What Is a Spinal Cord Injury Case?

Cauda equina syndrome from an accident or delayed diagnosis? This surgical emergency requires immediate treatment to prevent permanent paralysis. Our attorneys hold negligent parties accountable.

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

Key Takeaways

If you were injured in a spinal cord injury in Georgia or South Carolina, the deadline to file a lawsuit is 2 years from the date of injury in Georgia (O.C.G.A. § 9-3-33) and 3 years in South Carolina (S.C. Code § 15-3-530). Both states follow a modified comparative negligence rule: Georgia lets you recover if you are less than 50% at fault (O.C.G.A. § 51-12-33), and South Carolina if you are less than 51% at fault (Nelson v. Concrete Supply Co., 303 S.C. 243, 399 S.E.2d 783 (1991)), with your award reduced by your percentage of fault either way. Roden Law represents injury victims in Georgia and South Carolina on a contingency fee: the consultation is free and there is no fee unless we win.

Cauda Equina Syndrome Lawyers in Georgia & South Carolina

Cauda equina syndrome (CES) is a rare but devastating condition that occurs when the bundle of nerve roots at the base of the spinal cord — called the cauda equina (Latin for “horse’s tail”) — is compressed, causing loss of bladder and bowel control, lower extremity weakness, saddle anesthesia (numbness in the groin, buttocks, and inner thighs), and potential permanent paralysis. CES is a surgical emergency — studies published in the National Library of Medicine show that decompression surgery within 48 hours of symptom onset significantly improves outcomes, while delays lead to permanent neurological damage.

At Roden Law, our cauda equina syndrome lawyers handle cases arising from both traumatic accidents and medical negligence — including failure to diagnose and treat CES as the surgical emergency it is. We represent victims throughout Georgia and South Carolina.

Causes of Cauda Equina Syndrome

CES can result from traumatic injury or medical conditions, and may also arise from medical negligence:

  • Traumatic causes: Spinal fractures, severe disc herniations from car accidents, falls, or industrial injuries that compress the cauda equina nerve bundle
  • Surgical complications: Misplaced hardware during spinal surgery, post-operative hematoma compressing the nerves, or incomplete decompression
  • Delayed diagnosis: Emergency room physicians or primary care doctors who fail to recognize the “red flag” symptoms of CES (bilateral leg weakness, bowel/bladder dysfunction, saddle numbness) and delay referral for emergency MRI and surgery
  • Spinal epidural abscess or hematoma: Infections or bleeding that compress the cauda equina, requiring emergency drainage

Red Flag Symptoms: A Medical Emergency

CES presents with characteristic warning signs that should trigger immediate emergency evaluation:

  • Bilateral sciatica: Severe pain radiating down both legs (unlike typical disc herniation, which usually affects one side)
  • Saddle anesthesia: Numbness or reduced sensation in the areas that would contact a saddle — inner thighs, buttocks, perineum, and genitals
  • Bladder dysfunction: Urinary retention (inability to urinate), incontinence, or loss of awareness of bladder fullness
  • Bowel dysfunction: Fecal incontinence or inability to control bowel movements
  • Lower extremity weakness: Progressive weakness in legs and feet, difficulty walking
  • Sexual dysfunction: Loss of sensation and function

When these symptoms are present, an MRI must be performed urgently. Failure to order an emergent MRI when CES is suspected constitutes medical negligence in most circumstances.

The 48-Hour Window

Medical literature strongly supports that surgical decompression within 48 hours of the onset of CES symptoms provides the best chance of neurological recovery. Delays beyond 48 hours are associated with significantly worse outcomes, including permanent bladder, bowel, and sexual dysfunction, permanent lower extremity weakness or paralysis, chronic neuropathic pain, and lifelong dependence on catheters and bowel programs.

Our attorneys retain neurosurgical experts to analyze the timeline from symptom onset to diagnosis and surgery, establishing whether the standard of care was met.

Legal Claims for Cauda Equina Syndrome

CES cases may involve two types of claims: personal injury (when trauma from an accident causes the condition) and medical malpractice (when healthcare providers fail to diagnose and treat CES promptly). Georgia medical malpractice claims require an affidavit from a qualified expert under O.C.G.A. § 9-11-9.1. South Carolina medical malpractice claims require a Notice of Intent to File Suit and an expert affidavit under S.C. Code § 15-79-125.

Georgia’s comparative fault rule (O.C.G.A. § 51-12-33) allows recovery if less than 50% at fault. South Carolina’s threshold is 51%.

Filing Deadlines

For personal injury claims: Georgia allows 2 years (O.C.G.A. § 9-3-33) and South Carolina allows 3 years (S.C. Code § 15-3-530). Medical malpractice claims may have shorter deadlines and additional procedural requirements. Contact an attorney immediately to preserve your rights.

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What to Do After a Spinal Cord Injury

  1. Follow the acute care and rehabilitation plan. Early rehabilitation drives long-term function. It is also the record that establishes what was lost and what was recovered.
  2. Document function, not just diagnosis. What you could do before and what you can do now — dressing, transfers, driving, working, caring for children. That comparison, not the imaging, is what a jury understands.
  3. Start a running record of costs from day one. Wheelchairs and replacements, home and vehicle modification, catheters and supplies, transport, and paid or unpaid attendant care. These are the numbers that dominate the claim.
  4. Preserve the evidence of how it happened. The vehicle, the equipment, the scene. Do not authorize repair or disposal until it has been examined.
  5. Ask whether a third-party claim exists. If the injury happened at work, workers' compensation will not pay for pain and suffering or full lifetime care. A claim against someone other than your employer can.
  6. Do not accept an early offer. These cases are valued on decades of future care, and that valuation needs a life-care plan and an economist — not an adjuster's estimate in month three. Roden Law offers free consultations.

The Rules That Apply

  • 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).
  • 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.

How negligence, compensation, deadlines and fault work: Spinal Cord Injury Lawyers →

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

Recent Case Results

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

Frequently Asked Questions

Contact Our Cauda Equina Syndrome Lawyers Today

If you were injured and believe another party is at fault, contact us for a free, no-obligation review. We dedicate our skills and resources to recovering the maximum compensation you deserve — at no upfront cost.