Car Accident Back Injury

Suffer a Back Injury in a Car Crash? You Need Full and Fair Financial Compensation

Thousands of people are injured in car accidents every year. According to data from the South Carolina Department of Public Safety (SCDPS), there were more than 50,000 motor vehicle accident injuries statewide in 2022 alone. Some of the more common injuries in car accidents each year are back injuries. Who could you turn to if you or a loved one have suffered a car accident back injury?

You may be able to rely on a trained Moncks Corner auto accident lawyer to obtain your back injury settlement. We can help fight to reimburse the damages you received and help you and your family move forward. If you or your loved one suffered any type of back injury in a crash, we are here to help. Contact us today for a free consultation with a South Carolina car accident back injury lawyer.

What Are Common Back Injuries from a Car Accident?

In a car accident, drivers and passengers may be injured by sudden stops, hitting the doors, steering wheel, or other internal parts of the car, or even being ejected from the vehicle. All these impacts can cause damage to the back. Some types of damage include:

  • Whiplash: Whiplash is a form of soft tissue damage that is relatively common in car accidents. While whiplash is commonly thought of as a type of neck strain, the injury often impacts the victim’s back as well and can cause chronic pain.
  • Herniated Disc: A herniated disc happens when the soft inner material of a spinal disc pushes through the tough outer layer, often due to sudden impact. It can put pressure on nearby nerves and cause serious pain, numbness, or weakness in the back, legs, or arms.
  • Spinal Fractures: A spinal fracture occurs when one or more vertebrae break due to the intense force of a crash. These fractures can cause severe back pain, limited mobility, and, in some cases, spinal cord damage. Immediate medical attention is a must.
  • Compression Fracture: A compression fracture occurs when the vertebrae in the spine collapse due to excessive force, often in high-impact crashes. The injury can cause severe back pain, height loss, and even spinal deformity if left untreated.
  • Spondylolisthesis: Spondylolisthesis happens when a vertebra slips out of place due to stress or trauma from a car crash. It can compress nerves and cause lower back problems. In mild cases, physical therapy helps, but in severe cases may require spinal fusion surgery.
  • Cauda Equina Syndrome: Broadly explained, cauda equina syndrome occurs when the nerve roots at the base of the spine are compressed due to severe trauma. Some of the most common symptoms include severe lower back pain and loss of bladder or bowel control.
  • Spinal Cord Injury: A spinal cord injury (SCI) is one of the most serious back injuries, potentially leading to partial or complete paralysis. It can occur when the spinal cord is damaged due to direct trauma or excessive pressure. Spinal cord injuries are catastrophic.

Where Do Back Injuries Occur?

Back injuries from car accidents can occur in any of the different regions of the spine—and the exact location of the trauma will carry its own unique risks and potential complications. The spine is divided into three main sections: the cervical spine (upper back and neck), the thoracic spine (mid-back), and the lumbar spine (lower back). The severity and symptoms of an injury depend, in part, on which area of the spine is affected. Here is an overview:

  • Upper Back Injuries: Upper back injuries or cervical spine injuries may result in paralysis, immobility of the neck, or significant pain. Notably, damage to the cervical spine (upper back region) can cause radiating pain, headaches, and chronic dizziness.
  • Middle Back Injuries: Middle back injuries, or thoracic spine injuries, can cause intense pain, problems with movement, or paralysis. Thoracic vertebrae are narrower than other types of vertebrae, and injuries to them may cause greater damage.
  • Lower Back Injuries: Injuries to the lower back, or lumbar spine injuries commonly result in lower back pain, problems lifting, or even paralysis.

Can a Car Accident Cause Paralysis?

According to the National Spinal Cord Injury Statistical Center, car crashes are the leading cause of all spinal cord injuries. Of the thousands of car accident spinal injuries every year, around nineteen percent cause total paralysis of at least two limbs (paraplegia), and thirteen percent involve all four limbs plus breathing (tetraplegia).

Potential Treatments for Back Injuries From a Car Accident

If you or someone you love has suffered back injuries from a car accident, it is important that you seek professional treatment as soon as possible. Prompt treatment not only reduces the risk of injury to you but also documents the injuries from the accident. Here are some of the key things to know about getting medical treatment for a back injury sustained in a motor vehicle collision:

  • Prompt Medical Care is a Must: It is important that a doctor examine you following your accident, even if you appear to be doing fine. They may be able to spot damage to your spine and direct you toward a proper course of further action. Make sure to obtain copies of any information he gives you on your condition, as it will be useful in filing your case.
  • Simple Remedies Can Help but are Often Not Sufficient: Some simple treatments may involve ice, over-the-counter painkillers, and rest. While these may not be enough, they are a good beginning. If you suffered any type of back injury in a crash in South Carolina, it is crucial that you get assessed by a doctor.
  • A Chiropractor May Help, but Insurance May or May Not Cover Care: After a car accident, some people seek help from a chiropractor. A chiropractor manipulates the back to ensure the spine is in proper alignment. It should be noted that not all insurance companies cover chiropractic care. Our South Carolina car accident lawyers can help you seek the maximum financial compensation.
  • Physical Therapy is Often Helpful: Your doctor may also suggest physical therapy. Certain forms of movement therapy, such as stretching or yoga, may help relieve some back pain. However, you are advised to consult a doctor before starting any exercise program, especially if it involves possible aggravation of back injuries.
  • Surgery May Be Required for Severe Back Injuries: Your doctor may suggest surgery for your back condition. Like all treatments, this may have drawbacks. Should you wish, you are encouraged to seek a second opinion. Back surgery is a major operation. It is crucial that you are able to get access to the proper acre.

Make sure to keep track of your bills from the doctor, chiropractor, or physical therapist. This ensures that the damages you have suffered can be quantified and can be used as evidence for your settlement. You will need documentation to get compensation for your medical care.

What Damages Can You Seek If Your Back Has Been Injured in a Crash?

First, it is important to note that what you do can lessen your potential car accident back injury settlement. Therefore, it is important that you document all damages from the accident. In South Carolina, car accident victims have the right to seek compensation for the full extent of their damages, including for non-economic losses. You may be able to recover for:

  • Emergency Care and Other Medical Care: If you have suffered a car accident or spinal injury, you will no doubt have had medical treatment, be it in a hospital, at a doctor’s office, by a chiropractor, or by a physical therapist. Even if surgery is not involved, these damages are recoverable.
  • Rehabilitative Care and Long-Term Medical Support: Further, in many cases, you may have to undergo further medical treatment, even after the trial. Paralysis requires lifelong medical care, and other spinal injuries may affect you for the rest of your life. These damages may be recoverable in a court case or a settlement.
  • Loss of Current and Future Income: You may be eligible for damages from lost income should you become unable to work. Car accident victims in South Carolina can pursue financial compensation for the time that they already missed at work (lost wages) and the long-term effects of their back injury (diminished earning capacity).
  • Pain and Suffering: Back injuries are notoriously painful. They can be completely debilitating. Pain, suffering, and emotional distress are forms of non-economic damages. In South Carolina, car accident victims who suffered a back injury can seek compensation for both pain and suffering and mental distress.
  • Loss of Quality of Life: A back injury from a car crash can cause long-term or even permanent impairments. If you cannot live the life you enjoyed before the accident, you may be eligible for damages in certain cases. Your lawyer will be able to discuss this possibility with you.
  • Punitive Damages: Finally, if the other party was grossly negligent, you may also be eligible for punitive damages from the accident. For example, if you suffered a serious back injury in a crash with a drunk driver, punitive damages may potentially be an option. To be clear, this only happens in a minority of cases, but you should discuss this with your lawyer.

What to Know About Liability for Car Accidents in South Carolina

If you suffered a back injury in a car accident in South Carolina, it is important to understand how liability works. South Carolina is a fault-based motor vehicle accident state. The fault is based on negligence. A driver (or other party) who fails to take proper care can be held legally responsible for causing a crash. Some common examples of negligence that cause car accidents include:

  • Speeding;
  • Distracted driving;
  • Running red lights;
  • Running stop signs;
  • Unsafe lane changes;
  • Drunk/drugged driving;
  • Unsafe truck company practices and
  • Vehicle manufacturer defects.

Every crash that causes a serious back injury in South Carolina should be thoroughly investigated. Our state follows a modified comparative negligence rule. You can recover damages as long as you are less than 51 percent at fault for the accident. However, your compensation will be reduced by the percentage of your fault. Evidence is crucial to protecting your rights and proving fault.

Be Proactive: South Carolina Statute of Limitations

You have a limited amount of time to bring a personal injury claim for a back injury after a car crash in South Carolina. Under South Carolina Code § 15-3-530, there is a three-year statute of limitations. If you fail to initiate a claim in a timely manner, you will not be able to recover compensation. Be proactive: Consult with a South Carolina car accident lawyer right away after a collision.

Why Trust West Law Firm for Help With a Car Accident Back Injury Case in South Carolina

Car accident injury claims are complicated—especially so for people who sustained a major back injury. Unfortunately, insurance companies can be extremely aggressive in these cases. They may try to fight to settle your claim for less. At West Law Firm, P.A., we are proactive advocates for justice. With millions recovered for victims and families, our case results tell the story. Among other things, our South Carolina car accident back injury attorney is prepared to:

  • Hear your story and answer questions about your legal case;
  • Investigate your crash—gathering all relevant evidence to bring a claim;
  • Connect you with the right medical professionals for your back injury;
  • Represent you in any settlement negotiations with the insurance company and
  • Develop a comprehensive strategy to help you secure the maximum compensation.

Contact Our Car Accident Lawyer About Pursuing Your Back Injury Settlement

If you or a loved one has had a back injury in a car accident, and you are uncertain where to turn, there is help. West Law Firm in Moncks Corner, South Carolina, has an extensive record of seventy-five years of service to the local community. Our lawyers have a wealth of courtroom experience and can help guide you in your case. Call or contact us online for a free, no-obligation consultation. With an office in Moncks Corner, we handle car accident back injury claims throughout the surrounding region in South Carolina.

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