Whiplash Lawyer Charleston SC

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Whiplash injury after car accident

What is Whiplash?

Whiplash is one of the most common injuries you can sustain from the impact of an auto accident. Whiplash is where the tissue surrounding the head and neck becomes damaged which is caused by sudden movement of the head, producing a whipping motion, hence the term whip-lash.

Commonly, this type of injury is the result of a rear-end car accident but can also be caused by a sporting accident and other traumas too.

In many cases, it can take days for the signs and symptoms of whiplash to appear. At first, you may not even realize that you have it.

What are the Main Whiplash Symptoms?

Whiplash symptoms may vary from person to person, but the symptoms can include:

  • Neck pain
  • Stiffness and difficulties moving your neck
  • Headaches
  • Back pain
  • Shoulder pain
  • Muscle spasms in the shoulders and arms
  • Concussion
  • Shock
  • “Pins and needles” feeling

Can I Sue for Whiplash from a Car Accident?

Yes. However, it’s important to seek medical advice and/or treatment following your accident. It can be difficult to prove a whiplash injury, so having the symptoms noted in your medical file is extremely important to your case. The doctor may ask you a series of questions, including questions about your symptoms to diagnose your whiplash. Tell your doctor all the signs and symptoms of your injury so he can diagnose the injury and add it to your medical records, we’ll need these during the discovery phase of your case.


If you have delayed whiplash symptoms, for example a day or two after your accident, seek medical advice as soon as you can.

Filing a whiplash claim in SC

If you are thinking of filing a whiplash claim in South Carolina, the statute of limitations (the time limit you have to file your claim) will vary depending on a number of factors, including the state in which the accident occurred.

At Clore Law, we can look at your circumstances and advise whether you are eligible to file a claim.  Contact us today to speak with an experienced lawyer who can provide professional legal advice on your specific situation.

If you are eligible, we can file your case. Once this is filed, you will become a plaintiff and the at-fault party becomes a defendant. At this point, we will start the discovery phase of your claim. This includes gathering facts through an exchange of documents, written questions or depositions. The discovery phase may also be made up of:

Medical examinations: A medical examination is largely undertaken by your chosen doctor. However, the defendant or insurance company can request a second opinion.

Gathering documentation: Here we may need copies of your insurance policy, plus any other relevant documentation for the case including your medical records. The correct documentation can help with your case in order to demonstrate to the court and/or insurance company that you have the right to file a claim.

  • Depositions: This can be an important aspect of the discovery process. A deposition is simply a witness testimony given outside of court yet still under oath.
  • Interrogatories: These are a set of questions that we will issue in writing. The questions are to be answered under oath by the party receiving them.
  • Expert witnesses: Depending on the complexities of the case, sometimes an expert witness is used. This is a highly trained, trustworthy professional who can provide testimony based on their expertise associated to the case.

What Happens After the Discovery Phase?

By the time the discovery is complete, both parties should have a full view of the case with an understanding of what evidence will be presented at trial. At this stage, both parties will reconsider their positions and usually settle the case. However, if the parties are unable to settle, the case will go to trial.

If you’ve suffered whiplash due to another party’s negligence, please get in touch.

Since consultations are always free, there’s no cost in learning your legal options.