Spinal Cord Injury Lawsuits: What You Need to Know

A spinal cord injury (SCI) can be a life-altering event, impacting not only the victim but also their families. In the United States, approximately 17,800 new cases of spinal cord injury occur each year. If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, understanding your legal options is crucial. This blog post will guide you through the essential aspects of spinal cord injury lawsuits, providing you with the knowledge you need to navigate this complex process.

What is a Spinal Cord Injury?

A spinal cord injury results from damage to the spinal cord, often caused by traumatic events. This damage can disrupt the communication between the brain and the body, leading to a loss of motor function and sensation. Spinal cord injuries are classified as either complete or incomplete. In a complete injury, there is a total loss of sensory and motor function below the site of the injury. In contrast, an incomplete injury involves some remaining function below the injury site. The severity and location of the injury on the spinal cord determine the extent of the impact, with injuries higher up on the spinal column often leading to more extensive paralysis.

Common Causes of Spinal Cord Injuries

Understanding the common causes of spinal cord injuries can highlight the potential for negligence and inform legal strategies. Some of the most frequent causes include:

Motor Vehicle Accidents: Car, truck, and motorcycle accidents are the leading cause of spinal cord injuries in the United States. The forceful impact during a collision can cause fractures, dislocations, or compression of the spine, resulting in severe damage to the spinal cord. Many spinal cord injuries in motor vehicle accidents occur due to the negligence of another driver, whether from distracted driving, speeding, or impaired driving.
Falls: Falls are the second most common cause of spinal cord injuries, especially among older adults and workers in high-risk professions such as construction. A fall from a significant height, such as from a ladder, scaffolding, or stairs, can result in serious trauma to the spine.
Acts of Violence: Acts of violence, such as physical assault or gunshot wounds, are another significant cause of spinal cord injuries. Violence-related injuries are particularly traumatic, often resulting in partial or complete paralysis.
Sports and Recreational Activities: Contact sports like football, rugby, and wrestling, as well as recreational activities like diving into shallow water, can lead to spinal cord injuries.
Workplace Accidents: Workplace accidents, particularly in industries where employees work with heavy machinery or in hazardous environments, can result in spinal cord injuries.
Medical or Surgical Complications: Though less common, medical or surgical complications can also lead to spinal cord injuries. Surgeries, especially those conducted near the spinal column, carry a risk of accidental damage to the spinal cord. Additionally, certain infections or degenerative conditions can place pressure on the spinal cord, leading to injury. Medical negligence, including errors in diagnosis or improper handling during procedures, can result in severe and often irreversible spinal cord damage.

Legal Recourse: Filing a Spinal Cord Injury Lawsuit

If a spinal cord injury results from another party’s negligence, victims have the right to seek compensation through a personal injury lawsuit. These lawsuits aim to recover monetary damages for both economic and non-economic losses suffered by the injured person.

To successfully pursue a spinal cord injury lawsuit, it’s essential to establish negligence. Negligence occurs when an individual or entity fails to exercise reasonable care and caution, resulting in harm or injury to another. Examples of negligence that can lead to spinal cord injuries include:

Reckless or distracted driving causing car accidents
Unsafe property conditions leading to slip and fall incidents
Medical malpractice during surgery or treatment
Defective products, such as faulty vehicles or malfunctioning equipment
Unsafe workplace conditions or lack of training

Types of Damages in a Spinal Cord Injury Lawsuit

Spinal cord injury lawsuits seek to recover monetary damages for both the economic and non-economic losses suffered by the injured person. Depending on the circumstances, damages may include:

Medical Expenses: The costs of medical care for spinal cord injury patients are astronomical and ongoing. A lawsuit can pursue compensation for all injury-related medical expenses, including emergency care, hospitalization, surgeries, medications, rehabilitation, medical equipment, home modifications, and future treatment needs. Over a lifetime, medical costs can easily reach millions of dollars.
Lost Wages and Loss of Earning Capacity: Spinal cord injuries typically affect a person’s ability to earn money, and money lost while in recovery is compensable. A lawsuit can also pursue compensation for the victim’s decreased ability to earn income in the future due to their injury.
Long-Term Care and Disability Costs: Quadriplegia and paraplegia due to spinal cord injury typically require extensive ongoing personal care, medical supplies, and mobility equipment—potentially for the remainder of an individual’s life. A lawsuit pursues monetary damages to help cover these significant long-term costs.
Pain and Suffering: The civil justice system attempts to acknowledge this suffering by awarding compensation for an injured person’s pain, disfigurement and scarring, mental trauma, anxiety, depression, loss of enjoyment of life, and loss of consortium.

Factors That Impact Settlement Amounts

Every spinal cord injury case is unique. The value of a particular lawsuit depends on numerous factors, including:

The severity and level of the spinal cord injury (e.g. complete vs incomplete, paraplegia vs quadriplegia)
The cause and circumstances of the accident or incident
The age and overall health of the injured person
The at-fault party’s degree of negligence or misconduct
The skill and experience of the spinal cord injury attorney
The state where the lawsuit is filed

Given the catastrophic nature of spinal cord injuries, the lifelong impacts, and the extraordinary costs involved, spinal cord injury settlements and jury awards are often substantial, commonly reaching into the millions of dollars. However, the outcome of each individual case depends on the unique facts and damages involved.

The Statute of Limitations

It is crucial to be aware of the statute of limitations, which sets a time limit on how long victims have to file a spinal cord injury claim. The statute of limitations varies from state to state, typically ranging from one to six years. In Washington D.C, the statute of limitations is three years. In Georgia and Texas, it is two years from the date of the injury. Missing the deadline can result in the loss of the right to seek legal action.

Choosing the Right Spinal Cord Injury Attorney

Selecting an attorney who is highly qualified, compassionate, and understanding of your situation is crucial for your needs. The journey to justice can be long and challenging, but with the right legal representation, you can navigate it with confidence.

When choosing a spinal cord injury attorney, consider the following:

Experience: Look for an attorney with specific experience in handling spinal cord injury cases.
Track Record: A firm with a strong track record in spinal cord injury cases signals a history of successful outcomes, instilling confidence in potential clients.
Reputation: The reputation of your spinal cord injury attorney can significantly influence the progress and outcome of your case.
Resources: Ensure the attorney has the resources to handle your case effectively, including access to medical experts, investigators, and other necessary professionals.

Questions to ask a potential spinal cord injury attorney:

How much experience do you have in handling spinal cord injury cases?
Can you provide examples of similar cases you’ve handled in the past?
What is your success rate in spinal cord injury cases?
How do your fees and charges work?
How often can I expect to hear from you regarding my case?
Can you explain your approach to handling spinal cord injury cases?
What resources does your firm have to handle my case effectively?
How do you determine whether to settle a case or go to trial?
Who will be the main point of contact for my case?

Advice

Seek Legal Advice Immediately: Given the complexities of spinal cord injury cases and the strict statute of limitations, it is crucial to seek legal advice as soon as possible.
Gather and Preserve Evidence: Collect all relevant documents and information related to the accident and your injuries, including medical records, police reports, witness statements, and photographs.
Avoid Social Media: Most legal professionals would advise against talking about the injury online or sharing details of the accident with anyone. This is to limit evidence that defendants could use to undermine the case.
Focus on Healing: While pursuing a lawsuit is important, prioritize your physical and emotional recovery.

Conclusion

Navigating a spinal cord injury lawsuit can be overwhelming, but understanding your rights and options is the first step toward securing the compensation you deserve. By seeking experienced legal representation and gathering the necessary evidence, you can pursue justice and financial security for your future.