Our backs are incredibly important to our functioning – yet most of us take them for granted until there is a problem. Sometimes the issue is simply sitting for too long or wrenching your back lifting a heavy box. Yet in other cases, a back injury is caused by a traumatic event – such as a motor vehicle accident or a fall.

Any type of injury to your back or spinal cord could cause significant, ongoing medical issues. It may even cause permanent disability, like paralysis. Our South Carolina back and spine injury attorneys will fight to get you full compensation for your losses, including medical expenses, lost wages, pain and suffering, and more.

Based in Simpsonville, Derrick Law Office advocates for back and spinal cord injury victims throughout South Carolina. We understand how devastating these injuries can be, and work hard to help our clients get the compensation that they deserve. Reach out today to schedule a free consultation with a member of our legal team.

Common Back and Spine Injuries Related to Accidents

Back and spinal cord injuries are often linked to accidents. Slip and falls, car accidents, motorcycle crashes, and truck accidents are leading causes of back injuries. Whether a person falls down, is rear-ended, or is otherwise involved in a crash, they could suffer a back or spine injury that leads to serious injury or even permanent disability.

Common back injuries after an accident may include:

• Soft tissue injuries include sprains and strains to the muscles, ligaments, and tendons in the back. These types of injuries may not appear immediately after an accident but can take time to fully recover.
• Whiplash is a neck injury that is often caused by a rapid back-and-forth movement of the neck. It is considered a type of soft tissue injury.
• Spondylolisthesis occurs when a vertebra is displaced by a stress fracture. This can cause pain and weakness, and may even make it difficult to walk.
• Herniated discs can happen due to the natural aging process or from a traumatic event like a fall. It can cause pain and/or numbness in the lower back and/or legs.
• Thoracic spine injury may be caused by a blow to the upper back and may include a fracture and/or a sprain. This can cause permanent nerve damage.
• Lumbar spine injury is any type of injury to the lower back. It is often caused by a traumatic event like a car crash or a fall. Any type of strain, sprain, or fracture in this region of the spine may result in severe pain and disability.
• Spinal cord injury is the most serious type of back injury. If any part of the spinal cord or nerves is damaged, it can cause permanent disability, including paralysis.

Symptoms of a back or spinal cord injury can vary significantly depending on the type of damage. Generally, back pain may include anything from a muscle ache to a shooting, burning, or stabbing sensation. The pain may also radiate down one or both legs.

A spinal injury can involve much more serious symptoms such as loss of movement, a loss or change in sensation, loss of bowel or bladder control, exaggerated reflex actions or spasms, pain or a burning or stinging sensation, difficulty breathing, and/or changes in sexual function. Many of these symptoms – particularly those related to any loss of function – are considered a medical emergency. If you suffered a back or spinal cord injury in an accident, you should seek medical attention immediately.

Filing a Lawsuit for a Back or Spinal Cord Injury

If you were hurt in an accident, you may be able to recover financial compensation from the person who caused your injuries. In most cases, these claims are based on a theory of negligence. This legal term essentially means that a person was careless in some way, such as by running a red light or speeding.

There are four elements to a negligence claim:

1. Duty: the at-fault party (defendant) owed you (plaintiff) a duty of care;
2. Breach: the defendant breached or violated that duty in some way;
3. Causation: the defendant’s violation was the cause of your injuries; and
4. Damages: you suffered losses as a result.

For example, consider a situation where you are stopped in traffic as you wait for the car in front of you to make a turn. Another driver slams into the back of your car in a rear-end accident. In this scenario, the at-fault driver was probably negligent. You could hold them responsible for your back or spinal cord injury.

In some situations, a person wasn’t just negligent – they may have acted intentionally or recklessly, such as a drunk driving accident. You can still file a lawsuit against them for your injuries. A South Carolina spinal cord injury lawyer can help you with the process.

Spine and back injuries often result in disability and may require months or even years of medical treatment. It is important to work with an experienced personal injury attorney who can get you maximum compensation for your injuries.

The personal injury lawsuit process starts with a free consultation. During this meeting, you will have an opportunity to share your story. A South Carolina spinal cord injury attorney will then offer you advice on your rights and legal options.

If you decide to hire a law firm, they will get to work right away to start building your case. This may include requesting a police report for a motor vehicle accident, interviewing witnesses, reviewing medical records, and consulting with expert witnesses. Your lawyer will also research South Carolina law to put together the strongest possible case for compensation.

Next, your attorney will send a demand letter to the at-fault party’s insurance company. This letter will explain what happened and why their insured is legally responsible before making a demand for compensation (damages). Insurance companies usually respond to demand letters with a counteroffer, which begins the negotiation process.

It may be necessary to file a formal lawsuit to protect your legal rights. This does not mean that your case will go to trial. Instead, it is a way to continue negotiations while exchanging more information with the goal of coming to a settlement. If the insurance company won’t offer fair compensation, then your spinal cord injury lawyer will introduce evidence, make arguments, and question witnesses before asking a jury to return a verdict in your favor.

Compensation in a Back or Spinal Cord Injury Case

In any personal injury case, you may be entitled to two kinds of damages: compensatory and punitive damages. Compensatory damages include both economic and non-economic damages and are available in every case. Punitive damages may be awarded in cases involving intentional or reckless conduct.

Economic damages pay for an injury victim’s direct financial losses. Examples include medical expenses, future medical treatment, lost wages, reduced earning capacity, and property damage.

Non-economic damages cover intangible losses. They may include pain and suffering, emotional distress, scarring, disfigurement, and loss of enjoyment of life.

Because back and spine injury cases often involve significant compensatory damages. A spinal cord injury victim might need medical care for the rest of their lives, and may also suffer emotionally because they are not able to enjoy life in the same way as they did before the accident. A skilled Simpsonville spinal cord injury lawyer will fight to get you top dollar for spinal cord damage and related injuries.

Finally, punitive damages may be awarded by a jury in a case involving intentional or reckless behavior – such as a drunk driving accident. These damages are meant to punish someone who acted in this way, so they are not available in every case. Your attorney can help you understand your rights when it comes to punitive damages.

Insurance companies are notorious for using a variety of tactics that are designed to reduce the amount that they pay to accident victims. Their ultimate goal is to pay as little as possible, which may include denying a claim outright. For this reason, you should never talk to an insurance adjuster, give a statement, or sign any paperwork until after you have had a chance to talk to our South Carolina spine and back injury attorneys.

How Our Law Firm Can Help

Spinal cord and back injuries can be devastating. Even a soft tissue injury can require months of doctor’s appointments, physical therapy visits, and other forms of medical treatment. Our spinal cord injury lawyers will work with you to help you get maximum compensation for your injuries.

At Derrick Law Office, we exclusively represent accident victims – never insurance companies or people who cause accidents. We offer free consultations and never charge a fee unless we recover money for you. To learn more or to schedule an appointment with a South Carolina spine and back injury attorney, give us a call at 864-428-1923 or fill out our online contact form.

How Can I Pay for a Spinal Cord Injury Lawyer?

Personal injury law firms handle cases on a contingency fee basis. This type of fee agreement is different from paying a retainer or an hourly fee. Instead, you pay nothing up-front and only pay a fee if your lawyer recovers money for you through a settlement or verdict at trial. The fee will be a percentage of your total recovery.

Contingency fee agreements make it possible for anyone to hire an attorney – even if you are out of work after suffering a serious injury. In Simpsonville, South Carolina, reach out to Derrick Law Office to schedule a free initial consultation with a back and spine injury lawyer.

How Long Do I Have to File a Lawsuit for a Back or Spine Injury?

The statute of limitations for personal injury cases in South Carolina is 3 years. In most cases, you will have to file a lawsuit within 3 years of the date of the accident or injury. If you don’t do so, then you will likely lose your right to file a claim.

This time limit is one reason why you should contact a South Carolin spine and back injury attorney as soon as possible. They can ensure that your legal rights are protected while you focus on what is truly important – your health and well-being.

The Insurance Adjuster Is Offering Me a Settlement for My Back Injury. Should I Take It?

No. In most cases – and in particular back and spine injury claims – the initial settlement offered by the insurance company will not be anything close to what you are entitled to under the law (or what you could get with the help of a personal injury attorney). The insurer is essentially hoping that you agree to take the money and waive any future claims. Their goal is not to make sure that you have enough money to pay your medical bills and other expenses moving forward.

Studies show that people who are represented by counsel recover an average of 40% more in personal injury claims compared to people who represent themselves. If you want to get top dollar for your case, call Derrick Law Office today to schedule a free initial consultation with a South Carolina back and spine injury lawyer.