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If you suffered a spinal cord injury in South Carolina because of someone else’s reckless or careless actions, contacting Hughey Law Firm today for a free consultation could be your first step toward the recovery you need. Call (843) 881-8644 or contact us online.
Key Takeaways
- Spinal cord injuries are either complete, resulting in total loss of function below the injury site, or incomplete, resulting in some remaining function. Currently, there is no cure.
- The cost is enormous. The average first-year cost for a high cervical injury is over $1.3 million, and the average lifetime cost for a 25-year-old is about $6 million, not including lost wages.
- Most spinal cord injuries are caused by vehicle crashes and falls, and liable parties can include drivers, property owners, manufacturers, healthcare providers, and other third parties.
- In South Carolina, you generally have three years to file a claim. You can still recover if you are 50% or less at fault. Malpractice claims require additional pre-suit steps.
- The Hughey Law Firm takes spinal cord injury cases on a contingency fee basis and works with experts to determine the lifelong cost of care.
South Carolina Spinal Cord Injury Guide
Did You Suffer a Spinal Cord Injury in South Carolina? We Can Help.
- The at-fault party owed you a duty of care. This duty of care depends on the type of accident you experienced and the at-fault party’s role within it. For example, if you were injured in a motor vehicle crash that involved a distracted driver, the duty of care that the driver owed to you would be to operate his or her vehicle safely and legally.
- There was a breach in the duty of care. The breach refers to the action (or inaction) that the at-fault party took that was contrary to the duty of care that was owed. Using the distracted driver scenario, the distraction would be the breach in care, as driving while distracted is not safe and can oftentimes be illegal.
- This breach caused the accident, which resulted in you suffering a spinal cord injury and facing the resultant expenses and financial impacts.
The statute of limitations on spinal cord injury lawsuits is three years. This means that you have three years after the date of the injury to file your claim in court. Failing to file your lawsuit within this timeframe can result in the court dismissing your case.
South Carolina follows a modified comparative negligence rule, set in Nelson v. Concrete Supply Co. If you are found more than 50% at fault, you cannot recover. If you are 50% or less at fault, your award is reduced by your percentage. Effective January 1, 2026, Act 42 (H. 3430) also reformed the state’s joint and several liability rules, which can matter when more than one party shares fault.
You can recover both economic and non-economic damages through a spinal cord injury claim. Economic damages refer to out-of-pocket expenses that you incurred as a result of your injury. At Hughey Law Firm, some common economic damages claimed by our spinal cord injury clients include:
including emergency treatment at the scene or in the emergency department; medical transport to the hospital; diagnostic testing; physician and surgical services; prescription medication; hospitalization; physical therapy, occupational therapy, and rehabilitation. You may also obtain compensation for future medical expenses. The provision of assistive devices such as a wheelchair and modifications you are required to make to your home to accommodate your injury can also be included.
to perform household or personal care services that you can no longer complete on your own, such as help with transportation, child care, cooking, cleaning, and pet care
as a result of missing work while you are hospitalized for the injury
if the injury results in a disability that prevents you from returning to work
- Physical pain and suffering
- Emotional distress
- Loss of the enjoyment of life, if the injury prevents you from partaking in activities that you formerly enjoyed
- Loss of consortium, which is damage claimed on behalf of the injured person’s spouse for the loss of physical intimacy and companionship commonly suffered after a spinal cord injury
In rare cases involving especially egregious conduct, courts may also award punitive damages. South Carolina limits them by statute to the greater of three times compensatory damages or $500,000, with some exceptions. Compensation will not change the physical outcome of your injury, but it can make it possible to go forward with your life.
What Does a Spinal Cord Injury Involve?
A spinal cord injury damages the bundle of nerves that carries signals between the brain and body, and it can cause paralysis below the injury site. Injuries are classified as complete or incomplete, and the injury level determines which functions are affected.
The spinal cord is a bundle of nerves that extend from the base of the skull to the waist and is protected by the bony vertebrae of the spine. The spinal cord, along with the brain, makes up the body’s central nervous system. In this capacity, the spinal cord acts as a messenger, relaying signals from the brain to all other parts of the body.
A spinal cord injury damages its structure or function and can result in paralysis beneath the injured portion of the cord. Contrary to popular belief, spinal cord injuries rarely involve a severed cord, but rather a damaged cord.
- Complete spinal cord injuries result in a total loss of function and sensation below the injury site.
- Incomplete spinal cord injuries occur when an individual retains some of the cord’s ability to get messages through to parts of the body below the injury site. According to the National Spinal Cord Injury Statistical Center, incomplete tetraplegia is the most common category, at about 47% of injuries since 2015.
The spinal cord is made up of several segments, each of which controls functions in certain parts of the body. The segments and the level of paralysis often experienced as a result of damage to that area include:
- The cervical area of the spine, which is located in the neck. The cervical spine has seven vertebrae, and the cord has eight cervical segments, known as C1-C8. This part of the cord controls the brain’s signals to the neck, arms, hands, and internal organs. An injury to the cervical spinal cord often results in quadriplegia, also known as tetraplegia, which is paralysis of all four limbs, the pelvis, torso, and diaphragm.
- The thoracic area, located in the upper back and chest. There are 12 vertebrae in this part of the spine, known as T1-T12, and this section of the spinal cord controls function in the torso and some parts of the arms. An injury to the thoracic area of the spinal cord can result in limited trunk movement and control of the torso, as well as loss of function of the hips, pelvis, legs, and feet.
- The lumbar and sacral sections of the spine, located in the lower back. This part of the spinal cord controls messages that relate to the function and sensation of the legs, bowel, bladder, and sexual organs. Each of these portions of the spine feature five vertebrae, known as L1-L5 and S1-S5.
Signs and Symptoms of a Spinal Cord Injury
After a spinal cord injury, a person may experience varying degrees of symptoms associated with the injury’s severity and location. At first, the patient may experience spinal shock, which causes loss or decrease in sensation, reflexes, and muscle movement. As the initial swelling subsides, other symptoms may appear. Generally, the higher up the injury is on the spinal cord, the more severe the symptoms. Some signs and symptoms are not immediately obvious, which may lead to a delay in treatment, and delayed treatment can worsen the injury.
Common symptoms include:
- Problems with walking or balance
- Loss of movement anywhere in the body, including the legs and/or arms
- Numbness or tingling in the extremities
- A change in the ability to feel heat and cold in the extremities
- Weakness or inability to move the legs or arms
- A stiff neck or a neck or back in an unnatural position
- Difficulty breathing
- Problems with bladder or bowel control
- Headaches, shock, or unconsciousness
Common Causes of Spinal Cord Injuries
Traffic-related crashes remain the most common cause of spinal cord injuries, and falls are close behind. According to a study of the national database from the Model Systems Knowledge Translation Center, vehicle crashes caused 36.0% of new injuries in 2020 to 2024, while falls nearly doubled, from 16.5% to 32.5%. Other causes include:
- Falls, including both falls from an elevation and single-level falls. One out of five falls causes a serious injury, and falls are especially dangerous for individuals over the age of 65. They can happen at home, in public, or at your workplace.
- Violence, which is the third-most prevalent cause of spinal cord injuries. The most common violent act that leads to this type of injury is a gunshot wound, followed by stabbings and other assaults.
- Sports and recreation-related activities, including contact sports such as football or soccer, as well as diving or swimming accidents. Cervical (neck) injury is the most common type of injury in hockey, skiing, diving, and American football. Gymnastics, track and field, and cheerleading are also high-risk activities.
- Alcohol, which is a factor in a significant share of spinal cord injuries because it affects judgment, balance, and reaction time.
- Medical conditions or surgical errors, including diseases such as inflammation of the spinal cord, polio, and spina bifida.
Each year in the U.S., approximately 18,000 people suffer a new traumatic spinal cord injury. About 79% of these involve male patients, and the average age at injury is now about 43, up from the late 20s in the 1970s. One year after the injury, only about 13 percent of adults are employed, and only about a third are employed 20 years after the injury.
Complications of the Injury
Pneumonia is the leading cause of death for spinal cord injury sufferers who survive the initial onset of the injury. When the injury occurs high enough on the spine to impact the function of the abdominal and chest muscles, the injured person will often have difficulty coughing and breathing.
Despite the loss of sensation below the injury site, bodily functions continue. One of those continued functions is the storage of urine in the bladder from the kidneys. Those suffering from spinal cord injuries often incur a loss of bladder control that can lead to medical problems such as urinary tract infections and bladder or kidney stones.
Many spinal cord injury sufferers can’t control their bowels because they cannot feel when it is time to eliminate. This can lead to difficulties with constipation and even bowel obstructions.
The inability to feel the skin’s surface results in secondary complications as an individual may not be aware if he or she comes in contact with a surface that is too hot or too cold and can’t feel the discomfort of pressure sores that result in the body remaining in one position for too long. See our bedsores practice.
Spinal cord injuries wreak havoc with the body’s circulatory system, resulting in either high or low blood pressure. Circulatory problems can result in life-threatening complications, including blood clots, deep vein thrombosis, and pulmonary embolism.
Those who have suffered a spinal cord injury will often have muscle tone issues, such as spasticity, which occurs when the muscles are rigid and the individual can’t relax them, and flaccidity, which involves soft or limp muscles resulting from a lack of use after the injury.
Those with limited mobility often fall into a sedentary lifestyle that can not only result in further loss of muscle tone but can produce complications associated with obesity.
Both males and females who have incurred a spinal cord injury will often experience sexual issues. For men, this could mean an inability to get or maintain an erection and changes in ejaculation. For women, this can mean changes in lubrication. Both genders are at higher risk of experiencing fertility issues following a spinal cord injury.
Many survivors develop long-term back or nerve pain, and some develop a fluid-filled cyst in the cord (syringomyelia) that can worsen symptoms years later.
You can call (843) 881-8644 or complete our contact form to schedule a free consultation and connect with our team.
What Does a Spinal Cord Injury Cost?
According to the National Spinal Cord Injury Statistical Center, in 2023 dollars:
- High tetraplegia (C1 to C4): about $1.37 million in the first year and about $238,000 per year after. The estimated lifetime cost is about $6.1 million for a 25-year-old and about $3.3 million for a 50-year-old.
- Low tetraplegia (C5 to C8): about $990,000 in the first year and about $146,000 per year after. The estimated lifetime cost is about $4.4 million for a 25-year-old and about $2.7 million for a 50-year-old.
Because the lifetime cost is so high, a claim built on today’s bills alone can leave a family short for decades.
Can Spinal Cord Injuries Be Cured?
Currently, there is no cure for spinal cord injuries. Instead, care is mostly supportive. This includes providing medical treatment for complications, and physical and occupational therapy to assist the individual in maintaining muscle tone and learning new ways to accomplish daily tasks.
However, scientists and medical professionals are working on therapies that may eventually provide a cure for the injury itself, or the ability to recover from some of the many impacts of the injury. Many of these experimental treatments involve the use of stem cells. They may prove expensive, especially at first, and you may want to account for that in any settlement offer you entertain.
Spinal cord injuries require immediate treatment to help prevent additional harm. The victim is placed on a backboard with a neck brace to stabilize the spine, and emergency room doctors perform tests to assess stability and may operate. After surgery, patients typically stay in the ICU, then move to a rehabilitation facility, then transition home with outpatient, at-home, or independent therapy. Most people require therapy for the rest of their lives to maintain function and possibly continue to improve. Therapists work to help a patient improve:
- Mobility, such as walking or using a wheelchair
- Respiratory support, such as breathing techniques or ventilator use
- Self-care, such as dressing or hygiene
- Communication skills, including speaking and writing
- Emotional health, since the emotional effects may be as difficult as the physical ones
- Family support and education, so everyone can adapt
The South Carolina Department of Disabilities and Special Needs has a Head and Spinal Cord Injury (HASCI) Division that connects people with case management, operates a Medicaid waiver, and provides some state-funded support. These programs can help, but they rarely cover everything, which is why many families also pursue a legal claim.
Who May Be Liable for a Spinal Cord Injury?
- A motorist. A negligent or reckless driver is liable for a crash victim’s injuries. See our car accident and truck accident practices.
- Construction companies or roadway designers. If a roadway defect caused your accident, these parties might be liable for your injuries.
- A property owner. If you fell on another person’s property, you might wish to file a claim with their property insurance company. See our premises liability practice.
- A healthcare provider. If your healthcare provider does not diagnose and treat your spinal injury correctly, it may negatively affect your condition. In this case, you may have a medical malpractice case, which requires a Notice of Intent to File Suit and an expert affidavit before filing. See our hospital negligence practice.
- A manufacturer, distributor, or installer of a faulty or dangerous product. If a defective product caused your spinal cord injury, then a product liability claim is an option you should consider.
- A contractor, architect, engineer, owner of the worksite, or employee from another company, or another third party whose negligence caused a workplace accident.
Naming every responsible party matters because each may carry separate insurance, and the highest-value claims often involve more than one.
What to Do After a Spinal Cord Injury
Get emergency care and follow every treatment plan.
Save medical records, bills, photos, receipts, and a journal documenting your recovery.
Collect information about what caused your injury, who may be at fault, the severity of your injury, and the resulting damages, including photos, police reports, and witness names.
Keep the vehicle, equipment, or clothing involved, and ask your attorney to send preservation demands for records and video.
Do not give a recorded statement or accept a quick offer before speaking with an attorney.
Strong evidence makes for a strong case, and the law has strict time limits.
How Hughey Law Firm Handles Spinal Cord Injury Cases
Founded in 2007 by Nathan Hughey, a former defense attorney, Hughey Law Firm has recovered more than $300 million for injured clients, including $5.425 million for a client who suffered catastrophic injuries. In a spinal cord injury case, we gather evidence about the cause, and we can work with physicians, life care planners, and economists to document future medical needs, home modifications, and lost earning capacity. We also address insurance reimbursement claims, such as health insurance and Medicaid liens, so more of the recovery goes to you. We offer a free case evaluation, and we represent clients on a contingency fee basis. See our catastrophic injury practice for more.
Past results do not guarantee future outcomes. Each case is unique and depends on its own facts and circumstances.
Let Our South Carolina Spinal Cord Injury Attorneys Help You
For a free case evaluation, contact us online or by calling (843) 881-8644. Learn more about our South Carolina personal injury lawyers. We serve clients in Charleston, Mt. Pleasant, Columbia, Myrtle Beach, and across South Carolina.
Past results do not guarantee future outcomes. The information on this page is for general informational purposes only and does not constitute legal advice.
Related Practice Areas
Frequently Asked Questions About South Carolina Spinal Cord Injury Lawyer
What is the difference between a spinal injury and a spinal cord injury?
The spine is the column of vertebral bones, and the spinal cord is the bundle of nerves inside it. A spinal cord injury often causes paralysis, such as tetraplegia (all four limbs) or paraplegia (the lower body).
How long do I have to file a spinal cord injury lawsuit?
Generally three years from the date of injury. Medical malpractice claims add pre-suit steps, and claims against government entities follow different rules. Contact an attorney as soon as possible.
Can I recover if I was partly at fault?
Yes, if you are 50% or less at fault. Your award is reduced by your percentage. If you are more than 50% at fault, you cannot recover.
What compensation might be available?
Medical expenses (past and future), lost income and earning capacity, in-home assistance and home renovations, pain and suffering, emotional distress, loss of consortium, and, in rare cases, punitive damages.
What if my injury happened at work?
You may be limited to workers’ compensation against your employer, but you may also have a separate claim against a negligent third party, such as a contractor or equipment manufacturer.
How much is a spinal cord injury case worth?
It depends on the injury level, your age, lifetime care needs, lost earning capacity, fault, and available insurance. Expert-supported projections drive the value.
What evidence do I need?
Medical records, photos, journal entries, bills, and proof of what caused the injury and who was at fault. An attorney can obtain more.
Do I need a South Carolina spinal cord injury lawyer?
Yes, in nearly every case. These claims involve large future costs, multiple insurers, and expert testimony that are difficult to handle alone.
How much does it cost to hire Hughey Law Firm?
Nothing upfront. We work on a contingency fee basis and receive a fee only if we recover compensation for you.