Nevada car accident cases involving neck injuries — cervical disc herniations, facet joint injuries, whiplash-associated disorder, and cervical radiculopathy — are among the most commonly disputed personal injury claims. Insurance defense attorneys and their medical experts challenge the severity, causation, and permanence of neck injuries in virtually every significant case. Understanding the medical evidence and legal arguments that support full compensation for cervical injuries is essential to avoiding an inadequate settlement.
Types and Severity of Car Accident Neck Injuries
Whiplash-associated disorder (WAD) is classified on a severity scale from Grade I (neck pain without physical signs) through Grade IV (fracture or dislocation). WAD Grades I and II are the most common crash-related neck injuries and the most frequently disputed — because they do not show on X-ray and may not show on routine MRI. WAD Grade III, involving neurological signs such as decreased deep tendon reflexes, weakness, or sensory deficit, is objectively documented and harder to dispute. Cervical disc herniation — an annular tear or nucleus pulposus extrusion from the disc — is identifiable on MRI and is one of the most important findings in neck injury cases. C5-C6 and C6-C7 herniations are the most common crash-related cervical disc injuries and can cause upper extremity radiculopathy with pain, numbness, or weakness radiating into the arm and hand. Cervical facet joint injuries, often not visible on standard imaging but diagnosable through diagnostic medial branch blocks, are a primary pain generator in persistent post-whiplash cervical pain.
Countering the Low-Impact Defense
Insurance companies routinely argue in neck injury cases that the property damage to the vehicles was insufficient to cause significant injury. Biomechanics research establishes that the human cervical spine is vulnerable to injury at vehicle speed changes as low as 5 mph — the energy absorbed by modern bumpers at low speeds is transferred to the vehicle occupant rather than dissipated through the vehicle structure. Accident reconstruction experts calculate delta-V (the change in velocity at impact) from crash data, vehicle weights, and physical evidence to establish the actual forces experienced by the occupant even when vehicle damage is minimal. A biomechanical engineer testifying that the occupant experienced forces consistent with the diagnosed cervical injury is a powerful counter to the defense’s low-impact argument.
Contact Marathon Law Group
Marathon Law Group represents Nevada car accident victims with cervical disc herniations, facet injuries, and other neck injuries. Contact us for a free consultation.