What Is a Spinal Cord Injury Case?

Spinal cord injury from a car accident? Vehicle crashes are the leading cause of SCIs. Our attorneys bridge expertise in both auto accident and catastrophic injury litigation to maximize your recovery.

— 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.

Spinal Cord Injuries in Car Accidents — Georgia & South Carolina

Car accidents are the leading cause of spinal cord injuries in the United States, accounting for approximately 39% of all new SCIs according to the National Spinal Cord Injury Statistical Center. The tremendous forces generated in vehicle collisions — even at moderate speeds — can fracture vertebrae, herniate discs, and damage or sever the spinal cord, resulting in life-altering paraplegia or tetraplegia.

At Roden Law, our attorneys combine deep experience in both automobile accident litigation and catastrophic spinal cord injury cases. We represent victims throughout Georgia and South Carolina, pursuing the maximum compensation needed to cover a lifetime of medical care, adaptive equipment, and lost earnings.

How Car Accidents Cause Spinal Cord Injuries

Different crash types produce different mechanisms of spinal cord injury:

  • Rear-end collisions: Cause hyperextension-hyperflexion (whiplash) injuries to the cervical spine. In severe rear-end crashes, cervical fracture-dislocation can cause tetraplegia
  • Head-on collisions: Generate extreme deceleration forces that compress the thoracic and lumbar spine, causing burst fractures and disc herniations
  • T-bone (side-impact) crashes: Lateral forces can cause spinal fracture-dislocations and rotational injuries to the cord
  • Rollovers: Multiple impact forces from all directions, combined with potential roof crush and ejection, create high risk of cervical SCI
  • Ejection: Unbelted occupants ejected from vehicles suffer spinal cord injuries at extremely high rates due to impact with the ground, other objects, or the vehicle itself

Establishing Liability in Car Accident SCI Cases

Proving who caused the accident is the foundation of a spinal cord injury claim. Common sources of liability include:

  • Negligent drivers: Distracted driving, speeding, impaired driving (DUI), running red lights, aggressive driving, and failure to yield
  • Commercial vehicle operators: Truck driver fatigue, trucking company safety violations, and overloaded vehicles — trucking companies are vicariously liable for their drivers’ negligence
  • Vehicle manufacturers: Defective auto parts including defective seatbelts, airbags, roof structures, and seats that fail to protect occupants during crashes
  • Government entities: Dangerous road design, inadequate signage, missing guardrails, or failure to maintain roadways

Georgia follows the rule of modified comparative fault (O.C.G.A. § 51-12-33), allowing recovery if the injured person’s fault was less than 50%. South Carolina’s threshold is 51%.

Concurrent Brain and Spinal Cord Injuries

Car accident victims who suffer spinal cord injuries frequently also sustain traumatic brain injuries (TBI). The same violent forces that damage the spinal cord can also cause the brain to strike the inside of the skull. Concurrent TBI and SCI significantly compound the victim’s challenges, complicating rehabilitation and dramatically increasing lifetime care costs. Our attorneys evaluate every car accident SCI case for potential brain injury and ensure both injuries are fully documented and compensated.

Insurance Issues in Car Accident SCI Cases

Spinal cord injury damages routinely exceed the at-fault driver’s insurance policy limits. Our attorneys pursue all available coverage:

  • At-fault driver’s liability insurance: The primary source, but often insufficient for catastrophic SCI
  • Underinsured motorist (UIM) coverage: Your own policy’s UIM coverage can supplement the at-fault driver’s insufficient coverage
  • Umbrella policies: Additional liability coverage above standard policy limits
  • Employer liability: When the at-fault driver was working at the time of the crash (respondeat superior)
  • Multiple defendants: Identifying all potentially liable parties — vehicle manufacturers, road designers, bar owners who overserved a drunk driver

Filing Deadlines

Georgia’s 2-year statute of limitations (O.C.G.A. § 9-3-33) and South Carolina’s 3-year limit (S.C. Code § 15-3-530) apply. Evidence preservation is critical in car accident SCI cases — vehicle data recorders, surveillance footage, and physical evidence degrade or are destroyed quickly.

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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
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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

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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.