injury

Neck and Back Pain After a Car Crash: What to Do

A car crash can leave you with nagging injuries that last for years, or even a lifetime. Proper medical treatment is critical.

A car crash can leave you with nagging injuries that last for years, or even a lifetime. Proper medical treatment is critical.

If you were involved in a car crash and are suffering from pain in your neck and/or back, you may be wondering what, if anything, you can do to make the pain go away. For some lucky individuals, taking a few painkiller pills and getting good rest is enough for whiplash symptoms to go away. These are the lucky few. For most people, severe whiplash following a car accident can lead to months and sometimes years of neck and back pain. To add insult to injury, if the car crash wasn’t your fault, you’re now stuck with the headache of getting your car fixed, and face a potentially long road of physical recovery.

See a Doctor

Wherever you are in California, there are doctors who will see you and help you recover from your injury. Sometimes your health insurance doesn’t have appointments in the near future. Speak with a lawyer to find out if there are other medical offices that you can seek treatment at. Lawyers do no prescribe treatment, but they may be aware of offices who will treat you on a lien.

Wherever you are in California, there are doctors who will see you and help you recover from your injury. Sometimes your health insurance doesn’t have appointments in the near future. Speak with a lawyer to find out if there are other medical offices that you can seek treatment at. Lawyers do no prescribe treatment, but they may be aware of offices who will treat you on a lien.

The severity of your back pain may be difficult to diagnose by yourself. For example, strained muscles may very well heal on their own without significant medical treatment. However, if you have suffered damage to the vertebrae in your spine, you may not get better without medical treatment. Only a doctor that can give a qualified examination and order the appropriate diagnostic studies such as x-rays and MRI scans will be able to figure out what is going on in your back and neck. To make matters more difficult, many people suffer acute pain for a variety of injuries to their back, not being able to differentiate between the injuries. Some of the pain may go away, some may get worse.

Many people injured in car accidents are afraid to ask their attorney or their medical doctor for advice regarding treatment because of their insurance situation. Many people have high deductibles, or do not have health insurance. If you were not at fault for the car accident, a good lawyer can make sure you are able to receive the care you need. After all, you wouldn’t require medical attention if not for the negligence of someone else, so many personal injury law firms are able to help point you in the right direction. At the very least, you should go to an urgent care office to get checked out.

Neck and back pain following a car crash might go away in a week or two, or might still be bothering you ten years from now. Don’t risk your health - see a doctor who can run the proper diagnostic studies to evaluate the extent of your injury!

Neck and back pain following a car crash might go away in a week or two, or might still be bothering you ten years from now. Don’t risk your health - see a doctor who can run the proper diagnostic studies to evaluate the extent of your injury!

Attend All Treatment

Most doctors prescribe a regimen of treatment to address your injuries following a car crash. This often includes physical therapy, chiropractic care, massage therapy, possibly acupuncture, and a variety of other treatment options. These options are for what are called “soft tissue injuries,” and many people benefit from this treatment.

One way that insurance companies deny payment for medical treatment is by saying the patient was non-compliant with the treatment the doctor prescribed. If the doctor says attend three chiropractic appointments a week for six weeks, but you only attend three appointments total, you’re unlikely to have future treatment paid for. Do what the doctors tell you to do. Your attorney will make sure the bills are paid for, but can only do this if you attend all your appointments and are in all ways compliant with the doctor’s treatment plan.

You’d rather be anywhere than the doctor if you are like most people. But if you want to get better, you have to go to your appointments. Also, skipped appointments and failure to follow your doctor’s orders will likely result in a reduced personal injury settlement. It can also mean you will be stuck with your bills, as the insurance company will say you were noncompliant with prescribed treatment.

You’d rather be anywhere than the doctor if you are like most people. But if you want to get better, you have to go to your appointments. Also, skipped appointments and failure to follow your doctor’s orders will likely result in a reduced personal injury settlement. It can also mean you will be stuck with your bills, as the insurance company will say you were noncompliant with prescribed treatment.

Keep a Treatment and Pain Journal

Pain affects everyone differently. For some people, a 2-3 mm disc bulge in their spine will be immensely painful; for other people, the same injury will not bother them much. For this reason, insurance adjusters often justify low settlement offers by trying to categorize your injury with the “average” pain and suffering involved in such an injury. There is no “average” injury, of course, when it comes to your health. Your financial recovery should not depend on how much pain other people feel. For this reason, if you keep track of your pain levels in a notebook, you can track the ways in which your injury have affected your life, and later use this to prove to insurance adjusters that you were in fact injured, and that the consequences of their insured’s causing an accident have affected your day to day life.

Call an Injury Attorney

Not many people want to get lawyers involved in their problems. The challenge with injury cases is you usually don’t have experience or an understanding as to how the claims process works. Thus, you don’t know what you don’t know, and are at a severe disadvantage when it comes to knowing whether you’re getting taken advantage of, or whether the insurance company is treating you fairly. Ask a lawyer who practices injury law your questions. You will have a better understanding of how the claims process works. Just because you call a lawyer does not mean you have to sign up with a lawyer and take your case to trial. In fact, the involvement of an injury lawyer in your case may mean you’re less likely to end up in court. Why? Because insurance companies know that if a good lawyer is involved in representing you for your injury, they are often better off playing fair and paying you a fair settlement for your claim than going to court.

Nobody wants to get a lawyer, but the numbers don’t lie: personal injury plaintiffs who have a lawyer are much more likely to get a fair settlement from their injury claim than if they try to settle their case alone. Will a big chunk of the “extra money” you hope to get by going with a lawyer end up going to the lawyer and not you? Great question to ask a lawyer! (Answer: not if you get a good personal injury lawyer).

Nobody wants to get a lawyer, but the numbers don’t lie: personal injury plaintiffs who have a lawyer are much more likely to get a fair settlement from their injury claim than if they try to settle their case alone. Will a big chunk of the “extra money” you hope to get by going with a lawyer end up going to the lawyer and not you? Great question to ask a lawyer! (Answer: not if you get a good personal injury lawyer).

Think Long Term

If you hurt your neck or back following a crash, you may have a day where you feel better, followed by several days of pain. You’re unlikely to feel the same way every day. This means you have to think long-term about the severity of your injury. Will you feel better in a month? Will you feel better in a year, or in ten years. Will you ever feel better? Remember that the person who caused the crash is legally responsible for making you whole again. That means you should be put back in the position you were in before the crash, both financially and physically. The law protects the injured for their long term health, but you have to do your part to think ahead. You can’t simply decide a year after a car accident that you’re still in pain and start going to the doctor and expect the at-fault driver’s insurance company to pay for your medical treatment. You have to think long term from day one, or as close to day one (the date that you were injured) as possible.

How to Choose a Car Crash Lawyer

Attorney or Salesman?

Some people feel like they are talking with used car salesmen when they are talking to an injury law firm. In California, there are no shortage of law firms that practice injury law, so there is competition amongst the lawyers. This is good for you, as it gives you plenty of options. However, it can also lead to a situation where the people you are talking to when looking into a law firm play the role of salesmen, and are not lawyers and will not handle your case. You should expect to speak with a lawyer licensed to practice law in California - if a law firm won’t put you on the phone with the lawyer who will handle your case, you are likely talking to a salesman. Like any sales position, these individuals say all the right thing and put on the charm, but they do not know the intricacies of the law, as they are not lawyers. More importantly, you won’t talk with this person ever again, in most situations. Their job is to sign you up and get your case, not help you in the long run. 

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Who will be your attorney?

If you are looking for a lawyer to help you, you can expect to talk to an actual attorney, not just the sales team. Consider it a red flag if the person you are talking to is not a lawyer, and cannot tell you which lawyer will be handling your case. They will tell you the case will be reviewed by a team of lawyers and assigned to the lawyer most capable to help your case. This sounds good, but what it really means is you have no idea who will be taking your case. Most injury cases last many months and sometimes years. If you sign a contingency fee agreement or contract to hire a lawyer or law firm to represent you, but you’re not allowed to talk to the actual lawyer, do you really have enough information to make an educated decision as to whether the lawyer will be a good fit for you?

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Too Good to be True?

Unfortunately, many people who are looking for a lawyer to help them with their car crash injury case are given unrealistic expectations. If you are discussing your accident claim with an attorney who is telling you how much money you will walk away with, and it sounds too good to be true, it very well may be. Predicting the amount of money a plaintiff will receive is not easy. While a good injury lawyer can give a ballpark estimation, some law firms use inflated estimation with savvy salesman techniques to excite you and convince you to sign on the dotted line. A good case evaluation will include a review of numbers, including the cost of your medical bills, the cost of your future medical treatment, and of course the structure of the attorney's fees. Beware of salesmen who only want to talk about how much money they think you'll get in the end. This can be exciting, but it can also be a smoke and mirrors situation. 

Personal Injury "Specialists"

Technically speaking, there is no such thing as a personal injury specialist in the law, according to the State Bar of California. That said, there are law firms that only practice injury law. These law firms obviously have more experience in car crash cases and the nuances of injury law. In comparison, a lawyer who practices a little transactional law, some tax law, perhaps a divorce here and there, does not always know the up-to-date trends and changes in injury law. 

Are They Located Near You?

Surprisingly to some people, this matters less and less as technology enables lawyers to represent people who live far from their physical office. In fact, most personal injury law firms that specialize in car accidents and injury cases in California are able to represent clients throughout the state. This means that it tends to be less important where the physical office of the lawyer or law firm is, and it makes your attorney's experience and practice focus all the more important. 

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If Nothing Else, Remember This

Personal injury cases can be complex, and your attorney's experience in this area of law matters. If you're looking for a lawyer to represent you for your California car accident injury case, or any type of injury case, you should seek the counsel of a lawyer who knows what he or she is doing, and is willing to give you the time of day to discuss your case without pressuring you to sign with his law firm. Injury law firms are notorious for employing aggressive sales techniques - this should be a red flag to you. If you're talking to a salesman, you're being sold something. If you were injured and need someone to help you recover physically and financially, you don't need a salesman, you need a good lawyer. 

This post was written by  The Lions Injury Lawyers, P.C. , a personal injury law firm located in Newport Beach, California.  The Lions  represent injured people throughout California and focuses exclusively on personal injury law.

This post was written by The Lions Injury Lawyers, P.C., a personal injury law firm located in Newport Beach, California. The Lions represent injured people throughout California and focuses exclusively on personal injury law.

Deaths From Injuries Rising Among Youth in America

CNN published findings from a report today in which the rise in accidental deaths among young people in America are analyzed. For many years, the total death rate among 10-19 year olds declined significantly, according to the report from the National Center for Health Statistics at the US Centers for Disease Control and Prevention. The decrease was between the years 1999 and 2013 and represented a 33% decrease in accidental deaths; however, between 2013 and 2016, the death rate rose 12%. Tragically, car accident fatalities play a large role in the uptick. 

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The increase in accidental deaths and serious injuries is not only attributed to car crashes, however. As the table below shows, drowning, suicide, homicide, and poisoning are also causing more deaths in recent years than in the past. Many experts point the blame at easily accessible recreational drugs and social media. Even as other causes of death and permanent injury rise in other areas, the fact remains that among 10 to 19 year-old adolescents, traffic injuries were the leading cause of death in 2015. The US Department of Health and Human Services' report entitled Deaths: Leading Causes for 2015 is an easy to read, informative study that would likely be of tremendous value to parents of children and teenagers. If nothing else, it gives parents and youth alike an objective reference point that shows the dangers young people around the world face. As parents often face a challenge from teenagers not wanting to hear it from their mom or dad, the study and data are indisputible proof that car accidents (shown in the table as "motor vehicle traffic") is, without question, a serious cause of unintentional injury and death among youth. 

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Parents interested in the data presented in this study may also benefit from visiting the National Vital Statistics System, which tracks public health data and includes statistics on vital matters such as traffic deaths, pedestrian versus auto deaths and injury, and drug and alcohol-related injury and death. 

What Can Concerned Parents Do?

The statistics showing an increase in traffic deaths do not specifically mention California, but California drivers are part of the data set, and the causes of death and injury most certainly apply to young people living here.  Parents can first help their families and loved ones by being aware of the threats and familiarizing themselves with the numbers. Once parents understand the threats to young peoples' safety, they can have a more insightful conversation with their kids and teenagers about the issues. Some marriage and family therapists recommend printing off data such as the studies referenced here, and allowing the teenager or young adult to review the material for themselves before trying to talk too in depth about the issue. Jumping right into it can come off as "preachy," and many young teenagers are becoming more comfortable with their own analysis skills and ability to form an educated opinion. Have them read it and ask them what they think.

Set Rules, Set an Example

Car accident deaths are often the result of a bad combination of texting while driving, alcohol or drug use, careless or distracted driving, or any combination of these factors. Checking your phone when driving can be a against family rules, for example, although for the rule to have any weight, parents must obey it too! The more young people see their parents practicing safe driving habits, the more likely they are to incorporate these habits into their own driving.

Discuss The Obvious

California residents who have driven here for a long time sometimes do not realize that our roads are, in many ways, not the norm. Not everyone is aware that the bad traffic and seemingly crazy driving on the 405 and 5 Freeways are actually especially dangerous and chaotic - not every freeway or highway is like this. In Southern California, for example, we have some of the most dense population, with the large majority of working adults commuting to and from work in their own vehicle, instead of using public transportation. This presents a unique challenge - our roads are more busy, and the volume of drivers using our roads and freeways is extremely high. Young drivers need to know that not only are they relatively new to the challenges and dangers of operating powerful and heavy vehicles, they are doing so in an especially dangerous place. It's ok to discuss the frequent car accidents and scary crashes we see on the side of the road with our teenagers. After all, many of California's metro areas are among the most dangerous driving thoroughfares in the country! 

Helping Teenagers Respond to Crashes

Despite our best efforts, parents cannot prevent crashes, and whether or not it was your teenager's fault that a car crash happened, your loved one needs to know how to respond in the event they are part of a car wreck. They need to know that they have to pull over and call the police if anyone was injured. They may not know that they need to take photos of the scene of the crash, ask that a California Highway Patrol report, or local police report, be taken. Your loved one should know that if they may be hurt or injured, they need to seek proper medical attention, which may include an ambulance ride to a nearby hospital or urgent care facility in order to assess their injury.

Many teenagers will resist this, but it can be a crucial step in diagnosing the extent of their injury. In California, the police and Highway Patrol are supposed to ask if the injured wants to be transported to a hospital. Also, teenagers are in the stage of life where they are starting to understand money and financial constraints, so they should know that if they do take the ambulance or go to the doctor, the other driver's insurance company can be held responsible for paying the bills (assuming the car crash wasn't their fault). Taking photos of the scene of the wreck is an easy one for young drivers to do, but some don't know that they should take pictures of the vehicles involved, the scene of the crash, the surrounding area, and any bruises or lacerations they may have gotten during the car crash. 

Seek Appropriate Counsel

After a car accident, adults and teenagers alike may have questions - this is normal, and the road to financial and physical recovery can be tricky and confusing. Dealing with medical bills, police reports, insurance companies and auto repair shops can take a toll on your wallet and your nerves. Depending on the extent of your injuries, it may be wise to discuss your crash and your injury with a lawyer or attorney who handles personal injury cases. There are many injury law firms in California who handle cases throughout the state. A good injury attorney will be able to point you in the right direction, give you a general evaluation or assessment of the value and strength of your case, and help you get a fair and reasonable settlement for your pain and suffering. You should never have to pay up front, as most law firms who handle injury cases work on a contingency fee and only take a fee if they win your case.