Settlements for whiplash injuries in South Carolina vary based on numerous factors, including the severity of injuries, their impact on your life, and the duration of your recovery. Any compensation recovered will depend on the specifics of your whiplash case and the strength of your evidence.
Because every car accident case is unique and settlements vary widely, considering the average settlement for whiplash injury is not particularly useful. It’s better to consider the factors that affect settlements, the types of compensation available, and how to pursue a car accident claim.
What Is Whiplash?
Whiplash is a soft tissue injury to the neck. Whiplash injury is caused by a forceful impact to the head that extends the neck beyond its normal range of motion. It leads to strains and tears in neck muscles, tendons, and ligaments. Car accidents, particularly rear-end accidents, commonly cause whiplash injuries. Even minor whiplash can be painful and costly.
What Accidents Can Cause Whiplash?
Rear-end collisions are the most common cause of whiplash, but the injury can happen in any motor vehicle accident, including:
- Head-on collisions
- T-bone accidents
- Motorcycle accidents
- Truck accidents
- Bicycle or pedestrian accidents
Even a low-speed collision has the potential to cause whiplash and result in unexpected medical expenses.
What Are Common Symptoms of Whiplash?
Whiplash symptoms may appear immediately after a crash, but they also can take hours or even days to present themselves. You may feel uninjured immediately after a car crash, but wake up a day or two later with neck pain.
Some of the most common symptoms of whiplash include:
- Neck pain and stiffness
- Headaches
- Dizziness or vertigo
- Tingling or numbness in the arms
- Shoulder and back pain
- Difficulty concentrating
- Memory problems
- Fatigue
Car accident victims may fail to seek proper medical attention if they are not experiencing symptoms after a car wreck. Seeking a prompt medical evaluation allows doctors to diagnose injuries, such as concussions, that may only be apparent to a trained healthcare professional. A medical evaluation also connects your injury to the car accident and protects your rights if you need to pursue a car accident lawsuit.
What Factors Could Affect a Whiplash Settlement?
The value of any car accident settlement will depend on the following:
- Severity of Injury – More severe injuries come with more medical expenses, longer recovery times, more time out of work, and a greater impact on your daily life. Settlement amounts for these cases tend to be higher, particularly when the injuries cause permanent impairment.
- Lost Income – If a whiplash injury prevents you from working or reduces your earning capacity, it may increase the settlement amount. You may seek compensation for future lost wages related to your injuries.
- Duration of Recovery – Longer recovery times mean more medical expenses, more time out of work, and more emotional distress as you adapt to life with limited mobility. This can significantly impact the compensation you may claim.
- Insurance – Settlements may be limited by the at-fault driver’s auto insurance. If your medical bills and other losses exceed the limits of the at-fault driver’s auto insurance, you may need to make a claim against your uninsured/underinsured motorist coverage.
- Pre-Existing Conditions – If you had a pre-existing condition that was made worse by the accident, the auto insurance company may contend that the injury isn’t solely due to the crash. However, you are still entitled to seek compensation under South Carolina law when a car accident worsens an existing condition.
What Damages Could I Recover for My Whiplash Injury?
Compensation in a car accident claim covers both the financial losses and the physical and emotional damage caused by the accident. A car accident lawyer may pursue the following types of compensation on your behalf:
Economic Compensation
Economic compensation covers the monetary losses the at-fault party has caused you. This includes:
- Medical Expenses – Hospital visits, ambulance services, doctor’s appointments, prescription medications, medical devices, physical therapy and rehabilitation, and future medical expenses
- Lost Wages – Hourly wages or salary that you missed, including commissions and tips, missed raises or promotions, sick days and vacation time, medical benefits, and future lost wages
- Property Damage – The cost of repairing or replacing your vehicle and any other property damaged in the accident.
Non-Economic Compensation
Non-economic compensation accounts for the more intangible damage caused by the accident. That includes:
- Pain and Suffering – Compensation for the physical pain and mental anguish you’ve endured due to the accident and your injuries
- Emotional Distress – Compensation for things like anxiety, depression, or PTSD symptoms that the accident caused
What If the Driver Who Hit Me Has No Insurance?
Unfortunately, some drivers in South Carolina drive without auto insurance in violation of the law. If an uninsured driver crashes into you, you may need to file a claim against your own insurance. South Carolina law requires that every insurance policy include uninsured motorist coverage. If you have uninsured motorist coverage, you should be covered against losses caused by an uninsured driver.
Many auto policies also include underinsured motorist coverage, which can provide additional protection if the at-fault driver’s insurance policy is insufficient. An experienced car accident lawyer can identify all the insurance policies and sources of compensation available to cover your losses and demand a fair settlement on your behalf.
How Long Do I Have to File a Whiplash Injury Claim in South Carolina?
Under South Carolina law, you typically have three years from the date of the accident to file a car accident lawsuit. Missing this filing deadline can limit your legal options. There are certain exceptions to the statute of limitations. However, it’s crucial to speak with an auto accident attorney as soon as possible to understand your rights. A skilled auto accident attorney can start investigating your case and gathering evidence to support your claim before it is lost.
Contact a South Carolina Car Accident Injury Lawyer
If you’ve suffered whiplash in a car accident caused by someone else’s negligence, you need an experienced car accident attorney to protect your rights. The personal injury law firm McKinney, Tucker & Lemel LLC has decades of experience helping accident victims in South Carolina pursue whiplash injury claims. Our reputation is backed by numerous testimonials from former clients. Contact us today for a consultation to discuss your case and learn how we can assist you.
