Neck Injury After Car Accidents: How to File a Claim

In 2023, there were 13,487 total traffic accidents in Wyoming. Of these, 2,384 resulted in injuries. A neck injury after car accidents is one of the most common issues that people face in collisions, with everything from whiplash to cervical spinal injuries potentially impacting your finances and your life.

If you have suffered an injury to the neck in a crash, one of the ways that you can recover your losses is to file a personal injury claim. Learn more about how to start the process and why having an attorney is so important.

Common Neck Injuries in Car Accidents

The most common neck injury you can sustain in a motor vehicle accident is whiplash. Whiplash occurs when your head moves rapidly back and forth, straining the muscles in the neck. The symptoms can take hours or even days to appear and may not be obvious in the immediate aftermath of a motor vehicle accident.

One common neck injury after car accidents that can leave you with significant pain is a herniated disc. The impact of the crash can cause the gel cushions between your spinal vertebrae to slip out of place in the neck region. This can limit your range of motion.

Cervical fractures can also occur, especially in accidents that occur at high speeds. If a vertebra in the neck area of your spine breaks, you could suffer not only pain but also paralysis.

Neck strains and other soft tissue injuries are possible. These impact your ligaments, tendons, and muscles, resulting in pain, stiffness, and muscle spasms.

Symptoms to Watch For

Although each type of neck injury has its own symptoms, there are some common ones that you may experience with all of them. These include:

• Stiffness
• Limited range of motion
• Swelling
• Headaches
• Nausea
• Dizziness
• Muscle spasms
• Pain

These symptoms can begin days after the accident takes place because inflammation is what causes the majority of them. In severe cases of neck injuries, you may experience weakness in your arms and legs. This could be a sign of a damaged spinal cord, so it’s vital that you seek medical attention quickly.

Seek Medical Attention Immediately

Getting medical care is the most important step you can take if you suffer a neck injury. After car accidents, it’s vital that you get assessed right at the scene of the crash by paramedics, and if you experience symptoms later on, go to your doctor.

The sooner that you get an accurate diagnosis regarding the neck pain you feel, the faster you can begin treatment. Additionally, this allows you to have a record of the injury from the start.

Document Everything

To file a claim and receive compensation, you must show that the car accident injuries you suffered were significant enough to require medical care. To do so, you need as much evidence as possible, and that means documenting everything.

Ensure you get a copy of the police report from the accident and that your medical records include every treatment you’ve received. Additionally, take photos at the scene of the accident, and get witness statements to corroborate your claim.

Understanding Wyoming’s Fault Laws

Wyoming has a fault-based system for traffic accidents, which means you must demonstrate that the other party was negligent in their conduct before you can file a claim against them.

The state has modified comparative negligence laws, however, so you can be partly responsible for the crash and still recover as long as you’re not more than 50% to blame.

If you were partly at fault, however, your compensation will be reduced by your degree of fault. This can significantly impact how much you receive, so presenting enough evidence to show that you were not to blame is vital.

Filing an Insurance Claim

You should also contact your own insurance company and let them know that you were in an accident. Your insurer will tell you what documents they will need to begin the investigation. Make sure to cooperate fully as they begin assessing the accident, since that can help speed up the process.

Insurance companies — especially the insurance company for the at-fault party that caused the accident — will typically look for ways to minimize your case, so they might try to offer a low settlement. If you don’t have an attorney advising and helping you, you may be tempted to accept the offer when you could have received a larger settlement.

When to Contact a Personal Injury Attorney

It’s always a good idea to contact a personal injury lawyer when beginning a claim after an accident. They can collect the most relevant evidence and present a cohesive case that insurance companies will have a hard time disputing.

This is particularly important if there are multiple parties involved, or if the neck injury is life-altering and you need a large settlement for your losses. If the insurance company is delaying the claim, your lawyer can also take steps to get them to the negotiation table.

FAQ

How Much Time Do I Have to File a Car Accident Claim in Wyoming?

Wyoming gives you four years from the date you suffered your injuries, but there could be exceptions to this. You should never wait very long to start your claim, since missing the statute of limitations bars you from recovering anything.

Can I Recover Damages for Lost Wages?

Yes, you can receive compensation for any salaries, commissions, bonuses, and benefits that you missed while you were getting treatment for your neck injury.

How Long Will My Claim Take?

The claim timeline can vary depending on how complex the accident was, the severity of the injuries you suffered, and many other factors. You can help speed up the process by hiring an attorney.

Rely on Experienced Car Accident Lawyers

If you have sustained a neck injury in a car accident, filing a claim can help you get the compensation you deserve. At The Spence Law Firm, our team of personal injury attorneys can make this process easier. Contact us to get a free case assessment.