When you experience a sudden injury to the neck, like a minor muscle strain, stiff neck or a more serious cervical fracture, the pain and limited mobility require attention. 

When these injuries occur from an accident or work-related injury, then the injury requires medical attention along with seeking reimbursement for financial injury. This may require filing a claim with insurance companies, filing a workers’ compensation claim, or filing a lawsuit against the wrongdoer. 

Whatever is required, an experienced North Carolina neck injury attorney from Ricci Law Firm can help you recover the compensation you deserve while focusing on rehabilitation. 

Why Hire a Neck Injury Lawyer? 

Few injuries can have such a negative impact on your ability to work as a neck injury. Whether you were injured in a car accident, at work, or in any other type of accident, an injury to your neck is likely to keep you out of work for an extended period of time and can cause life-long problems and complications.

In addition to life-long health issues, one may experience a financial setback. Hiring an attorney after an accident in which you sustained a neck injury will help to make you financially whole again. Not only will there be initial medical costs, but there will also be future costs associated with therapy, medicine, and possibly disability setbacks. With neck injuries, depending on your occupation, you can be out of a career for life. 

Experience neck injury attorneys have worked with people in your position and know the right way to get the compensation you deserve. They will be able to find liable parties and hold them responsible. Most importantly, they will take on the stress of the case while giving you time to recover properly. 

What can a Neck Injury Lawyer Do for You?

Putting together your case is a difficult process. Our attorneys have the experience and knowledge necessary to ensure that the appropriate questions are asked in order to obtain the compensation you require to fully recover from your injury. If you have a back injury as a result of someone else’s negligence, you do not have to face it alone. 

When injured due to negligence, North Carolina law allows personal injury victims who have sustained neck injuries to seek compensation for their damages, including medical bills and lost income, and even pain and suffering. 

A knowledgeable neck injury lawyer will be able to find the liable party and prove they were negligent and, therefore, responsible for your injuries. Attorneys can hire experts and conduct discovery in order to build the strongest case possible. Additionally, pain and suffering consideration is important, especially if you received a life-long injury. The right neck injury lawyers will know how to get you the highest compensation possible. 

Common Causes of Neck Injury 

There are muscles, vertebrae, spinal discs, tendons, ligaments, and nerves in your neck. When any of these tissues are injured or damaged, neck problems such as pain, inflammation, and limited range of motion can occur. The causes of neck conditions differ depending on the problem.

Neck pain is frequently caused by muscle strain or damage to the upper spine’s bones.

The most common cause of neck injury is trauma, such as a broken neck, neck sprain, or whiplash. Trauma can be caused by car or other motor vehicle accidents, falls, or sports-related impacts. They can cause soft tissue injuries to the neck muscles or spine fractures.

Whiplash during a car accident is one of the leading causes of neck injuries and problems. Other common accidents that cause neck injuries are slips and falls, which usually occur and work or end up being a premise liability case against the property owner. 

Neck injuries can be some of the hardest to prevent because there is rarely protective equipment or restraints that prevent the back-and-forth neck injuries sustained in many accidents. 

Types of Neck Injuries 

The symptoms and signs of common neck problems vary depending on the problem and the area of the neck affected. Due to how the spine operates, most neck injuries are accompanied by back injuries.  Neck pain or soreness is a common symptom of any neck problem. Most neck and back problems cause pain to radiate from the neck to the head, shoulders, jaw, or even the upper arms.

The following are the most common types of neck injuries sustained as a result of an accident or work-related injury:

  • Arthritis
  • Neck or cervical vertebrae fracture
  • A nerve pinched.
  • Neck muscle, tendon, or ligament sprain
  • Whiplash

A doctor will need to thoroughly evaluate your neck injury to determine which treatment option is best for you. Treatment with over-the-counter or prescription drugs may be appropriate for some people. Others, on the other hand, may require surgical intervention followed by therapy.

Most people who have suffered neck injuries receive chiropractic care and require rehabilitation in order to regain their range of motion and return to their normal lives. It is not uncommon for neck injury victims to experience a decrease in their quality of life after their injuries or a change of career. 

Financial Setback from Neck Injuries 

According to recent studies, patients with neck injuries incur increased health and social costs, which affect their spouses and may begin years before the initial injury. According to a study, patients with neck injuries have higher health and social costs, which affect their spouses and may begin years before the initial injury. 

Studies and research considered indirect costs such as work disability and social security payments in addition to direct health care costs and prescription drugs. The researchers also examined the health and social cost to families of patients suffering from neck injuries, as well as changes in costs over time, including the years preceding the injury. For patients with neck injuries, nearly all cost categories were raised.

Recently, Americans spent an estimated $380 billion on neck pain, back pain, joint and limb pain, and other musculoskeletal disorders. Low back and neck pain had the highest expenditures of any of the 154 conditions studied, totaling $134.5 billion.

Most accident victims have their injuries calculated using the multiplier method. Serious injuries, such as head and neck problems, can, on the other hand, be better compensated by a daily per diem allowance, which combines the expense per day for an agreed-upon period of time or by continuing medical coverage after a financial settlement is reached.

In any accident claims, the financial demands placed on the families of head and neck injury victims are enormous. Statistics show that total expenses for those left with catastrophic injuries to deal with for the rest of their lives can exceed $1,000,000 per year.

Bringing a Lawsuit After Sustaining a Neck Injury 

Most people may not understand how to file a lawsuit with the court. There are many steps that need to be done before the case can continue to the trial or recovery stage. Most times, before filing a complaint, the parties have already tried to negotiate a settlement. A complaint is filed when the plaintiff feels that they cannot settle outside of court. Experience personal injury attorneys can help file a lawsuit after a neck injury. 

The Complaint 

A lawsuit is typically initiated by the filing of a complaint and issuing a summons. The lawsuit’s grounds are explained in the complaint. It describes the facts, the injury or damage you have suffered as the plaintiff, the names of the people believed to be responsible (defendants), and the type of relief being requested from the court. 

The clerk of court then issues a summons, which is a legal notice to the defendant or defendants that legal action has been initiated against them. The summons is delivered to the defendant by a sheriff or other law enforcement office, a private process server, or when personal or substitute service is not available, then through certified mail.

Once the defendant is served, they then have a specific amount of time to file an appearance and answer if they would like to avoid a judgment and participate in the legal action. The defendant may choose to include a counterclaim in the answer, which may warrant a reply from the plaintiff. 


Interrogatories, requests for documents, requests for admissions, and depositions are the four main steps in the discovery process. Interrogatories are a simple way for attorneys to gather critical information about a case. 

During this stage, one party submits written questions to the other party, who must respond fully and to the best of his or her knowledge under oath to each question. 

The discovery process is then completed when actual evidence is provided to the other parties via a request for production or request for admission. In general, a party may object to these requests, provide copies of the documents, or allow the other party to review the documents and make their own copies.

Alternative Dispute Resolution

All North Carolina court cases must go through alternative dispute resolution order by the court.  Arbitration or mediation may be used depending on the amount in dispute. 

Arbitration is a process in which an arbitrator or panel hears evidence and issues an award. This arbitration ruling is appealable by either party. If there is an appeal, the case proceeds to trial. 

Mediation is a process in which a neutral mediator listens to the evidence and then attempts to assist the parties in resolving their dispute. A mediator does not have the authority to make a decision in the case. If the mediation is unsuccessful, the parties will proceed to trial. Many cases are settled at this point in the process. 

Mediation is never a final outcome. Arbitration can be final if not properly appealed.

Pre-Trial Conference

To allow both parties to discuss the issues in the case, a pretrial conference with the presiding judge may be held. This conference is usually held a week before the trial date. Pretrial conferences are used to shorten the length of a trial. Settlement negotiations are frequently resumed at this stage, and a case may be resolved. If the case cannot be resolved through mediation, it will go to trial.

The Trial 

During the trial, each side will have the opportunity to question the people who will serve on the jury. Each side makes an opening statement after the jury is selected. It is the plaintiff’s burden to prove each and every element of his claim, so he begins by making an opening statement and then presents his evidence. This evidence will typically include the calling of witnesses as well as the presentation of documentary evidence. In most civil cases, the plaintiff must prove their case by “a preponderance of the evidence.”

The defendant will present his case to try to refute the plaintiff’s allegations after the plaintiff has presented all of his evidence. Of course, the plaintiff’s lawyer will be able to cross-examine any of the defendant’s witnesses.

Each side is then given the opportunity to make a closing statement in which they summarize their arguments and ask the court or jury to render a favorable decision. If a jury trial is held, the judge will then instruct the jury on the law and how it should be applied to the facts of the case.

The jury then begins deliberating on the case’s outcome until it either reaches a verdict or becomes deadlocked. If a verdict is returned, the losing party may choose to appeal to a higher court. The majority of cases are not appealed.

When Can You File a Legal Claim for a Neck Injury?

The statute of limitations is the legal term for the amount of time a person has to file a specific type of claim. In personal injury cases, it is the amount of time injured people have to sue the party or parties who caused their injuries. In general, the court will dismiss claims filed after the statute of limitations has expired (although some exceptions apply).

The majority of personal injury claims in North Carolina must be filed within three years of the date of the injury. Three years may seem like a long time, but you don’t want to miss out on the chance to seek compensation for injuries and losses caused by the negligence of another.

It is important to note that it is three years from the date of the injury or accident and not when the injury was discovered. Some neck injuries don’t get diagnosed for a couple of days to weeks, which means the time frame may be decreased by the time the injury is discovered. 

Additionally, if the injury was sustained at work, then the employee must file a workers’ compensation claim through their work-provided insurance. This must be done within two years of the injury. All employers with three or more employees must hold workers’ compensation insurance for their employees. This also protects employers from being sued when a worker is injured on the job. 

If the neck injury leads to the victim dying, then they have two years to file a personal injury lawsuit for wrongful death. However, the clock starts at the time of the death and not at the time of the injury. 

Dealing with Insurance Companies After a Neck Injury 

Unfortunately, on top of dealing with a serious injury, the vast majority of people who experience neck injuries will typically have to file a claim with the insurance accompany. Dealing with insurance companies is never fun. Depending on how your injuries occurred, you may be able to fully recover the costs from filing an insurance claim, though very unlikely. 

One should not expect the insurance company to settle their claim fairly. Many people believe that because the insurance adjuster seems to be “on their side”, their claims will be processed more quickly. As a result, they are surprised when their settlements are delayed or denied completely.

An experienced back injury attorney will be able to first handle the insurance adjusters before needing to file a lawsuit. From there, the attorney will then decide the best course of action. Sometimes, attorneys can negotiate a better settlement for you than if you dealt with it on your own. Other times, the insurance company will not budge, and filing a lawsuit against the responsible party becomes necessary.

Hiring and Neck Injury Attorneys at Ricci Law Firm

At the Ricci Law Firm, we have successfully obtained tens of millions of dollars for our clients over the years through settlements and trials. Our Greenville neck injury attorneys are proud to provide counsel and advocacy to clients throughout the area, including Raleigh, Rocky Mount, Wilmington, Charlotte, and surrounding areas.

As highly respected, award-winning legal professionals, we are equipped to represent you through this time. Let us handle the heavy lifting and legal burdens so you can return your focus to recovering both physically and emotionally.

We are here to review your claim and help you take the next best step. In order to discuss your case, please set up a free consultation with one of our neck injury attorneys by completing our online form.