Discover essential steps and legal advice for dealing with head-on collisions in Columbia, SC.
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How Do You Fix Whiplash?
Whiplash is typically diagnosed through a combination of a patient’s medical history, physical examinations, and sometimes imaging tests like X-rays to rule out fractures, dislocations, or other injuries that might mimic or accompany whiplash.
More detailed scans, such as MRI (magnetic resonance imaging) or CT (computed tomography) scans, are used to assess any severe or persistent symptoms by providing a more comprehensive view of the soft tissues, spinal cord, and nerves.
Whiplash treatment typically involves rest, which allows the muscles, joints, and ligaments in your neck time to heal. For most people, this involves taking time off work, which can negatively impact their income.
Other treatment options for whiplash may include:
- Pain management. Over-the-counter pain relievers such as ibuprofen or acetaminophen can be used to manage pain. In more severe cases, prescription painkillers and muscle relaxants may be used temporarily.
- Ice or heat. Applying ice or cold packs to the neck for the first few days post-injury can help reduce swelling and pain. After the initial few days, applying heat can aid in relaxing and healing the muscles.
- Physical therapy. Once acute pain is managed, physical therapy is often recommended to restore normal movement and strengthen the neck muscles. Exercises may include gentle stretching and gradually increasing the range of motion.
Do you ever fully recover from whiplash?
In the vast majority of cases, the answer is yes. For many people, mild whiplash symptoms begin to ease over a couple of weeks with proper care.
However, more severe forms of whiplash can take months of recovery. Some people need extensive physical therapy to recover their pre-injury abilities, so it’s essential to work with your medical team to identify new solutions if the initial treatments don’t provide you with relief.
What Kind of Settlement Should I Expect From Whiplash?
Whiplash compensation settlements can vary widely since the total amount you receive is based upon a number of factors, such as the severity of your injury, its impact on your daily life, the duration of your symptoms, your medical costs, and whether there is any long-term damage.
Generally, settlements may cover several types of compensation, including:
- Medical expenses. This includes costs for all medical treatment related to the whiplash injury, such as doctor visits, physical therapy, medication, and any necessary medical devices.
- Lost wages. If the injury caused you to miss work, you could be compensated for lost income. This also extends to future earnings if the injury affects your ability to work or earn at the same capacity as before the accident.
- Pain and suffering. This compensates for the physical pain and emotional distress resulting from the injury. The calculation for pain and suffering can vary, often based on the severity of the injury and its impact on your quality of life.
- Loss of enjoyment of life. If the injury impacts your ability to enjoy daily activities and hobbies that were part of your life before the accident, you may also be compensated for this loss.
Working with a Columbia personal injury attorney who understands the nuances of whiplash claims can help ensure that you receive a fair and adequate settlement based on the full extent of your damages.
What if My Whiplash Injury Occurred at Work?
If your injury occurred at work, then you may have the legal right to workers’ compensation benefits. These benefits cover the cost of medical care and a portion of lost wages while you’re unable to work.
Most South Carolina employers are required to carry workers’ compensation insurance, and eligible workers can receive these benefits regardless of who was responsible for their injury as long as it’s work-related.
In some cases, an injured worker may be able to receive workers’ comp benefits and also file a personal injury claim against a third party (like a defective parts manufacturer or another driver) whose negligence contributed to the accident.
This dual approach can be particularly beneficial since workers’ compensation typically covers medical expenses and a portion of lost wages but doesn’t compensate for pain and suffering. In such cases, filing a personal injury lawsuit against the responsible third party can help secure a more comprehensive compensation package that addresses the full spectrum of the injury’s impact on the worker’s life.
Do I Need an Attorney to File a Personal Injury Claim for Whiplash?
For minor whiplash cases where symptoms are minimal and recovery is swift, you might not necessarily need an attorney to file a personal injury claim. If the settlement offer from the insurance company seems fair and covers all your immediate medical expenses and lost wages, you may be able to handle it on your own.
However, there are several scenarios where having an attorney can be particularly beneficial:
- Severe injuries. If your whiplash injury is severe, causing long-term impairment or significant pain and suffering, an attorney can help ensure that you receive adequate compensation for all your medical treatments, ongoing care needs, and any long-term effects.
- Disputed liability. Sometimes, the other party or their insurance company disputes their client’s liability for the accident. An attorney can help prove fault by gathering evidence, consulting experts, and building a strong argument on your behalf.
- Complex legal issues. If there are complex legal issues involved, such as multiple parties, questions about insurance coverage, or legal limits on claims, an attorney can navigate these complexities to protect your interests.
- Maximizing your settlement. An attorney can often negotiate a better settlement than you might secure on your own, especially when it comes to compensation for pain and suffering and future damages.
- Uncooperative insurance company. If you’re having difficulty getting a response from an insurance company or if they’re offering a settlement that doesn’t adequately cover your costs and losses, an attorney can advocate on your behalf.
Additionally, since most personal injury attorneys offer no-cost initial consultations and are paid on a contingency basis, meaning they only get paid if you win your case, there’s often nothing to lose by reaching out to discuss your situation.
This arrangement allows you to get professional legal advice and representation without upfront fees, ensuring that you can pursue justice and compensation without financial risk.
Learn about your legal options for recovering compensation after an accident with an uninsured driver in Columbia.
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FAQs About Whiplash Lawsuits
As you begin to navigate your case, it helps to know the answers to these common questions about whiplash injuries.
How Do I Prove My Whiplash Injury Is Accident-Related?
First of all, it’s important to seek medical care immediately after the accident so you’ll have documentation that can help link your injury to the accident. An attorney can also help you begin compiling evidence that points to the relationship between your accident and the injury, including witness statements, photos, and police reports.
What if My Symptoms Appear or Worsen Days After the Accident?
Whiplash symptoms often appear in the days and weeks following an accident, and they can and do get worse. Seeking medical attention is best for finding out the cause of your symptoms, and you’ll want to let your attorney know about any new diagnosis that pertains to your case.
How Can an Attorney Help if the Insurance Company Denies My Claim?
Your attorney can check on your case to identify areas where they could improve your claim with supporting evidence or by identifying situations where your rights were not upheld.
Are There Time Limits for Filing a Whiplash Injury Claim in South Carolina?
In South Carolina, the statute of limitations to file a personal injury claim is typically 3 years, but there are some exceptions that increase or decrease this time limit, including cases involving minors or government entities.
It’s best to err on the side of caution by speaking with an attorney soon after your injury to learn about the deadlines for filing your claim.
I Have Whiplash From a Workplace Accident; What Should I Do?
If you’ve sustained whiplash from a work-related car accident or other incident at work, it’s important to first seek medical attention to diagnose and manage your injury. In South Carolina, you’re required to notify your employer within 90 days of the injury to start the workers’ compensation claim process. Be sure to also keep thorough documentation of all medical treatments and communications regarding the incident.
Additionally, it’s a good idea to consult an attorney who specializes in work injury cases. They can help determine whether you can file a personal injury claim alongside your workers’ compensation claim to potentially increase the compensation you receive for your injuries.
Suffering From Severe Whiplash? Get Help From an Experienced Columbia, SC Personal Injury Attorney.
Dealing with the aftermath of a whiplash injury can be overwhelming, but you don’t have to face it alone. Consulting with a skilled Columbia personal injury attorney can dramatically improve your chances of a favorable outcome.
At Smith, Born, Leventis, Taylor & Vega, we understand the complexities of whiplash claims and are prepared to advocate vigorously on your behalf. Contact us today for a free consultation, and let us guide you on the path to a successful recovery and the rightful compensation for your whiplash injury.
