Understanding Spinal Cord Injuries: A Complete Guide for SC Residents
Discover treatment options and legal advice to optimize your recovery and compensation after a spinal cord injury in Columbia
Spinal cord injuries are among the most severe and life-altering traumas an individual can endure. Whether these injuries stem from car accidents, pedestrian accidents, falls on someone’s property, or workplace accidents, they often have profound effects on a person’s mobility and daily life.
This guide aims to provide comprehensive insights into the complexities of spinal cord injuries, offering valuable information on the immediate and long-term effects, treatment options, and overall impact of these injuries on accident victims and their families.
Additionally, for residents of Columbia, South Carolina, we’ll delve into the legal avenues for obtaining the compensation you need to support your recovery process through a personal injury or workers’ compensation claim.
Do you have specific questions that simply can’t wait? Reach out to schedule a free consultation with one of the knowledgeable spinal cord injury attorneys at Smith, Born, Leventis, Taylor & Vega today.
What are the 4 types of spinal injury?
Spinal cord injuries are generally classified as either complete or incomplete, depending on whether the spinal cord is fully severed (where the person experiences no motor functions or sensations below the injury) or only partially damaged (where the person may experience some motor functions or sensations below the injury).
Within these categories, injuries are further defined based on the level of the spinal cord affected, which significantly impacts the type and severity of functional impairments. These are the 4 basic types of spinal cord injuries based on the level of injury:
- Cervical spinal cord injuries. These injuries occur at the neck level of the spine and can result in quadriplegia (also known as tetraplegia), where both arms and legs are affected. This type of injury can severely impact mobility and may require the individual to use a wheelchair. Functions such as breathing, bowel and bladder control, and movements of the hands can also be affected.
- Thoracic spinal cord injuries. These injuries occur at the upper- to mid-back level of the spine. The primary result is paraplegia, where the lower half of the body, including the legs, experiences impaired function. Individuals with thoracic spinal injuries typically retain use of their arms and hands but may struggle with mobility issues and need a wheelchair.
- Lumbar spinal cord injuries. These injuries occur at the lower back level of the spine. Like thoracic injuries, they primarily lead to paraplegia. Individuals may retain some movement in their hips or legs but often require assistive devices such as braces or wheelchairs. Control over the bowel and bladder may also be compromised.
- Sacral spinal cord injuries. These injuries impact the area near the base of the spine. While they can result in some loss of function in the hips and legs, many people with sacral spinal injuries can walk. However, they may have difficulties with bowel and bladder control and sexual function.
The impact of these injuries on function largely depends on the severity (complete vs. incomplete) and the specific vertebrae affected within these regions.
What is the most serious spine injury?
The most serious type of spinal injury is a complete cervical spinal cord injury. This injury occurs when the spinal cord is fully severed or damaged at the neck level, resulting in the loss of motor and sensory function below the site of the injury.
Complete cervical injuries often lead to quadriplegia, meaning paralysis of all four limbs, and can also affect essential functions such as breathing, bowel and bladder control, and heart rate regulation. The severity and high placement of the injury on the spine make it particularly life-altering, often requiring 24-hour long-term medical care and assistance, including a ventilator to assist with breathing.
What is the main cause of spinal cord injury?
Car, motorcycle, and truck accidents are among the leading causes of spinal cord injuries. This is because the force of such crashes, especially at high speeds, often causes significant trauma to the spine, leading to partial or complete spinal cord damage.
Other common causes of spinal cord injuries include:
- Slip and fall accidents. Falls from significant heights are common in several occupations, such as construction, roofing, and utility work. Falls are also a major risk in homes and public spaces, particularly for the elderly.
- Workplace accidents. Beyond falls, other workplace hazards such as equipment malfunctions, heavy machinery accidents, or vehicle accidents while driving for work can lead to spinal injuries. Workers particularly at risk include iron workers, farm workers, factory workers, and delivery drivers.
- Sports and recreation injuries. Contact sports like football, rugby, and martial arts, as well as activities such as diving into shallow water, can result in spinal injuries if not performed safely or without proper gear.
- Violence. Gunshot wounds and assaults that involve a forceful impact to the spine can also cause traumatic spinal cord injuries. Police officers face an especially high risk of these injuries in the line of duty.
- Medical or surgical complications. Less commonly, spinal cord injuries can occur due to complications from surgeries or medical procedures that involve the spine.
Regardless of how a spinal injury occurs, timely medical intervention is crucial to minimize further damage, manage symptoms effectively, and optimize the chances of recovery.
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Is a spinal cord injury curable?
Currently, there is no cure for a spinal cord injury. However, there are treatments aimed at helping individuals manage symptoms, regain as much function as possible, and improve their quality of life.
Some common short-term treatments include:
- Immediate care. This includes stabilizing the spine to prevent further injury, using medications to reduce inflammation, and sometimes surgery to remove fragments of bone, foreign objects, herniated disks, or fractured vertebrae that may be compressing the spine.
- Acute rehabilitation. Early physical therapy and rehabilitation often start while the patient is still in the hospital. The focus is on maximizing neurologic recovery and teaching basic skills for adapting to reduced mobility.
Long-term treatments may include:
- Ongoing rehabilitation. Long-term spinal cord rehabilitation involves physical and occupational therapy to help improve motor functions, manage pain, and adapt to lifestyle changes, with the goal of enhancing independence and functionality.
- Medication management. Various medications may be used to manage pain, muscle spasticity, bowel and bladder problems, and other secondary conditions related to the spinal injury.
- Assistive technologies. Wheelchairs, electronic aids for daily living, computer adaptations, and voice-activated systems are commonly used to help individuals with spinal cord injuries live more independently.
- Psychological support. Counseling and participation in support groups for patients and their families is often another crucial aspect of addressing the emotional and psychological impacts of living with a spinal cord injury.
For individuals with severe spinal cord injuries, long-term care needs can be substantial, often requiring at-home or 24-hour care in a nursing home facility. At-home care can range from a few hours a day to round-the-clock attention, depending on the severity of the condition, and allows individuals to remain in their familiar environment while receiving the necessary medical and personal assistance they need.
Given the complexities and costs associated with long-term care, planning ahead is important. Consulting with health care professionals to assess the anticipated level of care and social workers for help navigating public assistance programs is an essential first step.
Additionally, due to the high medical costs associated with spinal cord injuries, having an attorney experienced in such cases is crucial for understanding your legal options for securing the compensation needed to cover ongoing treatments, rehabilitative services, and necessary adaptations to your living environment.
What are my legal options for compensation after a spinal cord injury in South Carolina?
When it comes to spinal injuries, your legal rights and potential compensation depend significantly on the circumstances under which the injury occurred. There are 2 primary legal frameworks for claiming spinal injury compensation: workers’ compensation for workplace injuries and personal injury claims for incidents occurring outside of work.
Workers’ compensation for workplace accidents
Workers’ compensation is designed to provide benefits to employees who suffer workplace injuries regardless of fault. This means that employees do not need to prove that their employer was negligent to receive benefits.
The types of compensation available through workers’ comp include:
- Medical expenses. Covers all medical treatments related to the spinal injury, including surgeries, medications, hospital stays, and rehabilitation.
- Rehabilitation costs. Includes physical therapy and any necessary retraining if the worker needs to switch to a different type of job.
- Loss of income. Workers’ compensation provides wage loss benefits, typically two-thirds of the worker’s regular income, during their recovery period.
- Permanent disability. Additional compensation may be available if the spinal injury leads to permanent impairment.
Personal injury claims for non-work-related accidents
Injury claims can be filed with the help of our Columbia personal injury attorney if an injury is caused by someone else’s negligence or an intentional act outside of the workplace. This can include car accidents, falls on someone else’s property, medical malpractice, and more.
Compensation in personal injury cases may include:
- Loss of income. Compensation for lost wages, including future earnings if the injury impacts the victim’s ability to work going forward.
- Pain and suffering. Unlike workers’ compensation, personal injury claims can include compensation for physical pain and emotional distress resulting from the injury.
- Medical expenses. As with workers’ compensation, personal injury claims cover all medical-related costs.
- Punitive damages. In cases where the defendant or at-fault party exhibited extreme negligence or malicious intent, punitive damages may also be awarded to punish them and deter similar behavior.
In some cases, an injured worker may be able to file both a workers’ compensation and a personal injury claim if their work-related injury involves a third party’s negligence or wrongful act. For example, if a worker is injured by defective machinery, they could claim workers’ compensation from their employer and also file a personal injury lawsuit against the machinery’s manufacturer.
This dual approach allows the worker to receive immediate benefits for medical care and lost wages while potentially securing additional compensation for pain and suffering and other damages not covered by workers’ compensation.
Regardless of the type of claim you’re eligible to file, legal assistance is often essential to navigating the complex legal processes effectively and ensuring that all potential sources of compensation are fully explored and utilized.
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What is the statute of limitations for filing a spinal injury claim in South Carolina?
In South Carolina, the statute of limitations—the period during which you must file a lawsuit—varies depending on whether the claim is for personal injury or workers’ compensation:
- Personal injury. For personal injury claims in South Carolina, including those involving spinal injuries resulting from incidents like car accidents or falls, the statute of limitations is generally 3 years from the date of the injury.
- Workers’ compensation. For workers’ compensation claims, the statute of limitations is generally 2 years from the date of the accident or from the time you discovered or should have discovered the injury related to the work accident. Additionally, you’re required to report the injury to your employer within 90 days of the accident to remain eligible for workers’ compensation benefits.
There are some exceptions to these filing deadlines, so it’s always best to consult with an attorney to fully understand the time limitations in your specific case.
Get help from an experienced Columbia SC personal injury attorney
At Smith, Born, Leventis, Taylor & Vega, we understand the immense challenges and changes that come with a spinal cord injury, whether it occurred on the job or due to someone else’s negligence. Our experienced team specializes in both workers’ compensation and personal injury cases, so we’re equipped with the knowledge and dedication needed to navigate these complex legal areas.
Our approach includes meticulously documenting the full impact of your injury, employing expert witnesses to support your claim, and aggressively negotiating with insurance companies to ensure that you receive the full compensation you deserve.
