How South Carolina Law Handles Spinal Cord Injury Cases

It is estimated that about 18,000 spinal cord injuries happen each year in the United States. A spinal cord injury occurs anytime there is damage to any portion of the bundle of nerves that run from the base of the brain down to the tailbone. For many, this injury prevents them from ever leading a normal life.

If you have experienced a spinal cord injury in The Palmetto State, you may be eligible to recover compensation for your physical, emotional, and financial losses. Whether you have suffered a personal injury or a workplace injury, the Charleston spinal cord injury attorneys at Mark C. Tanenbaum would like to speak with you.

What is a Spinal Cord Injury?

A spinal cord injury typically results in permanent damage to the spine, impairing various bodily functions. This impairment may include an individual’s ability to regulate their temperature, control their bladder or bowels, and feel sensation. The parts of your body that will be impacted will depend on the site of the injury. Injury to the thoracic (chest) or lumbar spine (lower back) may result in paraplegia (inability to move your legs). Injury to the cervical spine may result in quadriplegia (inability to move your arms or legs).

Compensation in Personal Injury Cases

If you believe that carelessness or intentional misconduct caused your spinal cord injury, you may be eligible to recover present and future damages. For a successful claim, you must establish that the other party owed you a duty to use reasonable care and violated that duty, thereby causing you harm in the form of compensable losses.

For example, in a motor vehicle accident, motorists have a duty to follow traffic regulations. A motorist who fails to stop at a red light breaches that duty. If you suffer harm due to that person’s negligence, you may be able to recover damages. Given the severity of a spinal cord injury, you may be eligible to recoup lost wages, loss of future earnings, and present and future medical expenses. However, under South Carolina personal injury law, you only have three years to take legal action.

Compensation in Workers’ Compensation Cases

Under South Carolina’s workers’ compensation, you can recover lost wages, medical expenses, and permanent disability benefits if you are injured in the scope of your employment. Under temporary total disability (TTD), if you are unable to work at all for a certain amount of time, you can recover 66 2/3% of your average weekly wages as well as any reasonable and necessary medical expenses. This compensation will last until you return to work or reach maximum medical improvement (MMI).

Alternatively, if you are unable to return to work following your injury, then you may qualify for permanent total disability (PTD). Under PTD, you may recover benefits for up to 500 weeks. These benefits include 66 2/3% of your average weekly wage and medical expenses. Under SC Code §42-9-10 (c), if you suffer brain damage, paraplegia, or quadriplegia, benefits will last for life.

Advocacy for Catastrophic Injuries

Quantifying damages for a catastrophic injury can be challenging, as insurance companies often underestimate the cost of a person’s future medical bills and living expenses. A person who suffers injury to their spine may need doorways widened to make their home wheelchair accessible. If an individual lives in a two-story house, they may require that a stairlift be installed so that they can access their upstairs living quarters. These home modifications may need to be altered as a person ages and their condition progresses.

Speak with Our Charleston Spinal Cord Injury Lawyers Today

At Mark C. Tanenbaum, we dedicate our professional work to recovering maximum compensation for survivors of spinal cord injuries. If you or a loved one has fallen victim to spinal cord damage, our legal team is here to assist you in filing your claim. To schedule your free consultation with one of our Charleston spinal cord injury attorneys, we can be reached online or by phone at (843) 577-5100.