What Is a Spinal Fracture Case?

Suffered a spinal fracture in an accident? Vertebral fractures range from stable compression fractures to unstable burst fractures that threaten the spinal cord. Our lawyers pursue maximum compensation for these serious injuries.

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

Spinal Fracture Lawyers in Georgia & South Carolina

A spinal fracture — a break in one or more of the 33 vertebrae that make up the spinal column — is a serious injury that can range from a stable compression fracture requiring bracing to an unstable burst fracture or fracture-dislocation that threatens the spinal cord with permanent paralysis. The American Association of Neurological Surgeons reports that approximately 17,000 spinal fractures occur annually in the United States from trauma, with motor vehicle crashes and falls being the leading causes.

At Roden Law, our spinal fracture lawyers represent accident victims throughout Georgia and South Carolina. We understand the critical distinction between stable and unstable fractures, the risk of neurological injury, and the long-term consequences that demand full compensation.

Types of Spinal Fractures

Spinal fractures are classified by their mechanism of injury, location, and stability:

  • Compression fracture: The vertebral body collapses under axial loading, losing height. Generally stable, but can cause chronic pain and spinal deformity (kyphosis)
  • Burst fracture: The vertebral body shatters in multiple directions, often sending bone fragments into the spinal canal where they can damage the spinal cord — a surgical emergency
  • Flexion-distraction (Chance) fracture: The vertebra is pulled apart by a flexion-distraction force, commonly seen in lap-belt injuries during car crashes. May be associated with abdominal organ injuries
  • Fracture-dislocation: The most unstable type — the vertebra is both fractured and displaced from its normal alignment, almost always causing spinal cord injury
  • Transverse process fracture: A fracture of the bony wing projecting from the vertebra. Generally stable but indicates significant force was applied

Spinal Fractures and Cord Injury Risk

The critical concern with spinal fractures is whether the spinal cord or nerve roots are compromised. Unstable fractures — particularly burst fractures and fracture-dislocations — carry a high risk of complete or incomplete spinal cord injury, resulting in paraplegia or tetraplegia. Even stable fractures can become unstable if not properly diagnosed and treated — making emergency room and trauma care decisions critical.

Common Causes of Spinal Fractures

  • Car accidents: The leading cause of spinal fractures — high-speed collisions, rollovers, and ejections apply extreme force to the spinal column. Lap-belt-only restraints are associated with flexion-distraction (Chance) fractures
  • Falls from height: Construction falls, industrial accidents, and falls from ladders or roofs are a major source of thoracolumbar fractures
  • Motorcycle crashes: Lack of structural protection means riders absorb the full impact force
  • Truck accidents: The massive weight and force of commercial vehicle collisions cause the most severe spinal fractures
  • Pedestrian and bicycle accidents: Being struck by a vehicle can cause spinal fractures from the initial impact or the subsequent fall

Treatment for Spinal Fractures

Treatment depends on fracture type and stability:

  • Bracing: Stable compression fractures may heal with a thoracolumbosacral orthosis (TLSO) brace worn for 8-12 weeks
  • Vertebroplasty/kyphoplasty: Injection of bone cement into a compressed vertebral body to stabilize the fracture and restore height
  • Surgical stabilization: Unstable fractures require spinal fusion with pedicle screws, rods, and sometimes cages to stabilize the spine and decompress the spinal cord
  • Emergency decompression: When bone fragments compress the spinal cord, emergency surgery to remove fragments and stabilize the spine may preserve neurological function

Compensation and Legal Rights

Georgia law (O.C.G.A. § 51-12-4) allows recovery of all damages, including surgery and hospitalization costs, rehabilitation, lost wages, pain and suffering, permanent impairment, and future medical needs. 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

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. Contact a spinal fracture lawyer as soon as possible to preserve critical evidence.

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What to Do After A spinal fracture

  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 Spinal Fracture Case

To win a personal injury case involving a spinal fracture, 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 Spinal Fracture Cases

Victims of a spinal fracture 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 Spinal Fracture 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.

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Roden Law Spinal Fracture 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

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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 Spinal Fracture 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.