The outcome of a spinal cord injury depends on two factors: which part of the body the injury occurred in and how severe it is. These variables determine physical function, long-term care needs, and the value of a legal claim. In South Carolina, these distinctions directly affect how cases are evaluated and ultimately resolved. Typically, insurance companies rely on these determinations to limit payouts to victims. To combat these tactics, experienced spinal injury lawyers use medical evidence and a strong grasp on state law to establish the full extent of damages and protect a client’s right to compensation.
To better understand how these cases are evaluated, it’s important to know how different injury levels and severity impact the body and your recovery.
How Spinal Injury Location Affects the Body
The spinal cord is divided into sections, each responsible for specific body functions. When an injury occurs, it typically affects not only the injured area but also the body below it.
Cervical Injuries (Neck)
These are the most severe spinal cord injuries. They can affect the arms, legs, and breathing. Many patients experience quadriplegia, meaning loss of movement in all four limbs. Higher-level injuries may require breathing support and continuous care, significantly increasing long-term medical needs.
Thoracic Injuries (Upper Back)
Thoracic injuries affect the lower body. Paraplegia is common, and patients struggle with balance and core stability. Although patients often require mobility assistance, arm and hand function are generally preserved.
Lumbar Injuries (Lower Back)
Lumbar injuries affect the lower back and legs. Some patients retain partial movement, but walking, standing, and daily activities are often limited. Chronic pain and nerve damage are also common.
Sacral Injuries (Pelvic Area)
Sacral injuries may not prevent walking, but they can disrupt bowel, bladder, and sexual function. These effects are often long-term and can significantly impact a victim’s quality of life.
Once the injury’s location has been determined, the next step is to assess its severity.
Severity Levels and Why They Matter to Spinal Injury Lawyers
Severity determines how much function remains after the injury and how much recovery is possible.
- Complete Injuries: A complete spinal cord injury results in total loss of movement and sensation below the trauma area. These injuries are permanent and typically require lifelong medical care and assistance.
- Incomplete Injuries: An incomplete spinal cord injury means some function remains below the trauma area. Outcomes vary, but many individuals still face long-term limitations and reduced independence.
Insurance companies often attempt to minimize incomplete injuries. This approach overlooks the real impact these injuries can have on a person’s ability to work and function independently. Skilled personal injury lawyers rely on imaging, neurological testing, and physician evaluations to document the true extent of impairment.
How Severity Impacts Cases for South Carolina Spinal Injury Lawyers
The severity of a spinal cord injury directly affects the types and value of damages that may be recovered. These claims must be supported by strong medical evidence. Imaging studies, hospital records, and long-term treatment plans are used to show the effects on daily life and future needs.
Additionally, South Carolina law plays a significant role in how these cases proceed.
Statute of Limitations
In South Carolina, most personal injury claims must be filed within a strict three-year deadline from the date of the incident. If a lawsuit is not filed within that period, the court will usually dismiss the case, regardless of the strength of the evidence. However, there are limited exceptions. In some cases, the timeline may be extended if the injury was not immediately discovered or if the injured person is a minor. Claims involving government entities may also have shorter notice requirements and additional procedural steps.
The main issue is timing. Evidence becomes harder to obtain as time passes. Witness memories fade, and critical documentation can be lost. Waiting too long doesn’t just risk missing the deadline; it weakens the case.
Comparative Negligence
South Carolina follows a modified comparative negligence rule. This means fault is divided between all parties involved in an accident, including the injured person. If you share fault, your payout is reduced by your percentage of fault. However, there is a strict cutoff. If your share of fault is 51% or higher, you’ll be denied any compensation.
This rule is often where cases are won or lost, but understanding this rule is only one part of the equation. An experienced injury lawyer focuses on building clear liability from the start. This includes analyzing accident reports, gathering witness statements, reviewing available video or data evidence, and working with experts when needed. Securing strong evidence early limits insurers’ ability to argue comparative fault.
Lowcountry Law, LLC, Is Here To Fight for You
If you or a loved one suffered a spinal cord injury, do not delay. Schedule a free consultation with Attorney Matthew Breen of Lowcountry Law, LLC, today. He can evaluate your case, explain your options, and fight for full and fair compensation.
