What Is a Spinal Cord Injury 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

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 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 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

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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.