Can I Claim Pain & Suffering For Cervical Strain After an Accident?

by William Mattar | May 10th, 2022

woman with cervical neck injurySomeone injured due to a car accident will often seek medical treatment to determine the nature and extent of the injuries. Often, a course of treatment may begin at an urgent care facility or emergency room, where treating providers will ask some questions and perform a physical examination.

In many cases, the provider may order an imaging study, such as an X-ray or CT scan, to rule out a fracture or certain other injuries. The treating providers will then provide a diagnosis and prognosis and provide discharge instructions, which may include resting, missed time from work, or a referral to a different medical provider.

What is a Cervical Strain?

Nobody wants to sustain serious injuries in a car accident, but it happens. Sometimes the extent of the injury is not apparent and can take weeks, months, or even years to fully recognize.

A “cervical strain” is an acceleration-deceleration injury to the neck region that can occur in a car accident. Some people may claim that a strain injury is minor and temporary, but that is not always the case. The injury can be serious, entailing an array of neck-related clinical systems that can be significantly debilitating over an extended period.

Cervical Strain Injuries in New York State

Indeed, New York courts have held that someone who sustained a “strain” injury to the spine can still make a claim for pain and suffering, especially where that person did not have prior complaints of similar pain. Moreover, “cervical strain” is often used as a temporary diagnosis before more advanced imaging—such as an MRI—can be performed to see what has happened to the underlying structures of the spine.

Someone diagnosed with “cervical strain” at the emergency room may find that pain does not subside with conservative treatment, like chiropractic treatment or physical therapy, and may undergo MRI imaging to find a herniated or bulging disc that is responsible for the symptoms. If that is the case, treating doctors may recommend more invasive treatment, such as injections or even surgery.

Cervical Strain After An Accident

Someone injured after a car accident should attempt to ascertain the true nature and severity of the injuries. A personal injury settlement should account for past and future pain and suffering. It can be difficult, if not impossible, to appreciate the amount of future pain and suffering without also identifying the correct diagnosis and prognosis for the injury.

Don’t Settle – Get The Compensation You Deserve

The insurance company for the at-fault motorist will sometimes try to “settle” a personal injury claim weeks, or even days, after the car accident. These settlements usually favor the insurance company, not the injured person – who often has little idea just how serious the injury really is.

Hurt in a Car? Call William Mattar

If you are looking for an attorney to help you receive maximum compensation for pain and suffering after a car accident, contact the experienced attorneys at William Mattar, P.C., or call (844) 444-4444.

We recognize that every case is unique, and our attorneys can review the circumstances of your case.