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Whalen Montalvo

Greenville, SC Spinal
Injury Lawyer

Spinal Injury Legal Help

Spinal Cord Injury

Spinal cord injuries can be devastating to victims, causing a wide range of medical issues and problems ranging from temporary impairments to permanent disability and even death. Survivors may be left facing mounting medical and rehabilitation costs at a time they cannot work, and life may never be the same.

When these injuries are due to another party’s negligence or fault, you may be entitled to compensation for your losses through insurance or a personal injury lawsuit. While no amount of money can make up for the suffering you and your family may be going through, a settlement can ease your financial burdens and pay for the care and treatment you need to rebuild your life.

South Carolina personal injury laws are complicated, making mistakes are costly, and insurance companies will try to get you to accept the lowest offer possible, but you do not have to deal with this on your own. The Greenville spinal injury lawyers at Whalen Montalvo know how to deal with insurance companies and how to build your case and advocate for you in court. Let us handle all investigations, negotiations and legal hurdles needed to prove liability and recover the compensation you deserve.

We provide a free consultation to discuss your case and determine the best way to move forward. There are no costs to you unless and until we win a settlement, so you have nothing to lose and everything to gain. Give us a call today.

Consultations are free and cases are typically taken on a contingency fee basis, which means no money out of pocket to you. Give us a call: We’ll be happy to chat about the merits of your case and the best step moving forward.


Common Spinal Cord Injuries

There are two main classifications of spinal cord injuries: complete and incomplete.

  • Complete spinal cord injury: This means all communication between the brain and the part of the body below the injury site is severed. Loss of feeling and movement occurs below the level of injury.
  • Incomplete spinal cord injury: In this case, some communication pathways remain. The amount of feeling and function a person retains depends on the severity of the damage. There are several different types of incomplete spinal cord injuries:
    • Central cord syndrome: This is the most common type of incomplete SCI. It often results from hyperextending the neck, damaging the center of the spinal cord. This injury typically causes more weakness and loss of function in the arms than in the legs, along with impaired temperature and pain sensation below the injury level.
    • Anterior cord syndrome: This uncommon injury damages the front of the spinal cord, affecting motor function and the ability to feel pain and temperature below the injury site.
    • Brown-Séquard syndrome: This rare injury damages one half of the spinal cord. It leads to paralysis and loss of feeling on one side of the body, while the other side retains normal function.
    • Cauda equina syndrome: This injury damages the bundle of nerves at the bottom end of the spinal cord. It causes weakness, numbness, and loss of bowel and bladder control.

What Causes Spinal Cord Injuries?

Spinal cord injuries stem from trauma or other causes. They can happen due to accidents or other factors. Here’s a look at the most frequent causes.

  • Motor vehicle accidents: Car crashes, motorcycle accidents, and pedestrian accidents are the leading cause of spinal cord injuries, accounting for over a third of all cases.
  • Falls: Falls are a major risk factor, especially for seniors. Falls from heights or even simple slips and falls can damage the spinal cord.
  • Acts of violence: Gunshot wounds and stabbings are responsible for a significant portion of spinal cord injuries.
  • Sports and recreation injuries: Sports like football, rugby, and diving can put athletes at risk of spinal cord damage.
  • Diseases: Certain medical conditions like tumors, arthritis, and osteoporosis can increase the risk of spinal cord injury from even minor trauma.

What Damages Can A Greenville Spinal injury Lawyer Recover?

Our Greenville spinal cord injury lawyers will fight for an award called damages that covers the costs, losses and pain and suffering from your injuries. In South Carolina, you may receive compensatory damages that consist of both economic damages to cover your monetary costs, and non-economic damages, for effects from the accident that don’t have a specific dollar value but negatively impact your life. In some rare cases, when it can be proven that the defendant’s actions were “willful, wanton, or reckless,” you may also be awarded punitive damages. These are intended to punish a defendant and to deter such behaviors in the future.

Examples of economic damages are:

  • Medical, rehabilitation, and caregiving costs
  • Modifications to a home, such as to accommodate a wheelchair
  • Lost wages and earnings, current and into the future
  • Property damaged in the accident.

Noneconomic damages examples include:

  • Physical and emotional pain and suffering
  • Disability
  • Loss of companionship or consortium
  • Loss of enjoyment of life.

South Carolina does not limit the amount of economic or non-economic damages that you can recover in spinal injury cases, except for cases naming government defendants.

Spinal Cord Injury Lawyer in Greenville Must Prove Negligence

Proving negligence is an essential part of every personal injury case. Our spinal cord injury lawyers in Greenville must show by the evidence that another party or parties, (the defendants in the case) were negligent and at fault for causing the accident that caused your injuries. This means establishing the existence of the following elements:

  • Duty: The defendant owed you a duty of care not to cause harm.
  • Breach: The defendant breached this duty by actions or failure to act.
  • Cause: This breach resulted in the accident that caused your spinal injuries.
  • Damage: You suffered damages as a result.

In some cases, there are multiple parties who may have done something to contribute to the accident. For example, if the accident was with a truck, in addition to the driver, other negligent parties may be:

  • The trucking company that owned the truck
  • The manufacturer of the truck or its parts, if these failed
  • A maintenance company that failed to make proper repairs to the truck
  • The cargo company that loaded the truck, if this was done improperly.

Our attorneys would look to name all potentially liable parties as defendants in the lawsuit, as they all may have insurance and assets that can go toward a settlement.

Spinal injury Attorneys in Greenville Answer Frequently Asked Questions

After a serious spinal injury, you are dealing with a lot. and it is common to be confused and have questions and concerns. We can handle your individual concerns at your free initial consultation, but you may be interested in answers to questions our attorneys are often asked:

How much will my settlement amount be?

There are a wide range of settlement amounts possible, from the thousands to millions of dollars that may be awarded in a successful spinal injury lawsuit. The amount you receive depends on the circumstances of the case and factors such as the severity and permanence of your injuries, amount of lost earnings and whether you will be able to work in the future, the availability of insurance coverage and assets, and the skill and negotiating power of your attorney to handle your case.

Should I speak to the insurance companies?

The less you say to insurance companies the better. Insurance companies want to pay out as little as possible and often use tactics such as getting you to accept a lowball offer for less than your case is worth, or tricking you into admitting you were at fault for your injuries. Let Whalen Montalvo handle all dealings and negotiations with insurance companies to prevent costly mistakes.

What if my loved one died from a spinal cord injury?

In the terrible event that your family member dies after suffering a spinal cord injury, our attorneys can file a wrongful death claim to receive compensation. According to South Carolina law (Section 15-51-10 and 20), when a death is caused by the wrongful act, neglect or default of another, a wrongful death claim may be brought for the benefit of the deceased’s spouse and children, and if there are none, for the deceased’s parents or heirs.

Is there a time limit for filing a case?

Yes, South Carolina has a statute of limitations for filing personal injury and wrongful death cases, including for spinal injuries. There are some exceptions, but in general you have three years from the date of the accident to file, and if you fail to do so on time, the courts will most likely dismiss your case.

What if I did something to contribute to the accident that caused my spinal injury?

Even if you contributed to the accident, you may still be able to get a settlement, due to South Carolina’s modified comparative fault rule. As long as you are not more than 50% at fault, you can recover damages, but damages are reduced by the percentage you are found to be at fault.

Our Whalen Montalvo attorneys understand how much you have to deal with after a serious spinal cord injury, and we will be there to support you, answer all your questions, and keep you informed throughout the entire legal process.

How Our Greenville Spinal Cord Injury Attorneys Help

Why Choose Us

Spinal injury cases are complicated, so you should seek an attorney you not only trust and feel comfortable with but who has the experience and resources needed to handle your case. Here are some reasons why we believe that Whalen Montalvo is your best choice:

  • We are experienced and know the needs of South Carolinians. Attorney James Whalen grew up in Greenville, South Carolina, and has worked in civil litigation on the defense and plaintiff’s side, and also as a prosecutor and criminal defense attorney. Attorney Eric Montalvo spent more than twenty years in the Marine Corps as a leader and Judge Advocate and is experienced as a military prosecutor, general counsel, criminal defense attorney and civil defense litigator. As a result, they know how the justice system operates for both plaintiffs and defendants.
  • We get results for our clients, and you can read reviews from those we have helped.
  • Our achievements have earned us numerous firm and individual credentials, including selection of James Whalen by his peers for inclusion in the South Carolina 2021 Legal Elite and in the Irish Legal 100.
  • We deal and negotiate with insurance companies, so you won’t have to.
  • We offer free initial consultations to get you started.
  • We are accessible and available 24/7 for client emergencies.
  • We work on a contingency basis, so you pay us nothing unless we win and you get your money.

We Offer: Advocacy. Service. Results.

When the spinal cord is injured, the result is usually total or partial paralysis below the point of injury, which can be life-changing and overwhelming to both victim and family members. When you have our legal team on your side, we will start working on your case immediately. We will:

  • Meet with you to discuss how the spinal injury happened and who the at-fault parties may be, and determine your damages and what your case may be worth
  • Investigate the accident scene to gather and preserve evidence, such as from videos and photographs, from police, ambulance, and medical records and reports, and from interviews with witnesses and first responders
  • Hire experts to reconstruct the accident and determine fault, and experts to testify as to the costs and extent of your injuries and the effects on your life into the future
  • Deal and negotiate with insurance companies and their attorneys for a fair settlement
  • Build your case and take it to court if necessary.

At Whalen Montalvo, we know the importance of collecting evidence quickly, before it can be destroyed or tampered with. Our clients are important to us, and we fight aggressively for the compensation they deserve.

Get a Free Consultation From Our Spinal Injury Attorneys in Greenville

If you or a loved one has suffered a spinal cord injury caused by someone else’s negligence, the legal team at Whalen Montalvo is ready to help take the burden off you and fight for the maximum settlement you deserve.

We will handle all legal hurdles and requirements so you can concentrate on your recovery. Call us today for your free, no-obligation consultation.

Get Help Now (864) 770-7710

James M. Whalen

I grew up right here in Greenville, South Carolina. Following highschool, I attended Rhodes College in Memphis, Tennessee, where I was an NCAA Scholar-Athlete for the Rhodes Lynx soccer program.

I completed my law degree at University of South Carolina School of Law, where I was on the mock trial team and an editor for the Journal of Law and Education. Following graduation, I served as a judicial law clerk for Senior Judge Robert H. Hodges, Jr. on the Court of Federal Claims in Washington, D.C. My experience in D.C. trial courts solidified my desire to become a trial lawyer.
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Get the best legal representation possible. Give the Greenville, SC attorneys at Whalen Montalvo a call today at (864) 770-7710 or use our online form.