Glendale Spinal Cord Injury Lawyers

Spinal Injuries & Their Effects

The spinal cord extends from the base of the brain down the middle of the back to about the waist. It comprises nerve fibers that transmit messages between the brain and the rest of the body, governing movement, sensation, and essential functions such as breathing and heart rate. The vertebral column, consisting of individual bones or vertebrae, protects the spinal cord. Despite this protection, the spinal cord is highly susceptible to injury from external trauma.

Spinal cord injuries (SCIs) are significant medical conditions that occur when damage to the spinal cord disrupts communication between the brain and the body. Depending on the severity and location of the injury, the effects can be temporary or permanent, complete or incomplete, meaning that some neural functions remain intact.

Spinal cord injuries typically occur as a result of a sudden, traumatic blow to the spine that fractures, dislocates, crushes, or compresses one or more of the vertebrae. Additionally, spinal cord damage can arise from a gunshot or knife wound that penetrates and cuts the spinal cord. 

After the initial injury, further damage to the spinal cord often occurs over the ensuing days or weeks due to swelling, inflammation, and the accumulation of fluid in and around the spinal cord. Spinal cord injuries can lead to varying degrees of paralysis based on the location and severity of the injury. 

Potential Consequences of Spinal Cord Injuries

Each spinal cord injury is unique, which will impact the resulting consequences, which may include: 

• Paralysis (paraplegia/tetraplegia): Depending on the level of the injury, victims may experience paralysis, losing mobility and sensation in the lower limbs (paraplegia) or all four limbs (tetraplegia).
• Loss of sensation: Individuals may lose the ability to feel touch, temperature, and pain below the injury site.
• Respiratory issues: SCI can affect the muscles that control breathing, necessitating mechanical assistance in severe cases.
• Bowel and bladder control difficulties: Loss of control over these functions is common, affecting an individual’s quality of life and requiring ongoing management.
• Pressure ulcers: Reduced mobility can cause pressure sores, requiring meticulous care to prevent complications.
• Chronic pain: Neuropathic pain is a frequent aftermath of SCI, which can be challenging to manage.
• Increased risk of secondary conditions: These injuries can lead to infections, blood clots, and respiratory complications.

Common Causes of Spinal Cord Injuries

Any physical trauma to the spinal cord sustained during an accident can result in a life-changing injury.

These injuries are commonly caused by:

• Vehicular accidents: Collisions involving cars, trucks, motorcycles, bicycles, and pedestrians can forcefully impact the spine.
• Falls: Especially in individuals over the age of 65, falls are a leading cause of SCIs.
• Sports and recreational activities: Engaging in high-impact or extreme sports, especially without adequate safety gear or precautions.
• Violence: Gunshot wounds and stabbings can sever or damage the spinal cord.
• Workplace accidents: These are prevalent in construction, where falls from heights and being struck by heavy objects are common.

How Long Do I Have To File A Spinal Cord Injury Claim In CA?

After a spinal cord injury in California, you generally have a two-year window to file a claim. Acting quickly and consulting an attorney is essential to protect your rights, review your compensation options, and ensure you don’t miss any critical deadlines in your case.

Compensation for Spinal Cord Injury Victims

Victims of spinal cord injuries may need a broad range of compensations to address the comprehensive impact these injuries have on their lives. Each spinal cord injury case is unique, and the types of compensation awarded will depend on the case's specifics, the injury's severity, and the laws in the jurisdiction where the injury occurred.

Medical and rehabilitation expense compensation may be required to cover immediate treatment, hospital stays, surgeries, medication, physical therapy, and any ongoing rehabilitation necessary for recovery or adjustment to a new lifestyle.

Compensation may be required for necessary modifications to the victim’s home, such as wheelchair ramps, stairlifts, and accessible bathrooms, as well as for adaptive equipment like wheelchairs and specialized vehicles.

For victims with severe injuries, the costs associated with in-home care services or long-term care facilities may be needed to ensure daily needs are met. Compensation may include lost wages and earning capacity; this covers lost income during the recovery period and potential lost future earnings due to an inability to return to previous employment or work at all.

Compensation may also be secured for the physical pain and emotional distress suffered and for the individual’s inability to engage in recreational activities or other life pleasures previously enjoyed. 

Can I File A Claim If I Was Partially To Blame For The Injury?

In California, you are allowed to file a claim even if you bear some responsibility for your injuries, thanks to the state's comparative negligence rules. This law enables you to pursue compensation, but your payout will be reduced by your degree of fault. For instance, if you're found 20% responsible, your compensation will decrease by that percentage. In a situation involving a fall accident and a person suffers a spinal cord injury, they may be found 40% at fault for ignoring a warning sign. With $100,000 in damages, their compensation is reduced by 40%, resulting in a $60,000 award. If you are considering filing an injury claim, consulting with an experienced attorney at Hartounian, APLC can assist in assessing your situation and maximizing your potential compensation.