Do This After A Neck Injury In A Car Accident

Introduction

If you want maximum compensation for your neck injury sustained in a car accident, you need to play your cards right. An insurance company will not pay you maximum compensation unless you have taken certain actions following the car accident. In this video, I'm going to tell you what you should consider doing for your neck if you have sustained a neck injury due to a motor vehicle accident. Here at Meagher Injury Lawyers we offer a free consultation, feel free to reach out to discuss your case further.

Samantha's Story

To illustrate my point, let me tell you the story of my past client, Samantha. Samantha's car accident happened while she was stopped due to traffic on the highway when a vehicle behind her struck another vehicle, pushing that vehicle into Samantha's vehicle. The at-fault driver's insurance company accepted liability.

Initial Steps and Treatment

Samantha first called me months after her car accident. She had been receiving chiropractic treatment for her neck and lower back. Her chiropractor encouraged her to seek legal representation, so she called me. When I first agreed to take on the case, I immediately gathered Samantha's medical records for the treatment she had completed to date. I noticed she had an MRI on her neck. The MRI indicated that Samantha had disc protrusions at C4-5 and C5-6 levels in her neck. A disc protrusion, commonly known as a disc bulge, occurs when the spinal disc and associated ligaments are intact but may form a bulge that will press on the spinal nerves. This condition causes pain in the neck, shoulder, and arms.

Settlement Negotiations

With this objective diagnostic testing revealing that Samantha had sustained injuries to her neck, I was now in a position to initiate settlement negotiations with the other driver's insurance company. I demanded that the other driver's insurer pay the policy limits. They did, but we weren't done yet. Samantha had underinsured motorist coverage on her automobile policy, which allowed her to pursue an additional claim for her injuries since the other driver did not have enough insurance to cover her damages. After we settled with the other driver's insurance company for the policy limits, I sent a written complaint to my client's underinsured motorist insurance carrier. The underinsured motorist insurer responded with an offer of only $22,000. Confident that Samantha's claim was worth more, I filed a lawsuit sticking with the demand for the underinsured motorist policy limits. The underinsured motorist insurer finally offered to pay out the underinsured motorist coverage policy limits. Samantha was very pleased.

Key Steps Samantha Took

Looking back on her case, Samantha took several steps in the right direction when treating her neck injury:

1. Went to the hospital emergency room: She sought immediate medical attention.
2. Got consistent medical treatment: Samantha went to several chiropractic treatments for her neck following her accident. Consistently treating your neck pain is crucial. It provides a record trail of the problems you have been experiencing since your accident and is in your best interest for your health.
3. Got an MRI on her neck: The MRI provided objective evidence of injury to her neck, revealing that she had two disc bulges.
4. Saw a specialist: Samantha eventually saw a neurosurgeon for her neck pain. While she never ended up having surgery, consulting with a neck specialist showed that her neck pain was serious enough to warrant seeing a neurosurgeon.

Additional Steps Samantha Could Have Taken

While Samantha took several steps to help her case, she also failed to take some steps that could have improved the value of her case:

1. Immediate hospital visit: While she did go to the hospital, she didn't go until the day after the accident. If you're having neck pain following a motor vehicle accident, it is highly recommended you go to the hospital in an ambulance from the scene of the accident.
2. AO-MSI diagnosis: Samantha was not treated by a medical professional who took steps to try to diagnose whether or not she sustained an AO-MSI injury to her neck. AO-MSI stands for Alteration of Motion Segment Integrity, which is one of the highest and most severe trauma injuries recognized by the American Medical Association in automobile accidents. An AO-MSI injury is caused when ligaments and supporting structures of the spine are damaged, stretched, or torn. It is a permanent injury that can lead to loss of range of motion in the spine. Research suggests that 65% of individuals involved in car accidents sustain an AO-MSI injury. Had Samantha been diagnosed with AO-MSI, it could have increased the value of her case.

Conclusion

At the end of the day, it worked out for Samantha as we got all the available insurance policy limits. But had there been more insurance money available, we could have potentially gotten even more, especially had she taken these last steps. If you take the actions I've discussed in this video, if you sustain a neck injury in a motor vehicle accident, it can increase the value of your case, even if you don't end up having to have surgery. Simply put, an insurance company will respect your claim more if you take these actions, which in the end can lead to a bigger payday.

Next Steps

Now that you know certain steps you can take with your medical treatment that can not only possibly improve your health but also improve the value of your neck injury claim is great and all. But what if I told you there are even more things you can do with the handling of your car accident injury claim to help maximize the settlement value of your case? In this video about to pop up here, I'll tell you 5 tips that can help you maximize the value of your car accident injury settlement. Lastly, if you've been injured in a car accident, slip or trip and fall incident, or dog attack incident in Kentucky, remember: don't wait, call Tate.