South Carolina Spinal Cord Injury Lawyer

Understanding Spinal Cord Injury Classifications

The medical and legal significance of a spinal cord injury depends substantially on its classification. Understanding these distinctions is critical to building a claim that accounts for the true lifetime costs of your injury.

Complete vs. Incomplete Injuries:

A complete spinal cord injury results in total loss of all motor function and sensation below the injury level. No signals pass the point of damage, meaning paralysis below that level is permanent.

An incomplete spinal cord injury means some motor or sensory function is preserved below the injury site. Recovery varies significantly with the severity and location of injury, and treatment advances have made incomplete injuries more common relative to complete injuries over time.

Injury Level and Its Effect:

• Cervical injuries (C1–C8) affect the neck and typically cause tetraplegia (quadriplegia), impairing all four limbs. High cervical injuries may also impair breathing, requiring ventilator support.
• Thoracic injuries (T1–T12) affect the chest and upper back, generally causing paraplegia, loss of function in the legs, while the arms remain functional.
• Lumbar and sacral injuries (L1–S5) affect the lower back and hip region, potentially impairing leg movement, bladder, and bowel function.

The higher the injury on the spinal cord, the greater the impairment and the higher the lifetime cost of care. A cervical injury claim must account for substantially larger lifetime expenses than a lumbar injury claim, and our attorneys ensure that distinction is reflected fully in every demand and settlement calculation.

How Spinal Cord Injuries Happen in South Carolina

Spinal cord injuries are categorized as “traumatic” or “nontraumatic.” Traumatic spinal cord injuries occur when a traumatic blow to the spinal cord damages one or more of your vertebrae. They can also occur if a foreign object, such as a bullet or knife, penetrates and cuts the spinal cord. Traumatic spinal cord injuries can worsen in the days, weeks, or months after the inciting event due to inflammation, accumulation of fluids, and bleeding.

According to the Eunice Kennedy Shriver National Institute of Child Health and Human Development, about 18,000 new spinal cord injury cases occur annually in the United States, with an estimated 255,000 to 390,000 people currently living with such injuries. Roughly 80% of patients are male, according to NIH risk factor data.

Seatbelt use can cut the risk of motor vehicle–related spinal cord injuries by more than half, and when combined with a functioning airbag, the protection is even greater. Nontraumatic spinal cord injuries are typically caused by other conditions, such as cancer, infections, or arthritis.

Spinal cord injuries are frequently the result of:

Long-term Impacts of Spinal Cord Injuries

Many of the health complications stemming from even a relatively minor spinal cord injury are likely to be permanent and life-changing. In many cases, the injury will affect the victim’s ability to move and live independently, preventing them from working. Though some symptoms can be relieved or resolved through medical treatment, many others are likely to persist or even worsen over time.

Consequences of spinal cord injuries may include:

• Complete or partial paralysis
• Osteoporosis, which is a weakening of the bones
• Muscle spasms
• Numbness or weakness in the extremities
• Increased susceptibility to infections
• Mental health issues, including depression

Recovering Damages for Spinal Cord Injuries Through a South Carolina Personal Injury Claim

If your spinal cord injury was caused by the negligent or reckless actions of another person or organization, you have the right to seek damages through a personal injury lawsuit. To prevail, you will need to establish that the defendant owed you a duty of care and that their violation of that duty of care led to your injuries. There are many scenarios in which another party owes you a legal duty of care: A property owner has a duty to keep their premises reasonably safe from dangerous hazards, while a driver has a duty to follow traffic rules.

With more than 19 years of experience as a licensed member of the South Carolina Bar, attorney Tyler Bathrick has helped countless clients navigate these complex legal principles to establish liability and pursue justice. Our South Carolina spinal cord injury attorneys can assess your circumstances and determine whether you have a claim.

To recover compensation, you must file a personal injury claim before the statute of limitations expires. In South Carolina, you get three years from the date of the accident to initiate the legal process. Missing this deadline will prevent you from recovering any damages, even if you have a strong case, so reach out to Stewart Law Offices as soon as you can after an accident.

In some situations, you may not be initially aware that you have suffered a spinal cord injury. For example, if a spinal cord injury is a result of medical malpractice, you may not become aware of the injury until months or even years after the negligent act. South Carolina’s discovery rule gives you three years from the date you discovered or should have discovered the existence of an injury to bring a claim. In cases involving medical malpractice, you cannot take any legal action after six years have passed from the date of the negligent act.

When representing you in a personal injury lawsuit, we will work to get you compensation for all economic and non-economic damages, including:

• Past, current, and future medical bills
• Lost wages and earning capacity
• Property damage
• Emotional distress
• Physical pain and suffering
• Loss of consortium

South Carolina’s Modified Comparative Fault Rule

South Carolina follows a modified comparative fault standard under S.C. Code § 15-38-15. This means your recovery is reduced by your percentage of fault, but eliminated if your fault exceeds 50%.

Because spinal cord injury cases involve enormous damages, the at-fault party and their insurer will invest significant resources in attempts to shift blame onto you and elevate your fault percentage as high as possible. An attorney who conducts an independent investigation, preserves physical and electronic evidence, and presents the facts accurately is essential to protecting the full value of your claim from day one.

Proving Negligence in a South Carolina SCI Case

To recover full compensation, your claim must establish four elements of negligence: duty of care, breach of duty, causation, and damages. The evidence our attorneys gather to build that case includes:

• Police and incident reports
• Surveillance footage from the crash or fall scene
• Vehicle black box (Event Data Recorder) data in collision cases
• Medical records and expert neurological and neurosurgical testimony
• OSHA records and safety violation documentation in workplace cases
• Maintenance records and inspection logs in premises liability cases
• Accident reconstruction expert analysis
• Witness testimony
• Life care plans are prepared by certified life care planners, projecting every future medical and personal care expense
• Vocational economic expert analysis of the lifetime lost earning capacity

Securing Workers’ Compensation Benefits for Spinal Cord Injuries in South Carolina

Some spinal cord injuries may be caused by workplace accidents or even repetitive strain injuries. If the injury is work-related, you cannot sue your employer, even if they acted negligently. You must instead seek compensation through a workers’ compensation claim.

If you were an employee when the injury occurred and your employer employs at least four employees, you are most likely covered by workers’ compensation insurance. You do not have to prove fault to receive benefits, but you must report your injury to your employer within 90 days of the accident (or within 90 days of discovering a repetitive strain injury may be work-related). If you miss this deadline, your claim may be denied. Generally, you should make every effort to report your injury, in writing, as quickly as possible.

You may have difficulty getting the benefits you deserve through workers’ compensation after a workplace accident. Because your employer’s insurer gets to choose your medical care providers, they may select someone who does not acknowledge the severity of your injuries and consequently does not order sufficient treatment. These issues can also prevent you from accessing temporary or permanent disability benefits if the chosen care provider does not agree that you are unable to return to work. Your claim could even be denied outright.

Whether you are frustrated with the quality of the doctor chosen by your insurance company or are having difficulty getting disability benefits, we are prepared to assist you with your claim and will pursue the best possible outcome.

Have You Or A Loved One Been Injured?

After an injury, you need dedicated representation from a South Carolina personal injury lawyer. If you suffered a spinal injury at work or in an accident, you deserve just compensation and quality legal representation. Contact Stewart Law Offices today to learn more about how we can help you fight for the compensation you deserve.