Injured in South Carolina? Here’s what you need to know about spinal cord injury claims.
While spinal cord injuries are not the most common type of injury, they often have a devastating impact on those who experience them, both physically and emotionally.
According to the National Spinal Cord Injury Statistical Center, 17,730 new spinal cord injuries are diagnosed each year, and an estimated 291,000 people live with spinal cord injuries in the U.S.
Source: https://news.feinberg.northwestern.edu/2023/10/25/developing-new-approaches-for-spinal-cord-injury/
We understand the significant challenges that spinal cord injury victims and their families face in South Carolina.
Research from the National Institutes of Health (NIH) sheds light on the causes and patterns of these severe injuries.
- The primary culprits are vehicle accidents and falls, together accounting for over half of all cases.
- Other causes like gunshot wounds, motorcycle crashes, and diving accidents are also significant contributors.
The NIH study also reveals interesting trends:
- Car accidents are the leading cause of spinal cord injuries for individuals under 45.
- Falls become the primary cause for those over 45.
- Certain activities like motorcycle riding and diving are more likely to lead to injuries in men.
- Gunshot wounds disproportionately affect certain racial groups.
The research even highlights an increase in spinal cord injuries during warmer months and weekends, likely due to increased recreational activities.
Types of spinal cord injuries and their impact
Every spinal cord injury is unique, varying in severity and location. Knowing the types of injuries can help you understand their potential impact on your life.
Where did the injury occur?
Your spine is divided into 4 sections, each protecting different nerves that control specific body functions:
- Cervical (neck). Injuries to the C1-C7 vertebrae are the most serious, often resulting in paralysis.
- Thoracic (upper and middle back). Injuries to the T1-T12 vertebrae can affect the chest, back, and abdomen.
- Lumbar (lower back). Injuries to the L1-L5 vertebrae can cause problems with the hips and legs, making it difficult to stand or walk.
- Sacral (base of the spine). Injuries to the S1-S4 vertebrae can lead to problems in the hips, thighs, buttocks, and pelvis.
How severe is the injury?
Spinal cord injuries are also classified as complete or incomplete:
- Incomplete spinal cord injury. There are some remaining functions below the injury site. This can result in numbness, pain, and limited range of motion.
- Complete spinal cord injury. There is a total loss of function below the injury site, potentially leading to severe disabilities like paraplegia (paralysis of the legs) or tetraplegia (paralysis of all four limbs).
Understanding the type and severity of your spinal cord injury is crucial for determining the best course of treatment and recovery. It can also help you understand the potential for long-term complications and how to manage them effectively.
What are your rights after a spinal cord injury caused by someone else’s negligence?
Sadly, many spinal cord injuries could have been prevented. They often occur due to someone else’s negligence—a failure to act with reasonable care.
Let’s look at some examples of negligence that can lead to devastating spinal cord injuries:
- Car crashes and serious collisions. A distracted driver runs a red light, causing a T-bone collision that leaves the other driver with a severe spinal injury.
- Workplace accidents. An employer fails to provide proper safety equipment or training, leading to a fall that fractures an employee’s spine.
- Defective products. A faulty seat belt fails to restrain a passenger during a car crash, causing them to be thrown from the vehicle and sustain a spinal cord injury.
- Premises liability. A property owner neglects to fix a broken staircase, causing a tenant to fall and suffer a spinal injury.
- Medical malpractice. A surgeon makes an error during a spinal procedure, resulting in nerve damage and paralysis.
In each of these scenarios, someone’s negligence directly led to a life-altering injury.
What exactly is negligence?
In legal terms, it means that someone:
- Owed you a duty of care. For example, drivers owe a duty to operate their vehicles safely and follow traffic laws.
- Breached that duty of care. This could mean speeding, running a red light, or texting while driving.
- Caused your injury. The breach of duty directly resulted in your spinal cord injury.
You may be entitled to compensation if negligence played a role in your injury.
If you’ve experienced a spinal cord injury due to someone else’s negligence, you have the right to seek compensation.
Proving negligence in a spinal cord injury case requires a thorough understanding of the law and meticulous investigation. We specialize in these types of cases and will fight tirelessly to hold the responsible party accountable.
Seeking justice after a spinal cord injury
The financial burden of a spinal cord injury can be immense. Medical bills, lost wages, and ongoing care can quickly add up.
South Carolina law provides avenues for compensation, primarily through 2 types of damages:
- Compensatory damages. These damages aim to compensate you for the actual losses you’ve suffered due to the injury. This includes medical expenses, lost wages, rehabilitation costs, and pain and suffering.
- Punitive damages. In some cases, if the defendant’s conduct was particularly reckless or malicious, punitive damages may be awarded to punish the wrongdoer and deter similar behavior in the future.
To learn more about the different types of damages available in personal injury cases, you can visit our comprehensive guide on Types of Personal Injury Damages.
We understand that no amount of money can truly make up for the hardship you’re facing. However, seeking compensation can alleviate the financial strain and help you focus on your recovery and well-being.
What if the accident was partly my fault?
In South Carolina, we follow a “modified comparative negligence” rule. This means you can still recover compensation even if you were partly responsible for the accident, as long as you were not more than 50% at fault.
Here’s how it works:
- Fault determination. A judge or jury will determine the percentage of fault assigned to each party involved in the accident.
- Compensation adjustment. If you are found partially at fault, your compensation will be reduced by your percentage of fault.
Example:
Let’s say you were awarded $100,000 in damages, but you were found to be 20% at fault for the accident. Your compensation would be reduced by 20%, leaving you with $80,000.
Important note: If you’re found to be 51% or more at fault, you cannot recover any compensation.
Understanding comparative negligence is crucial in spinal cord injury cases because insurance companies often try to shift blame onto the injured party to reduce their payout. That’s why it’s essential to have an experienced attorney on your side who can fight for your rights and ensure you receive the full compensation you deserve.
Common questions answered
We understand you probably have a lot on your mind right now. Let’s address some of the most common questions we get from clients like you, along with some insights to help you understand what to expect:
How long will my case take?
Each spinal cord injury case is unique, so the timeline can vary. Some settle within months, while others can take years. We can assess your specific situation and give you a realistic timeline during a free consultation with one of our attorneys.
What kind of compensation can I expect?
The amount of compensation you may be entitled to depends on several factors, including the severity of your injury, medical expenses, lost wages, and the impact on your quality of life. Our Columbia injury attorneys evaluate your case and work tirelessly to maximize your potential recovery.
What are your fees, and how are they structured?
We work on a contingency fee basis, meaning we only get paid if you win your case. We’ll discuss the fee structure upfront so you know exactly what to expect.
Will my case go to trial?
While most cases settle out of court, we’re fully prepared to take your case to trial if necessary to ensure you receive fair compensation.
Why you need an attorney after a spinal cord injury
Serious injuries like spinal cord injuries are life-altering. They bring not only physical pain and emotional distress but also a mountain of medical bills, lost wages, and other financial burdens. Navigating this complex landscape alone can be overwhelming and detrimental to your recovery.
The stakes are high
- Medical bills. The cost of treatment for spinal cord injuries can easily soar into the tens or even hundreds of thousands of dollars. Health insurance may only cover a fraction of these expenses, leaving you with a significant financial burden.
- Negotiating with multiple parties. You’ll likely be dealing with insurance companies, medical providers, and possibly your own health insurer, each with their own interests and agendas. Juggling these competing demands while you’re recovering from a serious injury is a recipe for stress and potential financial ruin.
- Proving liability. Establishing negligence and proving the full extent of your damages requires legal expertise and knowledge of personal injury law. Attempting to navigate this complex process on your own can jeopardize your chances of receiving fair compensation.
Don’t delay: The statute of limitations matters
South Carolina’s statute of limitations for personal injury cases is generally 3 years from the date of the accident. This means you have 3 years to file a lawsuit.
You may lose your right to seek compensation if you miss this deadline.
However, this rule has some exceptions, such as cases involving minors or claims against government entities, which may have different deadlines.
Our Columbia spinal cord trauma attorney is your advocate
At Chappell, Chappell and Newman, we can level the playing field, protect your interests, and make sure you’re not taken advantage of by insurance companies or other parties.
We’ll fight for a fair settlement that covers your medical expenses, lost wages, and pain and suffering.
If a fair settlement cannot be reached, we’ll take your case to trial to pursue the maximum compensation you deserve.
Don’t go at it alone.
When it comes to serious injuries like spinal cord injuries, the stakes are simply too high to try and handle things on your own. We can provide the expertise, resources, and support you need to focus on your recovery and rebuild your life.
Take the first step. Contact us today for a free consultation.