Neck injuries after an accident can develop slowly and cause debilitating pain and discomfort. They can impact your day-to-day life, making it difficult to remain physically active, participate in activities you are accustomed to, and make even mundane tasks (like driving) difficult or even impossible.
The time limit for a neck injury claim will vary based on several factors. However, most importantly, it depends on the circumstances under which you received the injury. Read on to learn more about neck injury claims and what you can do about pursuing a claim or lawsuit for compensation.
Understanding Personal Injury Claims
Personal injury refers to injuries sustained by individuals due to the negligence, carelessness, or breach of duty of care by another party. When you file a personal injury claim, it is typically with the intent of holding the responsible party accountable for their actions. In most situations, the party responsible for causing the accident will be liable for the injured party’s expenses and losses.
If you are contemplating filing a personal injury claim, it will typically be done through the responsible driver or property owner’s insurance company.
The Statute of Limitations and How it Pertains to Your Case
The time limit to bring a neck injury claim is determined by the insurance company’s time limit. If you cannot secure a settlement via insurance negotiations, you could file a lawsuit. Lawsuits must be filed within a certain amount of time, called the statute of limitations. In New York, the period of time to file a personal injury lawsuit against a negligent party is three years, according to New York Civil Practice Law and Rules (CVP) §214.
If you suffered a neck injury after being involved in an accident that was not your fault, you should consider the possibility of pursuing action against the responsible party. You should not be responsible for the costs related to your injuries if they were mostly caused by another party’s negligence.
More Information About Neck Injuries
The Mayo Clinic reports that neck injuries are very common and can occur as a result of accidents. In many situations, these injuries can cause pain, tight muscles, and impaired range of motion. In some circumstances, these injuries can be so severe that they present long-term issues.
However, in the best situations, neck injuries will heal with just a few months of pain, discomfort, and limited mobility. The American Academy of Orthopaedic Surgeons [AAOS] reports that neck sprains can take four to six weeks to recover from. Healthline states that severe neck injuries that require surgeries can result in a three-month recovery period. Sometimes, surgery is unavoidable to manage such injuries.
Having one’s quality of life negatively impacted can be very difficult to deal with. Therefore, it is necessary to understand that after an accident that may have put a strain on your neck, you should have a medical evaluation done. Sometimes, injuries are not apparent immediately after an accident.
Some ways neck injuries can occur are:
- Car or vehicle accidents
- Slip and fall accidents
- Workplace accidents
- Poorly maintained properties
It is important to know that there is a time limit for injury claims after an accident. Furthermore, the more documentation you have, the better, as it will be necessary for building your case.
How a Lawyer May Be Able to Help with Your Case
If you sustained a neck injury in an accident, it is important to understand your rights and how to proceed. After an injury, you have a limited window of time in which you can file a lawsuit. Therefore, it is important to be aware of this if you are considering pursuing compensation for your injuries.
Filing a claim or lawsuit can be a time-consuming and complex process. You may find it beneficial to learn more about how a lawyer can help you in these circumstances.
For a free case evaluation or to learn more about the potential of a neck injury lawsuit in your situation, reach out to the professional legal team of the Law Office of Cohen & Jaffe, LLP today at (516) 358-6900. We could help you if you suffered a neck injury in a car accident, by falling due to a hazard on another person’s property, or while you were at work.
For a free legal consultation, call 516-358-6900