Thoracic Outlet Syndrome & Your Rights After a Car Accident in SC

Learn about thoracic outlet syndrome, including symptoms, causes, treatments, and legal options after a car accident in Columbia

The aftermath of a car accident can be a whirlwind of physical and emotional challenges. Amidst the more obvious injuries, a less recognized but equally debilitating condition may emerge: thoracic outlet syndrome (TOS). If you’ve experienced pain, numbness, or weakness in your neck, shoulder, or arm following a car accident, TOS could be the culprit.

This article will help you understand thoracic outlet syndrome by exploring common symptoms, causes, and treatment options. We’ll also explain your legal rights in South Carolina and the steps to pursue compensation if your TOS was caused by another driver’s negligence. 

From seeking a medical diagnosis to navigating the complexities of personal injury claims, we’re here to guide you on your path to recovery and justice.

What is thoracic outlet syndrome?

Thoracic outlet syndrome (TOS) is a group of disorders that occur when the blood vessels or nerves in the space between your collarbone (clavicle) and your first rib, called the thoracic outlet, are compressed. 

The main types of thoracic outlet syndrome are:

• Neurogenic TOS (NTOS). This is the most common type and involves compression of the brachial plexus, a network of nerves that control muscle movements and sensation in your shoulder, arm, and hand. Symptoms might include numbness, tingling, pain, and weakness in the hand and arm. According to the Cleveland Clinic, NTOS accounts for 95% of all TOS cases and is often caused by sports or sudden trauma to the neck (whiplash).
• Venous TOS (VTOS). This type occurs when a vein is compressed in the thoracic outlet, leading to symptoms such as swelling, pain, and a bluish discoloration of the arm. VTOS is often associated with blood clots.
• Arterial TOS (ATOS). This is the rarest type, which occurs when an artery is compressed. Symptoms can include coldness in the arm or hand, weakened or no pulse in the affected arm, and muscle cramping. Without treatment, ATOS can cause complications like gangrene, which may require amputation.

While these types of TOS develop from different causes and usually manifest with slightly varying symptoms, each one necessitates prompt medical treatment to prevent further complications and long-term damage.

How is TOS treated?

Depending on which type you have, thoracic outlet syndrome is treated with a combination of physical therapy, medications, and lifestyle adjustments aimed at reducing the compression of nerves and blood vessels. 

Physical therapy is often the first step, focusing on exercises to improve posture and strengthen muscles, which can significantly alleviate symptoms. In some cases, pain relief medications or injections like corticosteroids may be used to manage inflammation and discomfort.

For more severe cases, where conservative treatments fail, surgery might be necessary to remove the source of compression, such as an extra rib or a portion of muscle.

What happens if TOS is not treated?

If thoracic outlet syndrome is not treated, the condition can progressively worsen, leading to more severe and persistent symptoms. Untreated TOS can cause chronic pain, numbness, and weakness in the affected arm and hand, significantly impacting daily activities and quality of life. 

In severe cases, lack of treatment can lead to complications such as muscle atrophy, blood clots, deep vein thrombosis, permanent nerve damage, and even loss of limb.

How does someone get thoracic outlet syndrome?

Thoracic outlet syndrome (TOS) often develops due to trauma, and one common cause is car accidents.

Particularly in high-impact accidents like rollovers, head-on crashes, multi-vehicle crashes, and truck accidents, the sudden force of impact can lead to whiplash or direct injury to the neck, shoulder, or chest area, compressing the nerves or blood vessels in the thoracic outlet.

The physical trauma from a car crash can also cause inflammation or structural damage, such as fractured ribs or misalignment, which can further contribute to the condition.

While car accidents are a significant cause, TOS can also develop from repetitive activities that strain the shoulder and neck, such as certain sports, poor posture, or physical labor. In some cases, anatomical abnormalities like an extra rib (cervical rib) or unusually tight muscles can increase the likelihood of developing TOS. 

Regardless of the cause, early diagnosis and treatment are key to managing symptoms and preventing long-term damage.

What are my legal options if I’m diagnosed with TOS after an accident?

If your TOS resulted from a car accident caused by someone else’s negligence, you may be able to pursue compensation through a personal injury lawsuit. In these cases, you will need to be able to prove that another party owed you a duty of care and breached their duty, and this breach directly led to the accident and your resulting injuries and damages. 

What is a duty of care? 

A duty of care is a legal obligation to act responsibly and avoid causing harm to others. A person can breach their duty of care through actions, like speeding or drunk driving, or inactions, like failing to yield the right of way.

If you can ultimately prove that the other party failed in their duty of care, you may be able to recover compensation for both economic damages, like medical bills, property damage to your car, and lost wages if you’re unable to work, as well as non-economic damages, like pain and suffering and emotional distress.

What if I’m partially to blame for the accident? Can I still get compensation in SC?

Yes, in South Carolina, you can still recover compensation if you’re partially at fault for an accident, as long as you’re 50% or less to blame. However, your compensation will be reduced by your percentage of fault.

Here’s an example: If you’re found to be 25% at fault for a car accident because you were driving 5 mph over the speed limit, your final compensation would be reduced by 25%. So, in this case, if you would have been awarded $100,000, your final compensation would be $75,000.

Because the stakes are so high when it comes to determining fault after a car accident, it’s highly recommended that you consult with a local Columbia personal injury attorney experienced in car accident cases to ensure your rights are protected.

How long do I have to file a personal injury claim after a TOS diagnosis in SC?

If you’ve been diagnosed with thoracic outlet syndrome due to a personal injury in South Carolina, such as a car accident, you have 3 years from the date of the accident to file a personal injury claim. If you fail to file a claim within the 3-year statute of limitations, you will likely give up your right to pursue compensation.

Were you injured in a car accident due to someone else’s negligence in Columbia? We can help!

With over 30 years of experience in personal injury law, the skilled Columbia car accident attorneys at Chappell, Chappell & Newman can provide the legal guidance you need to pursue compensation for thoracic outlet syndrome after a car accident. 

Our team is dedicated to helping our clients reduce their liability and maximize their compensation by thoroughly investigating the accidents, gathering crucial evidence, and working with medical experts to substantiate their claims. 

We understand the complexities of TOS and how it can affect your life, so ensuring that you receive fair compensation for medical bills, lost wages, and pain and suffering is our top concern.

Find out how we can help with your claim today by scheduling a free consultation.

References

Cleveland Clinic. (2023, May 3). Thoracic Outlet Syndrome (TOS). Cleveland Clinic. https://my.clevelandclinic.org/health/diseases/17553-thoracic-outlet-syndrome-tos