Get answers to the most frequently asked questions about car accident brain and neck injury lawsuits in SC
If you’ve been in a car accident in Columbia, South Carolina, and suffered a head or neck injury, you’re probably dealing with more than just physical pain. These injuries can lead to long-term challenges like permanent disabilities, cognitive issues, and life-changing conditions that affect every part of your life. On top of that, the mounting medical bills for hospital stays, surgeries, therapy, medications, and other treatments can quickly overwhelm your family’s finances.
You shouldn’t have to face this alone. If someone else’s negligence caused your accident, they should be held accountable for the harm they’ve caused. Seeking compensation can help you cover the costs of your recovery and provide some relief during an incredibly difficult time.
At Chappell, Chappell, and Newman, we understand what you’re going through and are here to help. Whether you have questions about your legal rights or need assistance with a claim, we’ll stand by your side every step of the way.
Contact our experienced Columbia car accident attorneys today for a free consultation to learn how we can fight for the justice and compensation you deserve.
What is the most common neck injury in a car accident?
Injuries to the neck often result in devastating consequences. The impact from a motor vehicle crash can fracture vertebrae, damage soft tissue, and affect the joints that connect the spinal column to the brain. The neck serves as a central nervous system portal that connects the nerve endings throughout the body. When the neck is injured, pain and trauma can be experienced all over the body.
Whiplash is perhaps the most common neck injury incurred in automobile accidents, especially during rear-end accidents caused by distraction, drunk driving, or brake-checking. In these accidents, drivers and passengers in the front car are thrust forward, and when the momentum stops, their heads are thrust backward. This movement can cause whiplash, which can lead to cervical spine damage, lumbar back pain, and chronic headaches.
Other serious neck injuries from car crashes include:
- Thoracic outlet syndrome. Neck trauma from a car accident can lead to thoracic outlet syndrome (TOS), a condition caused by the compression of nerves or blood vessels between the collarbone and first rib. TOS can result in debilitating symptoms such as pain, numbness, and weakness in the neck, shoulder, arm, and hand, as well as serious complications like blood clots, gangrene, and amputations.
- Voice box payalysis. Paralysis of the voice box or larynx is another serious injury that can compromise the ability to speak and breathe. If the vocal cords become paralyzed, the condition can be permanent. Identifying and treating this type of injury is paramount to long-term recovery.
- Cervical spine injuries. Car accidents can also result in cervical spine injuries, including fractures, dislocations, herniated discs, and pinched nerves. These injuries may cause severe pain, numbness, tingling, or even paralysis if the spinal cord is affected.
These and other neck injuries can significantly impact the quality of life of accident victims, leading to symptoms like:
- Jaw pain
- Muscle spasms
- Limited range of motion
- Shoulder pain
- Chronic headaches and fatigue
- Blurred vision
- Dizziness
- Vertigo
- Inner ear problems
Without prompt medical attention and a correct diagnosis, these conditions can become permanent and lead to an inability to return to work.
What kind of brain injuries can you get from a car accident?
The brain is a delicate organ and essential to all life functions. Trauma to the head or brain is always considered a severe injury. Car crash victims often suffer head injuries when they’re thrown against hard surfaces, experience turbulence and thrashing of the head and neck, or when glass or metal pierces the skin or skull.
Below are some of the most common and serious brain injuries that happen during car accidents:
- Traumatic brain injuries (TBIs). A traumatic brain injury refers to damage to the brain caused by a sudden impact, jolt, or penetrating injury that disrupts normal brain function. A TBI can affect a victim’s ability to think clearly, make decisions, or function independently. If the skull is fractured, victims can lose their sight or experience other ocular complications. Skull fractures can cause loss of hearing, tinnitus, and loss of senses, such as taste or smell, that leave victims with sensory deficits that impact their emotional and physical well-being.
- Brain bleeds. Bleeding in the brain is a very dangerous situation. Depending upon the location of the injury, blood from vessels in the brain can become trapped between the brain and the skull, putting extreme pressure on the brain. If the bleeding continues to accumulate in that area, the pressure can be so great that parts of the brain shut down.
- Contusions (brain bruises). Direct trauma to the head can cause bruising of the brain tissue, leading to swelling, bleeding, and localized damage. Severe contusions may require surgical intervention.
- Diffuse axonal injuries (DAIs). High-impact accidents can cause the brain to rotate or shift within the skull, damaging the brain’s connecting fibers (axons). DAIs can result in unconsciousness or long-term neurological deficits.
Neurological damage from these types of injuries can leave victims unable to speak, walk, perform activities of daily living, or even breathe on their own. Mental and emotional changes often occur from brain injuries and can interfere with a victim’s ability to live independently. Simple tasks such as brushing teeth or bathing can even become significant obstacles.
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FAQs about neck and brain injuries in car accident lawsuits
How can I tell if a head injury is mild or severe?
The only way to know for sure if a head injury is mild or severe is to see a doctor. This is essential both for your health and for any potential legal claim. Mild injuries may cause symptoms like temporary headaches, dizziness, or mild confusion, while severe injuries can involve prolonged unconsciousness, memory loss, seizures, worsening headaches, and even wrongful death.
Symptoms can be delayed and may worsen over time, and issues like slurred speech, repeated vomiting, or unequal pupils often indicate a more serious condition. Seeking medical attention promptly ensures proper diagnosis, treatment, and documentation, which are critical for your recovery and protecting your legal rights.
How long after a car accident can neck injuries appear?
Similar to head injuries, neck injuries from a car accident can appear immediately, but in some cases, symptoms may not surface until hours, days, or even weeks later. For example, conditions like whiplash often cause delayed pain, stiffness, or reduced range of motion as inflammation develops over time.
It’s crucial to seek immediate medical attention after an accident, even if you feel fine initially, as early diagnosis can prevent complications and provide important documentation for any potential legal claims.
How do I know if my neck injury is serious?
As with brain injuries, the only way to definitely determine if a neck injury is serious is to consult a doctor as soon as possible. Symptoms such as severe pain, numbness, tingling, weakness, difficulty moving, dizziness, or loss of bladder or bowel control could indicate a serious condition like a fracture, nerve damage, or spinal cord injury.
Even if your symptoms seem mild, delayed issues like swelling or nerve compression can develop, so a medical evaluation is essential.
How do you prove a neck injury after a car accident?
To prove a neck injury after a car accident, it’s essential to seek immediate medical attention to diagnose the injury and establish a direct connection to the accident. Medical records, diagnostic imaging (like X-rays or MRIs), and documentation of symptoms and limitations can provide strong evidence.
Supporting materials such as the police report, witness statements, and accident scene photos can help further link the injury to the incident. We cannot stress enough that any delay in seeking treatment can significantly impact your ability to recover compensation through a personal injury claim.
How long after a car accident can you claim injury in SC?
In South Carolina, you generally have 3 years from the date of a car accident to file a personal injury lawsuit. This 3-year statute of limitations applies to most personal injury claims, including those arising from vehicle accidents.
Be aware that missing this deadline could result in losing your right to seek compensation for your injuries.
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How much can you get paid for a head or neck injury after a car accident in South Carolina?
The amount you can recover for a head or neck injury after a car accident depends on several factors, including the severity of your injuries, the extent of your medical expenses, and the impact the injury has on your life and ability to work.
Personal injury compensation typically falls into 2 main categories: economic and non-economic damages.
Economic damages cover actual financial losses like:
- Medical expenses. Covers the cost of hospital stays, surgeries, medications, physical therapy, and future medical care related to your injury.
- Lost wages. Reimburses you for income lost due to time away from work while recovering.
- Loss of earning capacity. Provides compensation if your injuries prevent you from returning to your previous job or limit your ability to earn in the future.
- Property damage. Covers repairs or replacement of your vehicle and other damaged property.
Non-economic damages cover losses that are more subjective and don’t have a direct dollar amount like:
- Pain and suffering. Compensation for physical pain, emotional distress, and reduced quality of life caused by the accident.
- Loss of enjoyment of life. Covers the inability to engage in hobbies, activities, or everyday pleasures you once enjoyed.
- Loss of consortium. Compensates for the impact your injuries may have on your relationship with your spouse or family.
Keep in mind that South Carolina follows a modified comparative negligence rule. This means you can only recover compensation if you are 50% or less at fault for the accident, and your compensation will be reduced according to your percentage of fault.
For example, if you were awarded $100,000 but found to be 20% at fault, you would only receive $80,000.
If you’ve been injured in a car accident, an experienced attorney can help build a strong case to prove you’re not at fault, calculate the full value of your claim, and fight to ensure you receive the compensation you deserve. This is especially critical if fault is being contested or partially attributed to you.
Where can I find the best car accident attorney in Columbia to help with my claim?
Head and neck injuries can result in life-altering complications requiring significant medical intervention and time off of work, creating a monetary crisis that many families are unable to overcome. Seeking the advice of an experienced car accident lawyer is essential to recovering the compensation that can ease this burden.
If you or someone you love has suffered a serious head or neck injury from a car accident in South Carolina, the knowledgeable Columbia personal injury lawyers at Chappell, Chappell, and Newman can help. For more than 30 years, our firm has been helping car accident victims throughout South Carolina get the full compensation they deserve. We’re ready to answer your questions, explain your legal options, and start building a strong case on your behalf.