Neck injuries get dismissed more often than any other injury in personal injury claims. Adjusters run a script: low property damage, soft tissue, resolves in six weeks. The research does not support that script, and neither does the experience of someone living with cervical radiculopathy two years after being rear-ended on Santa Monica Boulevard.
Djougourian Law Corp treats neck injuries as what they frequently are: the beginning of a chronic condition that affects work, sleep and everything else.
Cervical Spine Anatomy and Injury Mechanism
The cervical spine is seven vertebrae, C1 through C7. The atlas (C1) supports the skull and permits nodding. The axis (C2) permits rotation. C3 through C7 provide the remaining mobility and support. Discs separate the vertebrae, ligaments stabilize them, and nerve roots exiting at each level supply the shoulders, arms and hands. The spinal cord passes through the canal.
In a rear-end collision, the seat accelerates the torso forward while the head lags, then whips forward. That differential motion strains and tears soft tissue and loads the facet joints. It takes well under a second, and it happens at speeds low enough to leave bumper damage that photographs as unremarkable.
The National Institute of Neurological Disorders and Stroke recognizes that whiplash-associated disorders affect a large number of Americans annually and that a substantial subset of patients report persistent symptoms well beyond the acute period.
Types of Neck Injuries
Whiplash and cervical strain or sprain. Pain, stiffness, headaches, referred shoulder and arm pain, dizziness, fatigue and sleep disruption.
Herniated cervical disc. Most common at C5-C6 and C6-C7, producing radiating arm pain, numbness, tingling and grip weakness.
Cervical fracture. From higher-energy trauma, sometimes requiring plate and screw fixation and fusion.
Facet joint injury. A well-documented and frequently overlooked source of chronic post-collision neck pain, often responsive to medial branch blocks and radiofrequency ablation.
Spinal cord injury. Severe cervical trauma can produce tetraplegia. See our spinal cord injury page.
Nerve root compression. Symptom patterns map to specific levels, which is how a physician correlates clinical findings to imaging.
How Neck Injuries Happen in West Hollywood
Stop-and-go congestion on Santa Monica Boulevard, La Cienega Boulevard, Fairfax Avenue and Beverly Boulevard. Intersection collisions across the commercial core. Falls where the head strikes a floor, stair or curb. Pedestrian and cyclist strikes. Struck-by incidents on construction sites. Assaults at venues with inadequate security.
Overcoming the Low-Impact Defense
Defense arguments in cervical cases follow a predictable pattern, and each has an answer:
“The property damage was minor.” Vehicle damage correlates poorly with occupant injury. Modern bumper systems absorb energy without visible deformation, and head position, seat back geometry, head restraint height and body size matter more than how the bumper photographs.
“The MRI shows degeneration.” So does the MRI of most asymptomatic adults. The question is what changed, and the eggshell plaintiff rule makes aggravation of a pre-existing condition fully compensable.
“There was a gap in treatment.” Real reasons exist: cost, shift work, referral wait times. We document them rather than let them stand as an implied admission.
“Whiplash always resolves.” The published literature does not say that.
Frequently Asked Questions
What should I do after a neck injury?
Get evaluated the same day if possible. Report every symptom, including headaches, arm numbness and grip weakness, because those findings establish nerve involvement. Follow the treatment plan.
How long does recovery take?
Strains often improve within weeks. Disc injuries requiring injections or surgery run three to six months or considerably longer, and some people never return to their prior baseline.
Can I recover if I had prior neck problems?
Yes. Aggravation of a pre-existing condition is compensable.
Do I need surgery?
Most people do not. Anterior cervical discectomy and fusion, artificial disc replacement and laminectomy are reserved for structural problems conservative care cannot resolve.
What compensation is available?
Medical expenses past and future, lost income, diminished earning capacity, pain and suffering and loss of enjoyment of life.
How long do I have to file?
Generally two years under Code of Civil Procedure Section 335.1.
Contact a West Hollywood Neck Injury Attorney
If an adjuster has already told you your injury is not serious, that is a reason to call, not a reason to accept it. Call 818-530-0000 or contact us.
