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Are Anxiety Treatments Covered Under Car Accidents?

Everyone thinks about the physical consequences of car accidents: fractures, concussions, scrapes, and bruises. However, fewer people consider the emotional and mental effects of collisions caused by the shock, noise, and sudden impact.

Many of our car collision clients here at Rogers, Patrick, Westbrook & Brickman LLC have come to us with anxiety issues that linger from their car accidents. We have helped them collect compensation for these issues, and we can help you, too.

Here is what you need to know:

Can You Claim Anxiety After a Car Accident?

South Carolina law recognizes anxiety as a form of emotional distress and a coverable injury. Symptoms of collision-induced anxiety generally include panic attacks, trouble sleeping, or a fear of driving, which can severely impact your quality of life.

But to claim compensation for your anxiety, you need to prove the link between the accident and your mental condition and further demonstrate that you did not suffer from your anxiety before the collision.

How Do You Prove Anxiety for a Car Accident Claim?

To prove that your anxiety stemmed from your collision and not from a pre-existing condition, you will likely need previous medical records, testimony from a mental health professional, ongoing treatment documentation, and perhaps a personal journal of your mental health. The sooner you begin seeking treatment for your symptoms, the better: if you delay your treatment, the court could question the validity of your emotional distress claim.

What Types of Anxiety Treatments Are Covered?

If another driver’s negligence caused your accident and your resulting anxiety symptoms, you can seek compensation for therapy, prescription medications, or a combination of both. When you file a successful insurance claim or personal injury lawsuit, the at-fault driver’s insurance company will cover your physical and emotional injuries, including your anxiety treatments.

Why Is Seeking Legal Help Important for Anxiety Claims?

Unfortunately, when you file your claim to cover your medication or therapy, the at-fault driver’s insurance companies might downplay the severity of your mental health damage or deny your issues altogether. Because you cannot quantify emotional injuries like you could with physical injuries, many accident victims face uphill battles when seeking compensation for psychological conditions.

An experienced attorney can gather the necessary evidence, communicate with insurance companies, and protect your rights throughout the entire legal process. You deserve fair compensation to cover treatment costs and the impact of your anxiety symptoms on your life.

Fair Treatment for Your Post-Accident Anxiety with the Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

Trust the dedicated and compassionate Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC to fight for your interests and help you demand the compensation you need. We can take the legal burden off your shoulders so you can focus on your mental health. Call us at 843-727-6500 or fill out our online contact form for a free consultation. Our Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina offices serve clients all throughout South Carolina.

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    What Are My Legal Options if I Was Hit by a Drunk Driver?

    When inebriated, drivers act recklessly on the road, react more slowly to potential danger, and make poor decisions for their own and others’ safety. Unfortunately, drunk driving laws do not deter every driver in Charleston, South Carolina.

    Our legal team at Rogers, Patrick, Westbrook & Brickman LLC serves victims of drunk driving collisions all too often. If you need legal help, contact us today.

    Can You File a Lawsuit Against the Drunk Driver?

    If you get into a car accident with a drunk driver, you can pursue a civil case against that driver to recover damages related to your accident. This compensation includes calculable economic damages, such as medical bills, rehabilitation costs, lost wages due to an inability to work, and non-economic damages, such as pain and suffering, emotional trauma, and decreased quality of life.

    South Carolina might also bring criminal charges against the driver to punish them for driving while drunk. Additionally, in May 2024, the legislature passed a law that mandates ignition interlock devices on the vehicles of everyone convicted of a past DUI.

    Do You Need to Prove Liability?

    South Carolina law mandates reporting a car accident in the case of injury, death, or property damage above $1,000. However, for drunk driving incidents, you have an additional incentive to call 911 as soon as possible.

    To succeed in your DUI claim, you need to prove that the other driver’s intoxication directly led to the collision and caused your injuries. Generally, this will mean proving that their BAC exceeded legal limits during the crash. In other words, it is within your interest to get police on the scene as quickly as possible, so they can test the other driver’s blood alcohol levels via a breathalyzer or blood test and record their findings in the official police report.

    Can You Sue Other Parties Besides the Drunk Driver?

    South Carolina’s dram shop laws may allow you to sue the bar, restaurant, or social establishment that served alcohol to the at-fault driver. If you can prove through video recording or eyewitness testimony that the establishment in question observed signs of intoxication and still served alcohol to the drunk driver and then that that drunk driver caused your accident, you can bring a claim against the establishment.

    Speak with the Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC for More Information

    No one deserves to have their life upturned by the reckless decisions of others, especially in the case of a DUI. If you or a loved one needs legal help after a drunk driving crash, call the Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC at 843-727-6500 or fill out our online form for a free consultation. Our Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina offices serve DUI victims throughout the state.

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      Which Intersections in Charleston Are the Most Dangerous?

      Charleston’s beauty and historical charm have attracted many new residents, but the city’s infrastructure hasn’t kept up with the growing population. The resulting congestion has led to a significant increase in accidents at several high-traffic intersections.

      Here are some of the most dangerous intersections in Charleston that you should be aware of:

      • Dorchester Road and Ashley Phosphate Road: Thousands of vehicles pass through this intersection daily, often leading to frequent collisions due to the high volume of traffic. The combination of turning vehicles and pedestrians increases the risk of accidents, making it crucial for drivers to stay vigilant.
      • Savannah Highway and Main Road: This intersection presents additional hazards like limited visibility, which can worsen in poor weather. High speeds and frequent lane changes further complicate the driving experience. It’s important to approach this intersection with caution, especially during peak traffic times.
      • Rivers Avenue and Otranto Road: This intersection, known for its confusing layout, can be disorienting for drivers, contributing to a higher accident rate. The various lanes and turns can catch even experienced drivers off guard, leading to sudden stops and collisions.
      • Meeting Street and Calhoun Street: This busy intersection is a focal point for traffic and pedestrians. The influx of tourists and residents and limited crosswalks can create dangerous situations where cars and pedestrians may collide.

      Alongside traffic volume, visibility issues, and complex layouts, common factors like distracted driving also add to the hazards on Charleston’s roads. In South Carolina, distracted driving causes two crashes every hour. Drivers need to remain focused and minimize distractions while navigating these tricky intersections.

      What Can You Do to Stay Safe?

      Practicing defensive driving techniques is essential to stay safe in Charleston’s intersections. Here are some tips that can help you navigate these hazardous areas:

      • Put Away Distractions: Avoid using your phone, GPS, or other distractions in high-risk areas. Even a quick glance away can lead to a collision. If you need directions, program your GPS before you start driving or use hands-free technology.
      • Stay Focused: Limit conversations with passengers and avoid eating while driving through these intersections. Being mentally present is just as crucial as being physically attentive.
      • Drive Cautiously: Reduce your speed, increase your following distance, and always use turn signals when necessary. This gives other drivers a better chance to anticipate your actions, reducing the likelihood of accidents.
      • Look for Traffic Patterns: Pay attention to the flow of traffic and be aware of any unusual patterns. Some intersections may have specific times when traffic is heavier, and knowing these patterns can help you navigate more safely.

      Plan your route to avoid these intersections, or travel during off-peak hours to minimize risk. Alternatively, consider using side streets that may be less congested. Additionally, consider an insurance policy with ample coverage to protect you financially if an accident occurs.

      Despite these precautions, even the safest drivers can end up in an accident through no fault of their own. In such cases, having a skilled car accident attorney can make a crucial difference in navigating the legal process and ensuring you receive the compensation you deserve.

      Protect Your Rights With the Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

      The Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC have the experience and dedication to advocate for your best interests. Contact us at 843-727-6500 or fill out our online form for a free consultation. Our Charleston, Mt. Pleasant, Aiken, and Columbia offices serve clients throughout South Carolina.

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        Can Nerve Damage Occur After a Car Accident?

        The aftermath of car accidents can introduce any number of stressors into your life: insurance negotiations, medical emergencies, property damage, and mental anxiety and trauma. While all these very real consequences come into play over time, victims notice their physical injuries immediately — and in some severe cases, those injuries last.

        Nerve damage sits near the top of the list of the most common car accident injuries in Charleston, and our seasoned attorneys at Rogers, Patrick, Westbrook & Brickman LLC have helped clients from all backgrounds deal with the legal aftermath of these injury scenarios. If you have been in a car crash and you think you might be dealing with nerve damage, here is what you need to know.

        Why Is Immediate Medical Attention Important?

        In the immediate aftermath of a car accident, always get to a safer area, and seek medical attention by calling 911. Even if you do not feel severe pain initially, nerve damage can start off minor and worsen over time — doctors and physicians can perform tests to determine the extent of your injuries.

        Any number of things in the accident itself can cause nerve damage: direct trauma, whiplash, lacerations, fractures, stretch injuries, crush injuries, and even airbag or seatbelt impact can contribute. If the appropriate medical personnel catch your early signs of nerve damage, your prospects of recovery improve drastically.

        What Are the Signs and Symptoms of Nerve Damage?

        Here are some ways to tell if your post-accident pain might be nerve damage: if you experience numbness, tingling sensations, muscle weakness, or sharp, radiating pain in any part of your body, make sure to tell medical staff.

        What Are the Long-Term Effects of Nerve Damage?

        If left untreated or undertreated, nerve damage after a collision can result in chronic pain, which those affected have described as burning, tingling, or shooting sensations. Some car crash victims with nerve damage have reported a loss of sensation, muscle weakness, and even partial or complete paralysis in the affected areas, which has led, in some cases, to muscle atrophy.

        Even if you retain feeling in the injured areas, you may experience coordination and balance issues, irregular heart rate or blood pressure, and poor bladder control. But the symptoms do not stop there: the physical pain and lack of mobility have led to emotional and psychological challenges, including depression and anxiety, in some car accident victims.

        Other long-term effects of inadequately treated nerve damage include the following:

        • Hypersensitivity to light touch
        • Complex regional pain syndrome, characterized by severe and persistent pain in specific areas of the body
        • Hair and nail growth abnormalities
        • Digestion issues

        How Is Nerve Damage Proven in a Legal Case?

        If you believe that another driver caused your car accident — and therefore your nerve damage — you have the legal option of pursuing compensation to cover your medical expenses, emotional damage, and potential loss of income. However, proving nerve damage requires extensive medical documentation, which further emphasizes the necessity of seeing a doctor after your car accident.

        Get On the Road to Legal Recovery With the Charleston Car Accident Lawyers at Rogers, Patrick, Westbrook & Brickman LLC

        Even if you have this medical documentation, you still have to deal with insurance companies, potential disputes from other involved parties, and the legal labyrinth of the court system. Thankfully, the experienced Charleston car accident lawyers at Rogers, Patrick, Westbrook & Brickman LLC can guide you through the legal process. Fill out our online contact form or call us at 843-727-6500 for a free consultation. Our offices in Charleston, Mt. Pleasant, Aiken, and Columbia, South Carolina serve clients throughout the state.

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