What Is a Incomplete Spinal Cord Injury Case?

Suffered an incomplete spinal cord injury? Even partial cord damage can cause life-changing impairment. Our attorneys pursue maximum compensation while your medical picture continues to evolve.

— Reviewed by Eric Roden, Founding Partner, CEO at Roden Law

Incomplete Spinal Cord Injury Lawyers in Georgia & South Carolina

An incomplete spinal cord injury occurs when the spinal cord is partially damaged, preserving some motor function, sensory function, or both below the level of injury. Unlike a complete spinal cord injury where all function is lost, incomplete injuries exist on a spectrum — some victims retain substantial movement and sensation, while others have only minimal preserved function. The National Spinal Cord Injury Statistical Center reports that incomplete injuries now account for more than 67% of all spinal cord injuries, partly due to improved emergency medical care that limits secondary cord damage.

At Roden Law, our incomplete spinal cord injury lawyers represent victims throughout Georgia and South Carolina. We understand the unique challenges of incomplete SCI cases — including the evolving medical picture, the potential for partial recovery, and the need to secure compensation that accounts for both best-case and worst-case outcomes.

Types of Incomplete Spinal Cord Injuries

Incomplete SCIs are classified into several clinical syndromes based on which area of the spinal cord is damaged:

  • Central cord syndrome: The most common incomplete SCI — affects the center of the spinal cord, typically causing greater weakness in the arms than the legs. Often results from hyperextension injuries in older adults with cervical spondylosis
  • Brown-Sequard syndrome: Damage to one side of the spinal cord, causing motor loss on the injured side and sensory loss on the opposite side
  • Anterior cord syndrome: Damage to the front of the spinal cord, affecting motor function and pain/temperature sensation while preserving proprioception (position sense) and light touch
  • Posterior cord syndrome: Rare — affects the back of the cord, impairing proprioception while preserving motor function and pain sensation
  • Conus medullaris syndrome: Damage to the tip of the spinal cord at the thoracolumbar junction, affecting bladder, bowel, and lower extremity function

The Challenge of Evolving Prognosis

One of the most complex aspects of incomplete SCI cases is the evolving prognosis. Unlike complete injuries where the outcome is generally known early, incomplete injuries may improve significantly over months or years of rehabilitation — or may plateau with permanent deficits. This uncertainty creates challenges in valuing the case:

  • Insurance companies exploit uncertainty: Insurers may push for early settlements before the full extent of permanent impairment is known
  • Maximum medical improvement (MMI): Neurological recovery from incomplete SCI can continue for 12 to 24 months or longer — settling before MMI risks undervaluing the claim
  • Future medical needs: Even with partial recovery, victims may need ongoing physical therapy, pain management, adaptive equipment, and periodic medical monitoring

Our attorneys protect clients by refusing premature settlements and working with neurologists and rehabilitation specialists to project long-term outcomes before negotiating.

Common Causes and Negligence

Incomplete spinal cord injuries result from many of the same trauma mechanisms as complete injuries — car crashes, falls, motorcycle accidents, and workplace incidents. However, incomplete injuries can also result from medical negligence, such as surgical errors during spinal procedures, failure to diagnose and treat spinal instability after trauma, or delayed treatment of spinal cord compression from herniated discs or spinal fractures.

Compensation for Incomplete Spinal Cord Injuries

Georgia law (O.C.G.A. § 51-12-4) and South Carolina law allow recovery of all actual damages, including past and future medical expenses, rehabilitation and therapy costs, lost wages and diminished earning capacity, pain and suffering, loss of enjoyment of life, and emotional distress. Under Georgia’s comparative fault rule (O.C.G.A. § 51-12-33), you can recover if less than 50% at fault. South Carolina allows recovery if less than 51% at fault.

Filing Deadlines

Georgia’s statute of limitations is 2 years (O.C.G.A. § 9-3-33) and South Carolina allows 3 years (S.C. Code § 15-3-530). Do not wait until you reach maximum medical improvement to contact a lawyer — filing deadlines run from the date of injury, not the date you finish treatment.

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What to Do After An incomplete spinal cord injury

  1. Ensure safety and call 911. Move to a safe location if possible. Call emergency services to report the accident and request medical attention for anyone injured.
  2. Seek immediate medical attention. Even if injuries seem minor, get examined by a doctor. Some injuries — such as traumatic brain injuries or internal bleeding — may not show symptoms immediately.
  3. Document the scene. Take photos of all vehicles, injuries, road conditions, traffic signs, and any visible damage. Collect names and contact information from witnesses.
  4. Exchange information with all parties. Get the other driver's name, insurance information, license plate number, and driver's license number. Do not admit fault or apologize.
  5. Report the accident to police. your state law requires accident reports when there are injuries or significant property damage. Request a copy of the police report.
  6. Notify your insurance company. Report the accident to your insurer promptly. Provide factual information only — do not speculate about fault or the extent of your injuries.
  7. Contact an experienced personal injury attorney. An attorney can protect your rights, handle communications with insurance companies, and help you pursue the full compensation you deserve. Roden Law offers free consultations — call today.

Proving Your Incomplete Spinal Cord Injury Case

To win a personal injury case involving an incomplete spinal cord injury, your attorney must establish the four elements of negligence by a preponderance of the evidence.

01

Duty of Care

The other party owed you a legal duty to act in a manner that ensured your safety.

02

Breach of Duty

The other party breached that duty by failing to act as a reasonably prudent person would have.

03

Causation

The breach directly caused your injuries. We gather evidence proving that but for their negligence, you would not have been harmed.

04

Damages

You suffered actual, quantifiable damages — medical expenses, lost income, pain and suffering — as a direct result.

Compensation Available in Incomplete Spinal Cord Injury Cases

Victims of an incomplete spinal cord injury injuries in Georgia and South Carolina can pursue economic damages (quantifiable financial losses) and non-economic damages (quality-of-life impacts). There is no cap on compensatory damages in either state.

Economic Damages

  • Past and future medical expenses
  • Lost wages or income
  • Loss of earning capacity
  • Property damage and repair/replacement
  • Cost of rehabilitation and physical therapy
  • Assistive medical equipment
  • Cost of long-term or lifelong care

Non-Economic Damages

  • Pain and suffering
  • Mental and emotional distress
  • Loss of companionship (spouse/family)
  • Disability and disfigurement
  • Loss of enjoyment of life
  • Humiliation or loss of reputation

Non-economic damages can only be pursued through a personal injury lawsuit, not a standard insurance claim.

Statute of Limitations for Incomplete Spinal Cord Injury Cases

The statute of limitations is the legal deadline for filing a personal injury lawsuit. In Georgia, you have 2 years from the date of injury (O.C.G.A. § 9-3-33). In South Carolina, you have 3 years (S.C. Code § 15-3-530). Missing this deadline permanently bars your claim.

🍑 Georgia Filing Deadline 2 Years O.C.G.A. § 9-3-33
🌙 South Carolina Filing Deadline 3 Years S.C. Code § 15-3-530

If you fail to file within the statute of limitations, your claim will be dismissed and you will permanently lose the right to pursue compensation.

What If I'm Partially At Fault?

🍑 Georgia — Modified Comparative Fault

You can recover if less than 50% at fault (O.C.G.A. § 51-12-33). Your award is reduced by your fault percentage.

🌙 South Carolina — Modified Comparative Fault

You can recover if less than 51% at fault. Your award is reduced by your fault percentage.

For example, if you filed a $100,000 lawsuit and a court finds you are 30% at fault, your award would be reduced to $70,000. Our attorneys work to minimize any fault assigned to you.

Free Case Review — No Fees Unless We Win Available 24/7 · Georgia & South Carolina
844-RESULTS

Roden Law Incomplete Spinal Cord Injury Lawyers Results at a Glance

$250M+ Recovered for injured clients across Georgia and South Carolina
4.9 / 5.0 Average client rating based on 500+ verified reviews
5,000+ Cases successfully handled since 2013
62 years Combined attorney experience across 5 office locations

Source: Roden Law firm records and verified Google Business Profile reviews, updated May 2026.

Recent Case Results

Settlement $27,000,000 $27,000,000 Settlement | Truck Accident
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Recovery $9,800,000 $9,800,000 Recovery | Premises Liability

Results shown are gross settlement/verdict amounts before fees and costs. Past results do not guarantee similar outcomes.

About the Author

Eric Roden, Founding Partner, CEO at Roden Law

Eric Roden

Founding Partner, CEO State Bar of Georgia Georgia Court of Appeals Supreme Court of Georgia

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