Accident Attorneys Serving Residents of North Tampa
Suffering damage to the occipital nerve can result in severe and debilitating occipital neuralgia. This condition, which affects the nerves running between the top of the spinal cord and the scalp, can cause chronic migraine-like symptoms. The experienced injury lawyers at Holliday Karatinos Law Firm, PLLC have guided many accident victims in North Tampa as well as Spring Hill, Lutz, New Tampa, and the surrounding communities. Our team of professionals knows how difficult this situation can be for you and your whole family. We give each client the personal attention they deserve and zealously advocate for their rights.
Seeking Compensation for an Occipital Nerve Injury
In most personal injury actions, the plaintiff must show that the defendant was acting negligently and that this negligence caused the plaintiff’s damages. A negligence claim has four elements: duty, breach, causation, and damages. To establish duty, the plaintiff must first show that the defendant was supposed to act according to a specific standard of care. The standard of care is typically informed by the context of the accident that gave rise to the claim. For example, each driver has a duty to operate his or her vehicle with as much care as a reasonably prudent motorist would in similar circumstances. Additionally, doctors must follow the same practices and procedures that other similarly qualified physicians in the same geographical location would follow for patients with similar health conditions and demographics as the individual who is being treated.
After defining the standard of care, the plaintiff must show that the defendant breached it. A breach can occur in many ways, such as a violation of a traffic law, a failure to diagnose an illness, or a failure to warn a consumer of dangers in a product. In many cases involving professional negligence, an expert witness will testify on behalf of each party regarding the standard of care and whether the defendant’s alleged acts or omissions constituted a breach of that standard.
Once the plaintiff has established a breach, he or she must show that the breach was the legal cause of the accident that resulted in the injuries. A breach is the legal cause of a plaintiff’s harm if the plaintiff would not have experienced that harm but for the defendant’s breach. Next, the plaintiff must provide evidence of the damages that he or she has suffered as a result of the defendant’s breach. For an occipital nerve injury, this typically includes medical bills, physical therapy treatments, and pain and suffering.
Unfortunately, many occipital nerve injuries are misdiagnosed as migraines or another type of chronic headache. Occipital neuralgia is a specific disorder that requires a directed treatment plan. Some ways to determine that you are experiencing occipital neuralgia instead of migraines are aching and burning pain at the base of the neck, throbbing sensations radiating toward the scalp, pain behind one eye, sensitivity to light, a tender scalp, and pain when rotating the neck.
Due to the severity of this condition, many victims miss several days of work, or they may be unable to return to work in the same job. In this instance, a plaintiff may be entitled to pursue compensation for lost income and loss of future earning capacity.
Discuss Your Negligence Claim with a Brooksville Lawyer
At Holliday Karatinos Law Firm, PLLC, our compassionate attorneys have over five decades of combined experience representing car accident victims and other injured individuals in the Brooksville area and throughout Florida. If you or someone you know has suffered an occipital nerve injury as the result of someone else’s negligence, you may be entitled to damages. We offer a free consultation, so you have nothing to lose. Call us now or contact us online to schedule an appointment.