Some spinal cord injuries cause permanent damage to the victim, such as paraplegia or quadriplegia. There are also other spinal cord injuries that cause temporary disabilities and chronic pain, resulting in overwhelming medical expenses and lost wages from work.
The spinal cord starts at the base of your brain and ends just above your waist. It's essentially a massive bundle of nerves that transmits information back and forth from your brain to the rest of the body.
Many ring-shaped bones (vertebrae) protect the spinal cord. A sudden, forceful impact can cause fractures that damage the nerves and prevent their regeneration.
The exact location of your body injury will normally determine the level of injury. In many cases, sudden trauma will result in the inability to move to certain limbs or paralysis, and the victim will not even feel sensation below where the injury occurred.
For serious catastrophic injuries like spinal cord damage, seeking experienced legal representation is crucial. It significantly increases your chances of recovering maximum financial compensation.
Most insurance companies will attempt to convince a victim to settle for less than their case is worth. You need to protect your legal rights by retaining a Los Angeles personal injury lawyer who knows how to deal with spinal cord injury claims.
We don't charge you any fees unless we successfully obtain a compensation award. Below, we will review in detail spinal cord injuries and how to recover compensation if you are the victim of negligence.
What is the Anatomy of the Spinal Cord?
The spine, a complex system comprised of a myelin-sheathed column of nerves protected by 31 vertebrae, is a crucial part of your body. From the top down, the spine has four distinct regions, each with its own unique function and vulnerability.
- The cervical is the top part of the spinal cord where the brain connects it to the neck and then the back, consisting of eight vertebrae;
- The thoracic spinal cord essentially makes up the middle of the spinal cord and consists of twelve vertebrae;
- The lumbar is the lower part of the spinal cord in the back where it starts to bend and consists of five lumbar vertebrae;
- The sacral spine is also the lower region of the spine with five vertebrae where it bends inward and contains the nerve roots.
Injuries to the spinal cord can vary from mild to severe, and the long-term consequences can be particularly debilitating. The costs for rehabilitation and care can also be extensive, underscoring the need for immediate legal action.
What are the Types of Spinal Cord Injuries?
Spinal cord injuries are classified as partial or complete based on the extent of the nerve damage. A partial or incomplete spinal cord injury typically results in some bodily function being lost at the point of the injury. The victim is normally able to move one limb and has sensation.
Partial spinal cord injuries typically occur from some type of compression that reduces the brain's ability to send signals below the site of the injury. Partial injuries will always widely vary from one person to another and some motor functions might not work correctly.
Some partial spinal cord injuries result in triplegia – which is losing movement or sensation in one arm and both legs. The most common type of partial spinal cord injuries includes the anterior cord syndrome, central cord syndrome, and the Brown-Sequard syndrome.
Complete spinal cord injuries are clearly the most serious and occur when the brain's ability to send signals to the site of the injury has been eliminated. Any serious injury that impacts the lumbar spinal cord will normally result in paralysis below the waist. Still, you will maintain function in your upper body and arms, known as paraplegia.
Triplegia typically causes a loss of sensation and movement in one arm and both legs and is also considered a partial or incomplete spinal cord injury. If the cervical spine is completely injured, it often causes a loss of motor function in the lower and upper body, known as tetraplegia and quadriplegia.
Tetraplegia is the most severe type of spinal cord injury and eliminates any ability to move limbs below the injury site; and normally causes problems with bladder and bowel control and other daily routine bodily functions.
What Accident Caused the Injury?
Understanding the primary parts of the spinal cord, such as spinal disks and vertebrae, is crucial. If any part of the spine sustains damage in an accident, it could result in life-long consequences. Knowing the causes of spinal cord injuries can help you take preventive measures and understand your legal rights.
In order to determine compensation for your spine injury, we need first to identify what caused your injury. Motor vehicle accidents are by far the leading cause of spinal cord injuries, accounting for nearly 50% of the approximately 13,000 instances that occur each year. Other spinal cord injuries stem from:
- Motorcycle accidents,
- Truck accidents,
- Bicycle accidents,
- Scooter accidents,
- Workplace accidents,
- Slip and fall accidents,
- Trip and fall accidents,
- Violent assaults,
- Sporting accidents,
- Recreational accidents,
- Medical errors.
We will thoroughly review your accident and investigate who could be held responsible. Our personal injury lawyers have years of experience handling serious catastrophic injury cases and identifying the at-fault parties.
What Type of Compensation Can I Receive?
A spinal cord is a life-altering event that may entitle you to compensation for:
- Emergency treatment,
- Diagnostic imaging,
- Lost income,
- Diminished earning power,
- Surgery,
- Other medical costs,
- Pain and suffering.
If you suffered a spinal cord at work, you could seek financial recovery through a workers' compensation claim. This normally covers payments for your medical bills and provides most of your weekly wages without having to prove negligence or liability. If another person caused your spine injury due to negligence, then a personal injury lawsuit can be filed and possibly result in a larger amount of compensation for your losses.
Before accepting a workers' compensation settlement, it's important to understand that doing so may limit your ability to file an injury claim against your employer. To fully understand your legal options, it's best to consult with an experienced injury lawyer.
You May Receive Compensation for All Medical Costs
According to the Mayo Clinic, your spinal cord injury may require rigorous, long-term treatment. Compensation from your claim or lawsuit may cover the above-listed medical costs, as well as:
- Procedures to immobilize your neck,
- A stay in the intensive care unit (if necessary),
- Visits with spinal care specialists,
- Medications,
- In-home caregiver services,
- Light-weight wheelchairs,
- Voice-activated technology,
- Computer-controlled devices,
- Follow-up medical care,
- Experimental treatment,
- Rehabilitation for your injuries.
You may also need in-home medical equipment, depending on the nature of your injury. Many of your medical costs may be lifelong expenses. In such cases, you deserve the equivalent of lifelong compensation. The Christopher & Dana Reeve Foundation explains that the average lifetime cost of spinal cord injuries can be greater than $4 million in certain cases.
Those who caused your injury may be responsible for 100% of your medical costs. Factors that can dictate your medical costs include:
- Your specific type of spinal cord injury,
- Your symptoms,
- The severity of any paralysis that you experience,
- Your specific treatment plan,
- Your array of injury-related damages.
Medical costs may be only one type of damage that entitles you to compensation.
Other Recoverable Damages for a Spinal Cord Injury
In addition to your medical expenses, you may receive compensation for:
- Professional damages (lost wages, productivity, etc.),
- Disfigurement,
- Loss of fulfillment,
- Loss of sexual activity and reproductive function,
- The cost of fertility treatment,
- Mental anguish,
- Psychological counseling,
- Loss of physical capabilities,
- Any other injury-related losses.
A spinal cord injury affects virtually every facet of a victim's life. There is a strong correlation between spinal cord injuries and conditions like depression. There is a monetary value for each negative consequence of your injury. Liability can vary greatly between case types. You may generally receive a financial recovery through either:
- Insurance,
- Injury lawsuit.
Workplace accidents, motor vehicle accidents, and accidents that occur on an insured property may all qualify you for insurance compensation. In other circumstances, litigation may be your only option.
More than one party can be liable for a spinal cord injury. For example, an employer may be responsible for the actions of an employee who caused your spinal cord injury. Each case requires a unique examination of fault and liability.
You May Receive Compensation Even If You Are Partially at Fault for Your Injury
You may be deemed partially at fault for an accident that caused your spinal cord injuries. This does not necessarily preclude you from receiving compensation.
California Civil Code (CC) § 1431.2 explains that:
- “Each defendant shall be liable only for the amount of non-economic damages allocated to that defendant in direct proportion to that defendant's percentage of fault, and a separate judgment shall be rendered against that defendant for that amount.”
In other words, you can receive compensation so long as you are responsible for less than 50% of the cause of your accident.
Personal Injury Lawsuit for Spinal Cord Injuries
Our experienced injury lawyers can guide you through each phase of the personal injury process and explain your legal options. It's important to understand what you should do after an injury. At Injury Justice Law Firm, we have a record of success dealing with catastrophic injury cases, including all types of back injuries and spinal cord injuries.
We know how to negotiate and fight the insurance companies who will almost always attempt to get you to settle for less than your case is worth. We have two office locations in Los Angeles County and offer a free case evaluation by calling (818) 781-1570, or you can fill out our contact form.
Related Content:
