You are stopped at a red light in Summerville or slowing down in traffic on I-26 when you feel the sudden impact of a vehicle from behind. Your head snaps forward and backward violently. At the scene, you might tell the police officer, “I’m fine, just a little sore.”
Many South Carolina drivers assume “whiplash” is a minor inconvenience that resolves with a few days of rest. However, what feels like a simple neck strain can often mask significant structural damage to the spine.
At Bringardner Injury Law Firm, we frequently see how “minor” soft-tissue injuries evolve into chronic conditions requiring surgery. Understanding the medical reality of these injuries and how insurance companies try to minimize them is critical for protecting your future.
Key Takeaways
- Medical Reality: Whiplash is clinically known as Cervical Acceleration-Deceleration (CAD) syndrome and can tear ligaments or rupture discs.
- Delayed Onset: Serious symptoms often do not appear for 24 to 72 hours after the crash.
- Insurance Tactics: Insurers often use “gaps in treatment” to deny claims for spinal injuries.
- Geography: Rear-end collisions are a leading cause of these injuries on congested routes in Berkeley and Dorchester counties.
Beyond “Just a Sore Neck”: The Hidden Dangers of CAD
The term “whiplash” describes the mechanism of injury, not the medical diagnosis. When a vehicle strikes you, the force transfers to your neck faster than your muscles can react. This can result in:
- Herniated Discs
The violent motion can cause the rubbery cushions (discs) between your vertebrae to rupture. If the inner material leaks out and presses on a nerve, it can cause radiculopathy—pain, numbness, or “pins and needles” that travel down your arm into your fingers.
- Facet Joint Injuries
The small joints that stabilize your head can become inflamed or damaged, leading to chronic headaches and a restricted range of motion that physical therapy alone may not fix.
- Ligament Laxity
Stretched ligaments may never tighten back to their original state, causing permanent instability in the cervical spine.
Why “Gaps in Treatment” Destroy Claims
One of the most common reasons insurance adjusters deny spinal injury claims is a delay in medical care.
If you wait two weeks to see a doctor because you “thought the pain would go away,” the insurance company will argue that your injury was caused by something else during that two-week window, not the car accident.
What you should do:
- Seek immediate evaluation: Go to an Urgent Care or ER immediately, even if the pain is mild.
- Request imaging: X-rays often miss soft tissue damage. If pain persists, follow up with a specialist who may order an MRI to check for a disc herniation.
- Follow doctor’s orders: Missed physical therapy appointments are used by defense lawyers to argue that you aren’t really hurt.
How Insurance Companies Downplay Whiplash
Insurers use software (like Colossus) to value claims, which often defaults to treating soft-tissue injuries as minor, temporary annoyances. They may argue:
- “The property damage to your car was minimal, so you can’t be injured.” (This is scientifically false; vehicles are designed to absorb impact, but kinetic energy is still transferred to the occupant.)
- “Your injury is pre-existing/degenerative.” (Common for drivers over 40).
How We Fight for Your Recovery
At Bringardner Injury Law Firm, we approach spinal injury cases with a litigation mindset. We do not rely on generic settlement calculators. Instead, we build a case based on medical evidence:
- Medical Narrative: We work to ensure your treating physicians clearly document how the accident caused your specific injury.
- Objective Evidence: We help you understand the importance of objective testing, like MRIs or nerve conduction studies, that provide proof beyond pain complaints.
- Trial Preparation: We prepare every file as if it will go before a jury, which forces insurance companies to evaluate your claim fairly.
If you are suffering from neck pain, numbness, or headaches after an accident in Charleston, Summerville, or Beaufort, do not sign a medical release for the insurance adjuster without legal counsel. Call us today for a free case evaluation* for your personal injury claim.
FAQ: Whiplash & Spinal Trauma in South Carolina
What if my symptoms didn’t start until three days later? This is common. Adrenaline often masks pain immediately after a crash. You can still pursue a claim, but it is vital to see a doctor as soon as symptoms appear in order to document the “delayed onset”.
Can I recover damages if I have a pre-existing back condition? Yes. South Carolina law allows you to recover damages if an accident aggravated or worsened a pre-existing condition. You are entitled to compensation for the difference in your health before and after the crash.
