Guide to Neck Injury Claims in California (2025)
If you recently suffered a neck injury, you know the financial, physical, and emotional strain it can put on you and your family. Fortunately, you may qualify to claim compensation for your losses if another person’s negligence caused your injury. Our trusted attorneys at Cutter Law have combined decades of experience and knowledge of neck injury claims to help you navigate your next steps with our comprehensive legal guide.
Understanding Neck Injuries and Their Impact
Because the neck has a wide range of motion, it is also more vulnerable to strain and trauma than other parts of the body. The weight of the head can place added stress on the cervical spine, increasing the risk of injury during a fall or sudden impact. Common neck injuries include:
- Whiplash
- Cervical herniated disks
- Cervical fracture
- Nerve compression
- Soft tissue damage
A neck injury is dangerous because it can damage the cervical spinal cord. People who suffer neck injuries often have chronic pain, permanent limited mobility, or a reduced quality of life. Seeking medical attention and an early diagnosis can help you get the proper treatment that relieves symptoms and long-term effects.
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Common Causes of Neck Injuries in California
Most neck injuries are caused by trauma during motor vehicle accidents, falls, or sports-related impacts. Unsafe work conditions and careless medical professionals can also cause neck injuries and other harm to employees and patients. Here are common high-risk situations that may lead to a neck injury.
Car Accidents
Car crashes, especially rear-end collisions, apply forces to the body that cause a whipping or back-and-forth motion on the neck. In addition to spinal cord injuries, many car accident victims suffer from whiplash, neck muscle strains, torn ligaments in the neck, and long-term nerve damage.
If a careless driver caused your crash, you can work with an experienced attorney to bring a car accident neck injury claim for compensation. You could recover the cost of medical bills, future medical care for your neck injury, and other damages.
Slip and Fall Accidents on Unsafe Premises
Visitors can easily trip and hurt themselves when property owners fail to keep their premises safe. Examples of hazards that could lead to a slip and fall accident include:
- Wet or slippery floors
- Broken handrails
- Poor lighting
- Clutter in walkways
- Uneven or damaged flooring
Neck injuries, broken bones, and back injuries are common with falls caused by negligent store managers and property owners.
Workplace Injuries
According to the Occupational Safety and Health Administration (OSHA), employers are legally required to provide a safe workplace by:
- Training employees on work hazards
- Maintaining equipment and tools
- Identifying and correcting safety issues
- Establishing and updating safe operating procedures
- Providing required personal protective equipment (PPE)
Workers who lack the proper equipment, safety training, or danger warnings may suffer serious injuries on the job. Construction accidents, improper lifting, and repetitive motions are often connected to neck injuries.
Motorcycle or Bicycle Accidents
While a bicycle or motorcycle helmet can significantly lower the risk of neck and head injuries, such as a traumatic brain injury (TBI), serious accidents can still cause painful neck strains, whiplash, and cervical spine fractures. Also, motorcycle and bike riders are exposed to the road, which can lead to lacerations, road rash, and burn injuries from an accident.
Medical Malpractice
Doctors, nurses, and other medical professionals have a duty to provide patients with a certain standard of care. If they fail in this duty and cause injuries and damages to their patients, they may be liable for medical malpractice.
Examples of medical negligence or malpractice that could lead to neck injuries include:
- Surgical errors during a neck procedure
- Inappropriate physical therapy exercises
- Inadequate patient monitoring, resulting in a fall
- Misdiagnosis or wrong treatment for neck pain
Filing a Neck Injury Claim in California
Filing a California neck injury compensation claim on your own can be challenging. To help, our team of attorneys shares how to make a neck injury claim and demand the full value of your damages.
Who Can File a Neck Injury Claim?
The injured party harmed by another person’s careless or reckless actions can legally claim compensation for their damages. In cases where the injury victim is a minor, a parent or legal guardian can file the claim on their behalf.
If the neck injury is severe and the victim is unable to pursue a legal claim on their own, a legal representative or qualified injury attorney can bring the claim. Additionally, a surviving family member can bring a wrongful death claim in California when the neck injury resulted in the victim’s death.
Proving Liability in a Neck Injury Case
To prove liability and seek compensation in a neck injury case, you must establish all the elements of negligence:
- Duty of care: The defendant owed a legal duty to you.
- Breach of duty: The defendant failed to fulfill their duty of care.
- Causation: The breach of duty caused the accident and your neck injury.
- Damages: Your neck injury led to damages, such as medical bills or loss of quality of life.
California’s Statute of Limitations (2025)
For most personal injury claims, the California statute of limitations gives victims two years from the date of the injury to take legal action. However, there are some exceptions to the two-year deadline.
For instance, under the California Tort Claims Act, neck injury claims that involve California government entities must be filed within six months. Medical malpractice claims generally must be filed within one year of when the injury was discovered, and no later than three years after the malpractice occurred. For minors, the statute of limitations for personal injury claims is paused until they turn 18, giving them two years from their 18th birthday to file.
The Claims Process
If you choose to move forward with a neck injury compensation claim, here are the steps you can expect:
- Having an initial consultation and case review with an attorney
- Investigating the accident and collecting evidence
- Sending a demand letter and negotiating with the insurance company
- Filing documentation with the courts to initiate a lawsuit
- Reaching a fair settlement or taking your case to trial when necessary
How Much Is a Neck Injury Claim Worth?
Your neck injury claim value will depend on the extent of your damages. Economic damages are the financial losses caused by the neck injury, while non-economic damages are the physical and emotional suffering you’ve experienced. Both are factored into the value of your neck injury claim.
Because every case is unique, working with a qualified injury lawyer can help you identify the available damages in your case and carefully calculate their value. Knowing how much your claim is worth is crucial when demanding a fair settlement.
“The best way to know whether you’ve got a valid personal injury claim is to meet with an attorney and discuss the circumstances with them. At Cutter Law, we are committed to meeting with you for an initial consultation to discuss your situation and help you understand what your legal rights are.”
Attorney John Roussas
What Can Affect the Value of My Claim?
Several factors can impact your claim’s value, including the severity of your injury, how it affects your daily life, and the strength of your case.
Severity and Type of Injury
Some neck injuries are more severe than others and may require extensive treatment and lifestyle adjustments. You may recover significant pain and suffering compensation for more serious injuries.
Medical Treatment
You can include current medical bills and the cost of future care, medication, and medical equipment in your neck injury claim. If you need long-term treatment and support, the value of your claim will reflect that.
Impact on Daily Life and Work
Serious neck injuries can completely change your life, preventing you from working or enjoying the activities you did before the accident. In these cases, you may claim lost wages, loss of enjoyment of life, loss of consortium, and other losses that affect your day-to-day life.
Liability and Fault
If you are partially responsible for your injury, it will affect the value of your claim. While California law allows victims to file a claim if they are partially at fault, the amount they recover is reduced by their percentage of fault.
Insurance Coverage
Sometimes, an insurance policy is insufficient to cover your damages. However, you can bring a legal claim against the responsible party for additional compensation.
Strength of Evidence and Documentation
To prove liability and negligence, you must have strong evidence to support your case. Images and video from the accident scene, medical records, and treatment documentation can help to strengthen your claim.
Legal Representation
An experienced injury attorney will know what steps to take to effectively file your claim and not leave any compensation on the table. Consult a lawyer to learn how they can help you take legal action after a neck injury.
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How a Neck Injury Claim Lawyer at Cutter Law Can Help You Seek Compensation
Not only are some neck injuries difficult to prove, but the insurance companies may try to unfairly minimize or deny your claim altogether. Our skilled injury lawyers at Cutter Law know these tactics and will work with you to protect your rights, aggressively negotiate a favorable settlement, and, if necessary, take your case to trial.
With a strong record of handling complex injury cases in California, we have the local knowledge, litigation experience, and commitment to help you reach your case goals. Contact us online or call 916-290-9400 to schedule your free consultation.
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Key Takeaways Poorly maintained grounds and hazardous conditions often cause injuries in state and national parks. The FTCA and CTCA
The process for filing an insurance claim boils down to getting the information that your insurance company will need to pay your benefits.
Economic damages are the losses you can measure with dollars and cents, such as your lost wages, your past medical bills, and your future medical bills.
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I appreciate this firm as they strive to make sure justice is served and hardworking individuals get compensation for their injuries.
Great law firm. If you ever need legal help or representation, Cutter Law is highly recommended. They are attentive to the needs of their clients and run their business with professionalism. They are also conveniently located in Sacramento. Brooks and Margot are awesome!
Brooks has a long-established, respected reputation as a skilled trial attorney and a record of proven success.