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Automobile Collisions / Workers' Compensation

414-272-3636 877-412-7409

Car Accident Neck Pain

Car accident neck pain is caused by the sudden extension of the cervical spine (backward movement of the neck) and flexion (forward movement of the neck). This type of trauma is also referred to as a cervical acceleration-deceleration (CAD) injury or whiplash injury. Rear-end or side-impact motor vehicle collisions are the number one cause of whiplash with injury to the muscles, ligaments, tendons, joints, and discs of the cervical spine.

Acute pain from whiplash often starts hours or even days after the automobile accident.  Despite treatment, chronic pain may result from a whiplash injury. This is especially true if the head was turned to the side at the point of impact. Scientists are trying to figure out just what causes this lingering pain for some people.

Animal studies point to a strain on the capsular ligament around the facet joint. There is an electrical response in the facet joint when a mechanical load is applied to the joint. This finding suggests that the capsular ligament has a threshold for pain. This means that pain occurs when the load (strain) placed upon it is above a certain level.  The facet joint is where the vertebrae touch each other in the back of the neck or spine.

Car accident compensation for neck pain include those damages to compensate an injured party for the injuries sustained and to make good or replace the loss caused by the negligent driver.  Automobile collision settlements are made in an attempt to "make whole" the party sustaining the loss. White v. Benkowski, 37 Wis. 2d 285 (1967).  Compensatory damages are not to be awarded to punish the wrongdoer. Jones v. Fisher, 42 Wis. 2d 209 (1969).  Compensatory damages are divided into two separate categories: general and special.  General damages are "those losses which naturally, or necessarily, result from the defendant's wrongful conduct and the type of injury the plaintiff sustained, such as pain and suffering from a cervical whiplash injury.  Special damages are those which are peculiar, or specific, to you in this case, your medical bills and your lost wages or impairment of earning capacity.

In order to support compensation for future neck pain and suffering, there must be a doctor's opinion that there is a permanent injury from the automobile accident.  Neck pain permanent injury is difficult to prove because the nature of the injury is often to the soft tissues, the muscles or ligaments, which does not show up on an MRI or x-ray test.

At McCormick Law Office in Milwaukee, Wisconsin, our attorneys work with medical professionals to obtain the best results in automobile accident neck pain settlements and cases.  Trusted opinions supported by MRI evidence are the most solid evidence.

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