According to researchers, it has been estimated that, as of 2015, there are 12,500 new cases of spinal cord injury (SCI) annually and between 240,000 and 337,000 people in the United States are currently living with SCI. Extreme sports is one of the main causes of SCI and cause more than 40,000 head and neck injuries each year.
How a Potential Case is Valued
When there is a personal injury case involving neck injury, there are too many unique factors to create a formula that can provide an accurate value for a neck injury claim. In this context, “valuing” a case means guessing as best as possible what a jury might award the plaintiff for the injury, and then estimating the amount that the defendant would be willing to pay and finding out if the plaintiff would accept that amount, to settle the case before going to trial (which depends on which side is evaluating the case.) When it comes to valuing a personal injury case, the two main factors are:
- The extent of the plaintiff’s damages, or in other words, how severe the neck injury is
- How likely it is that the jury will find the defendant liable
Type, Severity, and Duration of the Neck Injury
Neck injuries range from minor sprains and strains to whiplash as well as neck fractures. If the injury is severe and long lasting, the plaintiff is likely to get a greater compensation in a personal injury jury verdict or insurance settlement. In addition, a fractured bone or other such “hard” injuries tend to provide larger settlements than whiplash or other soft tissue injuries. In many cases, insurance companies will base your injury’s settlement value on the type and cost of the medical treatment that you required for your injury. A neck injury that requires spinal fusion or any other type of surgery will result in a larger settlement payment when compared to a strained neck that only requires a brace as treatment. Furthermore, many insurance adjusters view injuries that need to be treated by physicians as “more serious” as opposed to those that require treatment from chiropractors or physical therapists.
Proof of Legal Liability
Another important factor in valuing a case is how likely it is that the defendant will be found liable for the neck injury at trial. If there is little or no evidence from the plaintiff that the plaintiff’s neck injury was caused by the defendant, the value of the case lowers considerably. Even if there are high potential damages, a defendant will be more inclined to take a chance at trial and less willing to settle. Similarly, because there is a risk of getting nothing at trial, the plaintiff may be more inclined to accept a settlement that is low. If you or a loved one has suffered a neck injury due to someone else’s carelessness or fault, you should seek the counsel of one of the many astounding personal injury attorneys at Rosenberg, Minc, Falkoff, & Wolff Law Firm at 212-344-1000. RMFW knows how to get the job done. We have won millions of dollars for past clients. You too can be on this fantastic list. Give us a call today! Do not sign anything with anyone until you have us on your side.
