South Carolina Spinal Cord Injury Attorneys

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. Nontraumatic spinal cord injuries are typically caused by other conditions, such as cancer, infections, or arthritis. 

Spinal cord injuries are frequently the result of:

• Bicycle accidents
• Car accidents
• Medical malpractice
• Motorcycle accidents
• Nursing home abuse
• Pedestrian accidents
• Slips and falls
• Tractor-trailer accidents
• Truck accidents
• Workplace accidents

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. 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

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 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.

If you suffered a spinal injury at work or in an accident, you deserve just compensation and quality legal representation. Call (803) 408-7352 or contact us online to learn more about our firm can help.