Back and Neck Injury Attorneys in Fort Myers, FL

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Although in the same location as a spinal cord injury, neck and back injuries do not affect the spinal cord or column itself. Instead, muscles, tissues, ligaments or some combination of those structures are injured.

Car accidents can easily cause this type of trauma, as can other types of accidents. But you may be eligible to pursue compensation above and beyond what the insurance company is offering you. To find out, please call Kelleher Law at 833-546-3675 for a free claim review.

How Serious Was Your Neck or Back Injury?

These injuries vary widely. If you had minor discomfort that cleared up on its own, and your doctor has no concerns for future ramifications, then you may not have a claim; however, back and neck injuries can easily lead to expensive treatment, time out of work and pain. Some of the most common types are:

Whiplash injuries:

Whiplash is a very common injury, especially in auto accidents. The bones and ligaments are overextended as your head is propelled forward and then backward. You may be unable to work because of an injury like this.

Whiplash is not always immediately apparent, which is why it is so important to visit your doctor after an accident. Some of the most common whiplash symptoms are:

Neck pain
Stiff neck
Chronic headaches
Dizziness
Limited range of motion in your neck
Numbness or tingling in your extremities
Ringing in your ears
Vision problems
Back and shoulder pain

Some people may have symptoms so mild they do not even realize they are occurring. Your doctor can assess you for injury after an accident, even if you don’t think you are hurt. Getting the care you need can only be good for your future.

How Do I Know if My Neck Injury Is Serious?

Your doctor can help you determine if your neck injury is serious. However, even when a neck injury is considered temporary, circumstances may demand legal action. During your free case review, we can help you determine if you have cause to file suit.

When Should I Seek Help From an Attorney?

You do not need to talk to an attorney if your injury self-resolves within a few days, but you should always speak to an attorney following severe injury in an accident.

Talking with a lawyer before accepting an insurance settlement is crucial. Once you have accepted payment, you will not be able to file a lawsuit.

Should I Provide a Recorded Statement to My Insurance?

You need to cooperate with your insurance company’s investigation and provide your insurer with the basic facts. Your insurance company cannot force you to provide a recorded statement. It is best to speak with your attorney before agreeing to anything the insurance company asks you to do.

What Is the Time Limit for Filing a Back and Neck Injury Claim?

In Florida, you have four years from the date of your accident to file a personal injury lawsuit. However, we strongly encourage you to take action long before the statute of limitations approaches.

Waiting to file a personal injury claim can complicate the process and result in victims receiving less than they are owed.

How Long Does It Typically Take to Resolve an Injury Claim?

Once your claim has been filed, it will enter the discovery phase. During this portion of the claim, both sides will interview witnesses, gather evidence, and work with experts to create their cases. This process can take several months.

After discovery, both sides will meet for a settlement agreement. The case will go to trial if an agreement cannot be reached.

Claims that settle pre-trial may be resolved within 12 months. However, it may take two or more years to reach a verdict in claims that require a trial.

What Are My Options if the Insurance Company Is Not Treating Me Fairly?

Insurance companies are infamous for trying to delay, deny, or reduce settlements. If your insurance company mistreats you, we can deal with them on your behalf.

Having an attorney on your side frees you from the burden of dealing with the insurance company and protects you against the tricks and tactics they might use to convince victims of serious injury to accept less than they are due. If your insurer is acting in bad faith, we are here to hold them to account and fight for every penny you are owed.

Potential Compensation for Neck & Back Injuries

We cannot guarantee a compensation recovery in your case. When you call us for a claim review, we will listen to the details of your situation and how your back or neck injury was caused. If we determine you have a claim, we will immediately begin fighting for you. We want to help you restore normalcy in your life, by getting you compensation for medical care and other losses, such as:

If someone else’s carelessness caused your neck or back injury, then we may be able to help you. We do not charge any fees with a recovery, so you will not face additional financial strain by choosing to use the services of our personal injury attorneys.

Case Results

Our team of dedicated attorneys has consistently achieved substantial verdicts and settlements for clients suffering from back and neck injuries. Notable cases include a $3,500,000 settlementfor the victim of a truck accident and a $1,500,000 settlement for workplace injuries, where both clients faced severe neck and back trauma. These settlements covered immediate medical expenses and accounted for long-term rehabilitation and loss of earning capacity, ensuring comprehensive support for our client’s recovery journeys.

In addition to high-value settlements, we have also secured significant verdicts for car accidents, slip and falls, and motorcycle accidents, where our clients endured debilitating neck and back injuries. For example, we reached a $2,750,000 verdict for a factory worker who suffered a severe back injury due to unsafe working conditions. These verdicts have provided extensive medical care, pain and suffering compensation, and future medical needs.

Our unwavering pursuit of justice ensures that our clients receive the maximum compensation they deserve, reflecting our commitment to improving their quality of life. If you or a loved one has suffered a back or neck injury due to someone’s negligence, contact us today.

While past results don’t guarantee a specific outcome in your case, they highlight the wins we secured on behalf of previous back and neck injury clients.

Frequently Asked Questions (FAQs)

What should I do immediately after a back or neck injury?

If you have suffered a back or neck injury, it is crucial to seek medical attention immediately, even if symptoms seem mild. Prompt medical evaluation can prevent further injury and provide documentation essential for your legal case. Additionally, report the incident to the appropriate parties, such as your employer, if the injury occurred at work or to the police due to an accident.

Can I still file a claim if the back or neck injury was partly my fault?

Yes, you may file a claim if you were partially at fault for the injury. Georgia follows a modified comparative negligence rule, so you can recover damages if you are less than 50% at fault. Note that your compensation will likely be reduced based on your percentage of fault.

How can a lawyer help with my back or neck injury claim?

A lawyer can gather evidence, negotiate with insurance companies, and represent you in court. We work hard to ensure you receive fair compensation for your injuries, considering all current and future expenses related to your injury.

What if a defective product caused my back or neck injury?

If a defective product caused your injuries, you could file a product liability claim against the manufacturer, distributor, or retailer. Our experienced attorneys can help you navigate the complexities of product liability law and hold the responsible parties accountable.

What evidence is important for a back or neck injury case?

Critical evidence for a back or neck injury case includes medical records detailing your diagnosis and treatment, accident reports, witness statements, photographs of the accident scene and your injuries, and any available video footage. Additionally, documentation of lost wages and any communication with insurance companies can be vital to your case. An attorney can help build your case by gathering and organizing this evidence.

Can I sue my employer if I sustain a back or neck injury at work?

In most cases, you cannot sue your employer directly for a work-related injury due to workers’ compensation laws. However, you may be able to file a workers’ compensation claim, which can provide benefits for medical expenses, lost wages, and rehabilitation. If a third party, such as a contractor or equipment manufacturer, contributed to your injury, we may advise you to file a personal injury lawsuit while receiving workers’ compensation benefits. Consult with your attorney to understand your rights and options.

Find Out If You Have a Case in Florida or Georgia

If you or a loved one has suffered a severe back or neck injury in Florida or Georgia, please call us to find out if you have a claim. You can reach us – 24 hours a day, 7 days a week – for a free case review at 833-546-3675. Kelleher Law has offices in Naples, Fort Myers, and Atlanta.