facts that must be proven in order to get compensated. However, if you or one of your family members is suffering from whiplash, cervical fractures, or other neck injuries, you should consult with an experienced personal injury attorney as soon as possible. Your Utah whiplash lawyer will protect your rights, handle your legal paperwork, compile evidence of your injuries, determine what sort of legal strategy is most appropriate for your case, and fight aggressively to recover the maximum compensation.
What Does a Utah Injury Victim Need to Prove to Get Compensated?
Serious neck injuries can occur for a number of reasons. Some common causes include:
- Car Accidents
- Truck Accidents
- Pedestrian Accidents
- Bus Accidents
- Motorcycle Crashes
- Rear-End Collisions
- T-Bone Accidents
- Construction Site Accidents
- Slip and Fall Accidents
- Medical Malpractice
- Dog Bites
- Defective Products (Product Liability)
- Swimming Pool Accidents
- Subway Accidents
- Property Hazards (Premises Liability)
If your injury occurred because of another person’s negligence, it may be possible to recover compensation.
In personal injury law, negligence describes a failure to exercise due care, leading to the infliction of preventable injuries. In order to hold another party liable for your injury, you must use evidence to prove that he or she was negligent. Depending on the situation, sources of evidence may include:
- Expert Testimony
- Eyewitness Testimony
- Medical Records
- Photographs and Film Footage
- Police Accident Reports
You will need to prove four basic facts in order to get compensated for your neck injury:
- You were owed a “duty of care.”
- The duty of care was breached (“breach of duty”).
- The defendant caused your accident (“causation”).
- Your accident resulted in harm (“damages”).
You must present a “preponderance of the evidence,” which means you must prove it is more likely than unlikely that you were injured because of another person’s negligent acts.
Is it Better to Negotiate a Settlement or File a Lawsuit?
There are two ways to get compensated for a negligently inflicted injury. Depending on the situation, the victim may make an insurance claim, or file a personal injury lawsuit against the negligent party.
Most claims are resolved through an out-of-court settlement after several months of negotiation, though in some cases, litigation becomes necessary. A skilled attorney will negotiate aggressively and persistently on your behalf, but will also be prepared to take your case to court if the insurance company denies liability.
It is important to be firm and patient when negotiating with a claims adjuster. At the end of the day, the insurance company’s goal is to pay as little as possible in order to save itself money. Some insurers even resort to “bad faith” tactics, like ignoring phone calls or refusing to settle without a valid reason. Your attorney will watch out for bad faith insurance tactics and protect your rights from being violated.
How Much Compensation Can You Get for an Accident in Utah?
Compensation received from a personal injury lawsuit is called “damages.” There are several types of damages:
- Non-Economic Damages — Compensation for pain and suffering.
- Economic Damages — Compensation for financial losses, like lost earnings and medical bills, potentially including:
- Ambulance Transportation
- Medical Devices
- Physical Therapy
Economic and non-economic damages are both examples of compensatory damages, because they compensate the victim. There is another category called punitive damages, which punish the defendant for egregious misconduct. Punitive damages are not available in all cases, but your attorney will aggressively pursue the greatest amount of compensation possible.
Unlike many other states, Utah does not limit non-economic damages. Economic damages do not have a cap, either. The amount you can recover depends on the severity of your injury, the earnings you lost, the extent to which you were at fault for the accident, and other factors.
Verdicts and Settlements from Whiplash Neck Injury Claims
Examples of neck injuries in personal injury cases include:
- Broken Neck (Cervical Fracture) and Paralysis
- Cuts and Lacerations
- Herniated Disc Injuries
- Soft Tissue Injuries
- Thyroid Surgery Malpractice
- Whiplash (Strained/Sprained Neck)
The following are real examples of jury verdicts and personal injury settlements resulting from neck injury cases around the country:
- Cervical Fracture (Broken Neck)
- $2.3 million
- Cervical Herniated Disc
Our Salt Lake City Accident Lawyers Can Help
If you suffered a neck injury in Utah due to another person’s careless actions, he or she may be liable for compensating your medical bills and other expenses, including expenses and losses you are expected to incur in the future. To find out if you might have a claim for your whiplash injury or other type of neck injury, call Salt Lake City whiplash lawyer Darwin Overson at (801) 895-3143 for a free consultation. Darwin handles cases throughout Utah.