How to Prove the Need for Ongoing Medical Treatment in Spinal Injury Cases
Spinal injuries can change your life in an instant. Unlike a broken bone that heals in a few months, damage to your spine often requires years of treatment or care that never stops. When someone else’s actions cause your injury, proving that you need ongoing medical care becomes the difference between getting fair compensation and struggling to afford the treatment you need.
The challenge is that insurance companies don’t want to pay for future care. They will question whether you really need continued treatment. They may claim your injury isn’t as serious as you say or that you should be better by now. This is why building a strong case with the right medical evidence matters so much.
Spinal injuries affect more than just your back. They can cause paralysis, chronic pain, loss of sensation, and problems that touch every part of your daily life. The cost of treating these injuries over time can reach hundreds of thousands or even millions of dollars. Without proper documentation showing why you need ongoing care, you may be left paying these costs yourself.
Understanding What Ongoing Medical Treatment Means
Ongoing medical treatment refers to care that extends beyond the initial recovery period. For spinal injuries, this often means treatment that lasts for years or never ends. It includes everything from regular doctor visits and physical therapy to surgery, medication, and medical equipment.
Many people think that once they leave the hospital, their treatment is mostly done. But spinal injuries work differently. Your spine protects your spinal cord, which controls movement and feeling throughout your body. When this gets damaged, the effects can last a lifetime.
Types of Ongoing Treatment for Spinal Injuries
The treatment you need depends on where your spine was injured and how severe the damage is. Common types of ongoing care include:
- Physical therapy sessions to maintain movement and strength
- Occupational therapy to help you perform daily tasks
- Pain management through medication or procedures
- Mental health counseling for depression and adjustment
- Future surgeries to address complications
- Medical equipment like wheelchairs, braces, or home modifications
- In-home nursing care or personal assistance
Some spinal injury patients need all of these services. Others need only a few. Your specific treatment plan depends on your injury and how it affects your body.
The Four Elements You Must Prove
South Carolina law requires you to prove four things in any personal injury case. These are duty of care, breach of duty, causation, and damages. Each one plays a role in showing why you need ongoing treatment.
Duty of Care
This means the person who hurt you had a legal responsibility to act safely. Drivers must follow traffic laws. Property owners must keep their premises safe. Doctors must provide competent medical care. This is usually the easiest part to prove because the law clearly defines these responsibilities.
Breach of Duty
Here you show that the person failed to meet their responsibility. Maybe a driver was texting and rear-ended you on Interstate 20. Or a store owner didn’t fix a broken stairway, and you fell. The breach is the specific action or failure that led to your injury.
Causation
This connects the breach directly to your spinal injury. You need to show that but for the other person’s actions, you wouldn’t be hurt. This is where medical documentation becomes powerful. Doctor’s notes from right after the accident help prove this link. A delay in getting care can create doubt, so seeing a doctor immediately after any accident matters.
Damages
This covers all the harm you suffered. It includes your medical bills, lost wages, and pain and suffering. For ongoing treatment, this is where you prove that your injury will require care into the future. Your current medical records show what you need now. But proving future needs requires additional evidence.
The Role of Medical Evidence in Proving Future Treatment Needs
Medical documentation is the foundation of your case. Without it, you’re asking a jury to take your word about invisible injuries and future problems. With clear, complete records, you have objective proof that’s hard to dispute.
Immediate Medical Records
Your first stop after an injury should be the emergency room or your doctor. These initial records create a timeline. They show what happened to your spine right after the accident. Emergency room notes, X-rays, CT scans, and MRI results provide the first look at your injury.
These early records also document your pain levels and limitations. If you told the doctor you couldn’t feel your legs or that your back pain was severe, that goes in your file. This helps establish a baseline for comparison later.
Ongoing Treatment Documentation
Every visit to your doctor adds to your case. Physical therapy notes show whether you’re improving or staying the same. Pain management records document that your suffering continues. Surgery reports prove that complications arose requiring more intervention.
Consistency matters here. If you skip appointments or don’t follow treatment recommendations, insurance companies will use that against you. They’ll argue you must not be in as much pain as you claim. Regular, documented treatment shows that your injury truly requires ongoing care.
Expert Medical Opinions
Your treating doctors provide important records, but you often need additional medical experts to prove future treatment needs. These specialists review your case and give opinions about what care you’ll need going forward.
For example, a spinal surgeon might review your MRI scans and explain that you’ll likely need another surgery in five years. An orthopedic specialist might testify that your injury will require physical therapy for life. A life care planner can calculate the total cost of all future treatment you’ll need.
These expert opinions carry weight in court. They’re based on medical training and experience. They help the jury understand why your injury isn’t something that will simply heal on its own.
South Carolina Law and Spinal Injury Cases
Understanding your state’s specific laws helps you build a stronger case. South Carolina has rules that affect how long you have to file and how fault gets divided.
The Three-Year Statute of Limitations
In South Carolina, you have three years from the date of your injury to file a personal injury lawsuit. This deadline is firm. If you wait too long, you lose your right to compensation no matter how severe your injury is.
For spinal injuries, this timeline can feel both long and short. You need time to understand the full extent of your injury and future treatment needs. But you can’t wait too long or you’ll miss your chance. Your medical records help establish the injury date and support filing within this window.
Comparative Negligence Rules
South Carolina uses a modified comparative negligence system. This means your compensation gets reduced if you share any fault for the accident. If you’re found 50% or more at fault, you get nothing. If you’re 20% at fault, your compensation drops by 20%.
In spinal injury cases, this rule makes strong medical documentation even more important. You want the focus on the serious, life-changing injuries caused by the other party’s actions. Detailed records showing the severity of your spinal damage and need for ongoing care help shift attention away from any minor fault you might share.
Privacy and Medical Records
When you file a claim, the other side can review your medical records related to the injury. This is different from your general health information, which stays private. Only records connected to your spinal injury and treatment become part of the case.
This means any gaps in treatment or statements you made to doctors will be examined. Being honest with your healthcare providers and following their recommendations protects your case.
Calculating the Cost of Future Medical Care
Proving you need ongoing treatment is only half the battle. You also need to show how much that care will cost over time. This requires detailed calculations and expert testimony.
Immediate Costs vs. Long-Term Expenses
Your case includes medical bills you’ve already received. These are easy to prove with hospital statements and receipts. But spinal injuries often require care that goes on for decades. A 30-year-old with a severe spinal cord injury might need treatment for another 50 years.
Life care planners help calculate these future costs. They consider:
- How often you’ll need doctor visits
- The cost of physical therapy sessions over time
- Medication expenses for years to come
- Future surgeries and hospital stays
- Medical equipment and home modifications
- In-home care or nursing assistance
- How medical costs typically increase over time
These numbers can be staggering. But they reflect the real cost of living with a spinal injury.
Non-Economic Damages
Your case also includes compensation for pain and suffering, loss of independence, and reduced quality of life. Medical records help prove these damages too.
Doctor’s notes that describe your pain levels, your inability to do things you once enjoyed, and how the injury affects your daily activities all matter. These details help put a dollar value on the non-economic harm you’ve suffered.
Common Challenges in Proving Ongoing Treatment Needs
Building your case isn’t always straightforward. Several obstacles can make it harder to prove you need continued care.
Preexisting Conditions
If you had back problems before the accident, insurance companies will blame your current injury on those old issues. They’ll argue you would need ongoing treatment regardless of the accident.
This is where clear medical evidence helps separate new injuries from old ones. An MRI showing fresh damage to your spine proves the accident caused new harm. Expert testimony explaining the difference between your old condition and new injury counters this defense.
Gaps in Treatment
Life gets busy. Money gets tight. Sometimes people miss appointments or stop treatment for a while. These gaps hurt your case because they suggest you don’t really need ongoing care.
If financial problems prevented you from getting treatment, document that. If you couldn’t get to appointments because of your injury, explain that in your case. But the best approach is to follow all treatment recommendations from the start.
Insurance Company Tactics
Insurance companies use several strategies to minimize what they pay:
- They may claim your injury isn’t as severe as you say. They’ll bring in their own doctors to examine you and dispute your need for treatment. They might argue that you’re exaggerating your pain or limitations.
- They often try to settle quickly before the full extent of your injury becomes clear. This leaves you without money for future care needs. Never accept a settlement without understanding all the treatment you’ll need going forward.
- They may also use your social media posts against you. A photo of you smiling at a family gathering doesn’t mean you’re not in pain. But insurance companies will use it to claim you’re fine. Be careful about what you post online during your case.
Proving Causation with Multiple Factors
Sometimes other factors contribute to your injury or recovery. Maybe you smoke, which can slow healing. Perhaps you’re older, which affects recovery time. The defense will point to these factors to argue the accident isn’t fully responsible for your ongoing treatment needs.
Strong medical testimony helps here. Your doctors can explain how the accident caused your spinal injury and why your specific situation requires ongoing care. They can address other factors while making clear that the accident is the primary cause of your condition.
Steps to Strengthen Your Case for Ongoing Treatment
You can take specific actions to build the strongest possible case for continued medical care.
Get Immediate Medical Attention
See a doctor right after any accident, even if you feel okay. Spinal injuries don’t always cause immediate pain. Adrenaline can mask symptoms. Some spinal damage shows up hours or days later.
Early medical care creates that important first record. It documents your injury when it’s fresh. It starts the timeline that will prove causation.
Follow All Treatment Recommendations
If your doctor says you need physical therapy twice a week, go twice a week. If they prescribe medication, take it as directed. If they recommend surgery, seriously consider it.
Following medical advice does two things. First, it gives you the best chance at recovery or managing your condition. Second, it creates a consistent record that proves you truly need the care you’re receiving.
Be Honest with Your Healthcare Providers
Tell your doctors exactly how you feel. If you’re in pain, say so. If certain activities have become impossible, explain that. If you’re struggling emotionally, don’t hide it.
Your doctors can only document what you tell them. Their notes become evidence in your case. Downplaying your symptoms means weaker documentation of your actual condition.
Keep Your Own Records
Beyond official medical records, keep your own notes. Write down your pain levels each day. Document activities you can no longer do. Take photos of visible injuries or medical equipment you need.
These personal records supplement your medical documentation. They provide details that might not appear in doctor’s notes but paint a fuller picture of how the injury affects your life.
Get Multiple Expert Opinions
Don’t rely on just your treating doctor’s opinion about future needs. Consult with specialists who focus on spinal injuries. Get a life care plan prepared. Have experts ready to testify about why you need ongoing treatment.
Multiple expert voices carry more weight than one. They make it harder for insurance companies to dispute your need for continued care.
Building Your Case Takes Time and Evidence
Spinal injuries are complex. Proving you need ongoing medical treatment requires patience and thorough documentation. You need medical records that show the initial injury, document consistent treatment, and project future needs. You need expert testimony that explains why your specific injury requires continued care.
The law gives you three years to file your case, but don’t wait that long to start building your evidence. The sooner you begin documenting your injury and treatment, the stronger your case becomes. Every doctor’s visit, every therapy session, and every medical report adds another piece to the puzzle.
Insurance companies have teams of lawyers and doctors working to minimize what they pay. You need someone on your side who understands spinal injuries and knows how to prove ongoing treatment needs. The right legal help means gathering the right medical evidence, hiring qualified experts, and presenting your case in a way that shows the true impact of your injury.
If you’ve suffered a spinal injury because of someone else’s actions, you deserve compensation that covers all your medical needs, not just the immediate costs. Getting that compensation requires proving your case with solid medical evidence and expert testimony.
The team at Hart Law understands spinal injury cases and the unique challenges they present. We know how to gather the medical documentation you need and work with experts who can project your future treatment requirements. We’re here to help you build a strong case that shows exactly why you need ongoing care and what that care will cost.
Don’t let an insurance company convince you to settle for less than you need. Call Hart Law at (803) 771-7701 to discuss your spinal injury case. We’ll review your situation, explain your options, and help you take the steps needed to prove your need for ongoing medical treatment. Your recovery matters, and you deserve compensation that reflects the full scope of your injury and future needs. Schedule your free consultation today!