Understanding Spinal Cord Injury Claims And Legal Representation

Spinal cord injuries rank among the most devastating injuries a person can suffer. These injuries often result in permanent paralysis, loss of sensation, and lifelong medical needs. The financial burden alone can exceed millions of dollars over a victim’s lifetime.

Our friends at Edelstein, Faegenburg & Blyakher, LLP discuss the unique challenges these claims present. A spinal cord injury lawyer represents victims seeking compensation for medical expenses, lost income, and the profound impact these injuries have on every aspect of life.

The Medical Reality Of Spinal Cord Injuries

The spinal cord carries signals between the brain and the rest of the body. When damaged, those signals are interrupted or completely blocked. The location and severity of the injury determine what functions are lost.

According to the National Spinal Cord Injury Statistical Center, approximately 18,000 new spinal cord injuries occur in the United States each year. Vehicle crashes cause nearly 40% of these injuries, followed by falls, acts of violence, and sports activities.

Injuries are classified as complete or incomplete. Complete injuries result in total loss of sensation and function below the injury site. Incomplete injuries allow some signals to pass through the damaged area, preserving some function.

Common Causes We See In Legal Claims

Spinal cord injuries rarely happen without someone being at fault. We’ve handled cases arising from numerous scenarios:

• Motor vehicle accidents involving cars, trucks, motorcycles, or pedestrians
• Workplace incidents including construction falls and industrial accidents
• Medical malpractice during surgery or treatment
• Defective products such as faulty vehicle components or safety equipment
• Premises liability cases involving dangerous conditions on someone’s property
• Swimming and diving accidents in pools with inadequate depth warnings

Each case requires proving that someone’s negligence or recklessness caused the injury. Strong evidence connects the defendant’s actions to the spinal cord damage.

The True Cost Of Spinal Cord Injuries

Medical expenses begin immediately and never truly end. Emergency treatment, surgery, hospitalization, and intensive rehabilitation are just the start. Victims face ongoing costs for medications, medical equipment, home modifications, and attendant care.

The lifetime cost depends on the injury level and the victim’s age at injury. High cervical injuries requiring ventilator support can cost over $5 million in the first year alone, with hundreds of thousands in annual expenses thereafter. Even less severe injuries involve substantial ongoing costs.

Lost earning capacity represents another major component. Many spinal cord injury victims can no longer work in their previous occupations or work at all. We calculate not just past lost wages but the present value of all future earnings the victim would have earned over their working life.

Non-economic damages address pain, suffering, loss of enjoyment of life, and emotional distress. These injuries fundamentally alter how people experience the world. Activities once taken for granted become impossible or require significant assistance.

Building A Strong Spinal Cord Injury Case

These cases demand thorough investigation and preparation. We work with medical professionals who can explain the injury mechanism, prognosis, and future care needs. Accident reconstruction specialists may be necessary to demonstrate how the incident occurred.

Documentation is extensive. Medical records must establish the diagnosis, treatment history, and causal connection between the accident and the injury. Life care planners project future medical needs and costs. Economists calculate lost earning capacity. Vocational rehabilitation consultants assess whether any work capacity remains.

Obtaining all relevant evidence quickly matters because witnesses’ memories fade and physical evidence can disappear. We photograph accident scenes, preserve defective products, and interview witnesses while events are fresh.

Dealing With Insurance Companies

Spinal cord injury cases involve high stakes. Insurance companies know these claims can result in multi-million dollar verdicts, so they defend aggressively. Adjusters may dispute liability, argue the injury isn’t as severe as claimed, or contend that pre-existing conditions contributed to the damage.

We’ve seen insurers hire their own medical examiners who minimize the injury’s impact or suggest alternative causes. They may surveil plaintiffs hoping to catch them performing activities inconsistent with their claimed limitations. Some try to pressure victims into quick settlements before the full extent of their injuries becomes apparent.

Having legal representation levels the playing field. We handle all communications with insurance companies, rebut their arguments with solid evidence, and refuse lowball settlement offers that don’t adequately compensate our clients.

The Litigation Process

Most spinal cord injury cases settle before trial, but preparing as if the case will go to trial is essential. Filing a lawsuit triggers formal discovery where both sides exchange information, take depositions, and gather evidence.

Discovery in these cases is extensive. We depose the defendant and any witnesses to the accident. Medical depositions explore the injury, treatment, and prognosis. We obtain all relevant records and may conduct independent medical examinations.

Mediation often occurs before trial. A neutral mediator helps both sides negotiate toward a settlement. The mediator doesn’t decide the case but facilitates productive discussions. Many cases settle at mediation once the defendant sees the strength of our evidence.

If settlement isn’t reached, the case proceeds to trial. Juries in spinal cord injury cases hear testimony from the victim, medical professionals, and various specialists. Powerful evidence combined with clear presentation can result in substantial verdicts.

Time Limits For Filing Claims

Every state imposes statutes of limitations that set deadlines for filing lawsuits. These time limits vary by state and by the type of claim. Personal injury claims typically allow between one and four years from the injury date, though some circumstances can extend or shorten this period.

Missing the deadline usually means losing the right to pursue compensation entirely. Courts rarely make exceptions. Even if you’re still recovering or unsure about pursuing a claim, consulting with an attorney early protects your rights.

Why Legal Representation Matters

Spinal cord injury cases are among the most challenging in personal injury law. They require substantial resources to investigate, develop, and present. Medical testimony is technical and requires translation for juries. Calculating future damages involves complex economic projections.

We’ve represented spinal cord injury victims in cases against negligent drivers, property owners, manufacturers, and medical providers. Each case presents unique challenges, but all require dedicated advocacy and refusal to accept anything less than full compensation.

Moving Forward After A Spinal Cord Injury

The aftermath of a spinal cord injury is overwhelming. Medical treatment, rehabilitation, and adjusting to physical limitations demand enormous energy. Legal matters add another layer of stress to an already difficult situation.

Taking action to protect your legal rights gives you a path toward financial security and accountability. The compensation recovered in these cases provides resources for ongoing care, adaptive equipment, home modifications, and financial stability. If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, speaking with an attorney about your options is an important step toward recovery and justice.