An attorney can explain how to sue for a neck injury after an accident and help you seek fair compensation from a negligent party. Whether you suffered your neck injury in a car accident, workplace accident, or another incident, the process usually begins with an investigation and evidence gathering.
Your Lafayette neck injury lawyer may then file an insurance claim or take legal action in the form of a personal injury lawsuit. Building a strong case often involves proving the at-fault party’s negligence, establishing the extent of your injuries, and documenting your damages, such as medical expenses, lost income, and pain and suffering.
Understanding the steps in this process can prepare you for what to expect and improve your chances of recovering compensation.
Who You May Be Able to Sue for a Neck Injury After an Accident
If you suffered a neck injury in an accident, determining who may be held liable is a crucial step in seeking compensation. Liability often depends on the circumstances of the accident, the involved parties, and whether negligence played a role.
For example, auto collisions can cause neck injuries, especially whiplash. In these cases, the at-fault driver may be held liable for their negligence, such as speeding, distracted driving, or running a red light. A Lafayette car accident lawyer can help you hold a liable party, such as an at-fault driver or an employer, accountable.
Similarly, property owners can be liable for neck injuries resulting from slip and fall accidents. If your injuries occurred at work, a third-party contractor may be liable. No matter the circumstance, a Lafayette personal injury can help you establish the liability of a negligent party and seek recovery through a claim or a lawsuit.
Laborde Earles injury was great for me they took care of me very fast and professional. If for any reason I need legal help they will be who I use.
ClientFiling a Neck Injury Claim or a Personal Injury Lawsuit
A neck injury case may begin with filing an insurance claim or pursuing a personal injury lawsuit. The choice between these two approaches depends on the circumstances of your case, the severity of your injuries, and the at-fault party’s willingness to cooperate.
Seek medical attention after any accident, even if you do not have symptoms. Some neck injuries, like whiplash, have delayed symptoms but can lead to long-term complications if left untreated.
Filing an Insurance Claim
In many neck injury cases, the first step is filing a claim with the at-fault party’s insurance company. For example:
- In a car accident, you may file a claim with the negligent driver’s auto insurance.
- If your injury occurred on someone else’s property, you would file a claim with their homeowner’s or business liability insurance.
- In workplace accidents, workers’ compensation insurance typically covers medical expenses and a portion of lost wages.
After filing your claim, the insurance company will investigate the accident and assess your damages. Your attorney can help you compile evidence, such as medical records, accident reports, and witness statements, to support your claim.
Insurance companies may minimize payouts or deny claims altogether, so having legal representation ensures your rights are protected during negotiations. If the insurance settlement offer does not fully cover your losses, you may need to escalate the matter by filing a personal injury lawsuit.
Filing a Personal Injury Lawsuit
When insurance negotiations fail, or the at-fault party denies liability, filing a personal injury lawsuit is often the next step. A lawsuit allows you to seek compensation through the legal system. The process involves:
- Filing a complaint: Your attorney will draft and file a formal complaint with the court, outlining your case and the damages you are seeking.
- Discovery phase: Both sides exchange evidence and information about the case. This may include depositions, medical records, and accident reports.
- Negotiations or mediation: Many cases are settled before going to trial, even after a lawsuit has been filed. Mediation or continued negotiations may lead to a resolution.
- Trial: If no settlement is reached, the case goes to trial, where a judge or jury decides the outcome.
I thank God for Digger & David. I don’t know what we would have done if it hadn’t have been for them.
Rick Smith | ClientCompensation in a Neck Injury Case
Whether through an insurance claim or a lawsuit, you may be eligible to recover compensation for:
- Current and future medical expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Costs of rehabilitation and therapy
- Emotional distress
An experienced attorney can guide you through the entire process, whether you are filing a claim or pursuing a lawsuit. They can ensure all deadlines are met, handle negotiations, and gather the evidence needed to strengthen your case. Knowing your legal options and rights can help you make informed decisions about how to move forward after a neck injury.
The reassurance from Digger and his staff gave me that renewed hope that it’s going to be okay down the road.
ClientYou Have a Legal Deadline to Sue for a Neck Injury
If you are considering filing a lawsuit for a neck injury, it is important to act within the legal deadlines set by Louisiana law. As of July 1, 2024, Louisiana has extended the time frame to file most personal injury claims, including neck injuries, to two years from the date the injury occurred. This change, enacted under HB 315, Act 423, provides additional time to gather evidence, seek medical treatment, and consult with legal counsel before initiating a claim.
However, it is important to note that product liability claims remain governed by the shorter one-year statute of limitations. Failing to file your lawsuit within the applicable deadline could result in your case being dismissed, leaving you unable to recover compensation for medical expenses, lost wages, and other damages.
Consulting with a personal injury lawyer early in the process can help ensure you meet all legal deadlines and protect your right to pursue compensation.
They treated us like no other people would. Whenever we needed something they were there for us. I put my trust in them and I don’t regret it.
ClientLet Our Neck Injury Lawyers Help You Sue After an Accident
At Laborde Earles, we understand the challenges you face after a neck injury and are here to help you navigate the legal process. If you’re wondering how to sue for a neck injury after an accident, our experienced team is ready to guide you every step of the way.
We have recovered over $1 billion for our clients, and we are committed to helping you seek the compensation you deserve for your medical expenses, lost wages, and pain and suffering. Contact Laborde Earles today for a free consultation. You don’t have to face this alone—our team is here for you.