Neck injuries are among the most common car accident-related injuries and can range from mild whiplash to serious spinal damage. If you suffered a neck injury in a car crash in Los Angeles, you may be entitled to compensation for medical bills, lost wages, pain and suffering, and more.

This article will explain how to prove liability, deal with insurance companies, and maximize your settlement under California law.

Common Types of Neck Injuries from Car Accidents

Car accidents can lead to a variety of neck injuries, including:

• Whiplash: A rapid back-and-forth motion of the neck, causing soft tissue damage.
• Herniated Discs: When spinal discs shift out of place, leading to nerve pain.
• Neck Fractures: Broken cervical vertebrae, which may require surgery.
• Nerve Damage: Compression or irritation of neck nerves causing numbness, weakness, or tingling.

How to Prove a Neck Injury in a Personal Injury Claim

To successfully file a claim, you must prove that the accident caused your neck injury. Essential evidence includes:

• Medical Records: Reports from doctors, chiropractors, and specialists confirming the injury.
• Diagnostic Tests: MRI, CT scans, and X-rays showing damage to muscles, nerves, or bones.
• Witness Statements: Testimonies from passengers or bystanders supporting your claim.
• Accident Reports: Police reports and photos of vehicle damage and accident location.

How Insurance Companies Evaluate Neck Injury Claims

Insurance adjusters often scrutinize neck injury claims to minimize payouts. They may:

• Claim the injury is pre-existing and not caused by the accident.
• Argue that low-impact crashes don’t cause serious injuries.
• Request independent medical exams (IMEs) by company-hired doctors.

A personal injury lawyer can help counter these tactics and negotiate a fair settlement.

Neck Injuries and Long-Term Medical Costs

Some neck injuries require lifelong care, leading to significant medical expenses such as:

• Physical therapy and pain management
• Chiropractic care and spinal adjustments
• Surgical procedures (e.g., spinal fusion or disc replacement)

These expenses should be factored into your compensation demand. Medical expenses are always part of your personal injury recovery in California. 

Can You Sue for Emotional Distress from a Neck Injury?

Yes. If your injury causes chronic pain, anxiety, or depression, you may be eligible for pain and suffering compensation. Courts recognize that severe neck injuries can impact mental health, quality of life, and relationships.

What Happens If Your Neck Injury Worsens Over Time?

In some cases, neck injuries progress and worsen, leading to complications such as:

• Chronic pain syndromes (e.g., cervical radiculopathy)
• Degenerative disc disease
• Permanent mobility loss

If your condition worsens, you may **seek additional compensation** or reopen your claim if you haven’t settled.

Common Defenses Used in Neck Injury Lawsuits

Defendants and insurance companies may argue:

• “Your injury was pre-existing” – meaning you had the pain in your neck prior to the current accident so you should not be able to recover anything as a result of this accident. 
• “The accident was too minor to cause serious damage” – this is the most common defense often given by insurance adjuster, even though the accident and injuries are real. 
• “You delayed seeking treatment, so your injury isn’t serious” – this is the reason we recommend seeing a medical doctor immediately after an accident even if you don’t have pain since injuries can take up to 2 weeks to appear. Insurance companies will see this as delayed treatment to weaken your car accident claim.

An experienced personal injury attorney in California can refute these claims with medical evidence and expert testimony.

Legal Precedents for Neck Injury Compensation in California

Several California cases have set precedents for personal injury compensation:

• Blanding v. San Filippo (San Diego Superior Court / 2021-5328) – the plaintiff, a 56-year-old property manager, was rear-ended by the defendant at a speed between 20 and 30 miles per hour on Mission Boulevard in San Diego. The collision aggravated the plaintiff’s pre-existing neck condition and led to wrist and thumb injuries, necessitating arthroscopic hand surgery; the jury awarded $38,000 in damages.
• Lonny Johnson v. Davis Development Company, Inc. (Sacramento County Superior Court / 34-2015-00178711) — the plaintiff, Lonny Johnson, was rear-ended by a company employee, leading to ongoing neck pain and headaches. Despite the defense admitting liability but disputing causation, the jury awarded Johnson approximately $2.6 million in damages, including $865,000 for past and future medical expenses and $1.72 million for non-economic damages.
• Matthew Jensen v. Jonathan Coburn (San Diego Superior Court – Vista/ 37-2011-0054633) — the plaintiff, Matthew Jensen, a 28-year-old graphic designer, was rear-ended by the defendant while his disabled vehicle was parked on the emergency shoulder of I-5 southbound near San Onofre. Jensen sustained a 3-4mm cervical disc bulge, a scalp laceration, and a concussion, leading to ongoing neck pain and headaches; despite the defendant’s $70,000 settlement offer, the jury awarded Jensen $160,000 in damages.
• Dennis Shay v. Jakari Hynes-Akil (Contra Costa County Superior Court / MSC-19-01776) —  the plaintiff, a 49-year-old union pipefitter, was rear-ended on Interstate 680 by the defendant’s VW Jetta, resulting in minimal damage to his Ram 3500 pickup but totaling the Jetta. Despite the defense’s argument that the minor collision couldn’t cause significant injury, the jury awarded Shay $137,759 for spinal injuries; the case later settled for $215,000 post-verdict.

These cases show that settlements are possible for neck injuries after a car accident. 

Seeking Medical Attention for a Neck Injury

If you’ve suffered a neck injury, visit a trusted medical provider like:

• UCLA Health – Specializing in spinal injuries and pain management.
• National Center for Biotechnology Information (NCBI) – Research on neck trauma and treatments.

Conclusion

Recovering compensation for a neck injury after a car accident in Los Angeles requires strong evidence, skilled legal representation, and persistence. By seeking immediate medical care, documenting your injuries, and working with an attorney, you can maximize your claim.

If you need legal assistance, contact a Los Angeles personal injury lawyer today for a free consultation.