Spinal Cord Injury Lawyer’s Guide to Maximizing Your Recovery in Personal Injury Cases Involving Complete and Incomplete Spinal Cord Injuries

 

Our Spinal Cord Injury Attorneys Offer a Checklist to Help You and Your Family When a Catastrophic Injury Results in Paralysis

 

A spinal cord injury (SCI) is a devastating, life-changing event that can leave you unable to move and reliant on others for daily tasks.

 

An injury to the spinal cord disrupts everything – your physical abilities, mental health, family’s lives, social interactions with friends, and finances.

 

However, you may have several legal remedies to recover compensation and obtain medical treatment for your spinal cord injury.

 

This article explains how a spinal cord injury lawyer can help you win your case and factors to consider when deciding the settlement value of a spinal cord injury case. Additionally, we offer other options to recover money to help you care for yourself or a loved one after a spinal cord injury.

 

Read on if you want to learn more about spinal cord injury litigation’s medical and financial aspects.

 

Then, call us at (757) 810-5614 or (804) 251-1620.

 

Our spinal cord injury attorneys have recovered millions of dollars for victims of workplace accidents and car crashes, and we are here for you, too. We can help you in Virginia, Maryland, and throughout the country from our Richmond, Newport News, Baltimore, Cambridge, Hagerstown, and Florida offices.

 

 

What is the Spinal Cord? 

 

The spinal cord is a critical part of the body. It is a column of nerve fibers, cells, and tissues that runs down the center of the back, from the base of the skull (the brainstem) through the lower back. 

 

Your spinal cord performs three main functions:

 

• Sending motor commands from the brain to the body through accessory nerves;

 

• Delivering sensory information from the body to the brain; and,

 

• Controlling your reflexes

 

The spinal cord is part of the central nervous system, along with the brain and spinal nerve roots.

 

What is a Spinal Cord Injury?

 

According to the National Institute of Neurological Disorders and Stroke, a spinal cord injury is damage to the nerve fibers that send and receive signals from the brain.

 

Is Spinal Cord Injury Life Threatening?

 

The consequences of a traumatic spinal cord injury can range from temporary paralysis and the permanent loss of some sensory and motor function to permanent paralysis of the arms and legs, which may require the use of a ventilator. In the worst cases, it can lead to death.

 

How Common is Spinal Cord Injury?

 

The National Spinal Cord Injury Statistical Center reports there are roughly 18,000 new traumatic spinal cord injury cases yearly. This figure includes only people who survive traumatic spinal cord injury.

 

Currently, there are between 255,000 and 383,000 people with traumatic spinal cord injury living in the United States.

 

Who is at the Greatest Risk of Suffering Spinal Cord Injury? 

 

Many people assume that spinal cord injuries will not happen to them because they do not work in statistically more dangerous occupations like construction, trucking, or forestry (logging). 

 

But the truth might surprise you. Spinal cord injury can happen to anyone, anytime, anywhere. 

 

That said, certain demographic groups have a greater risk of spinal cord injury. These groups include:

 

• Male: Men are four times more likely to suffer traumatic spinal cord injuries than women. Indeed, about 80% of new traumatic spinal cord injury cases since 2015 affected males. 

 

• Young: A significant percentage of traumatic spinal cord injuries occur to people between 16 and 30. However, the average age at injury has increased over the past few decades. For example, the average age at injury was under 30 in the 1970s but is now 43. 

 

Anatomy of the Spinal Cord 

 

An anatomy review is needed to explain how spinal cord injury occurs. 

 

The spinal cord is an enclosed structure that rests within the spinal canal. Layers of tissue, a vertebral column shaped like a tunnel with 33 individual vertebrae (bones), and spinal fluid surround and protect the spinal cord and its exiting nerves. 

 

The spine has several regions:  

 

• The cervical spine, found at the neck level, has seven vertebrae (C1-C7). These vertebrae are more fragile than others. 

 

• The thoracic spine, found at the chest/mid-back level, has twelve vertebrae (T1-T12). 

 

• The lumbar spine, which is in the region around your waist and lower back, has five vertebrae (L1-L5). 

 

• The sacrum and coccyx, found at the end of the spinal cord, have five (S1-S5) and four vertebrae, respectively. 

 

Your vertebrae stack on each other, with a spinal disc between each. These discs, which have a gel-like interior, cushion the vertebrae and spinal cord and absorb pressure from trauma and other forces. Sometimes the discs suffer damage (read more about herniated disc injuries and epidural steroid injections to treat these discs).  

 

Nerves transmitting messages enter and exit the spinal cord through openings between your vertebrae (intervertebral foramina). These spinal nerve roots are named based on the associated vertebral level.

 

What Causes an Acute Spinal Cord Injury?

 

Physical trauma involving hyperflexion, hyperextension, compression, distraction, or lateral stress of the head, neck, or spine is a leading cause of acute spinal cord injuries. 

 

In many spinal cord injuries, the first trauma dislocates or fractures the bones (vertebrae) in the neck or back or damages the spinal discs, causing the bone fragments or disc material to penetrate the spinal cord.

 

This insult to the spinal cord may cause swelling, bleeding, or even tearing of the spinal cord, resulting in a spinal cord injury with permanent consequences.

 

What are the Most Common Causes of Spinal Cord Injury? 

 

The following incidents can cause the forces that lead to spinal cord injury: 

 

• Motor vehicle accidents involving trucks, cars, motorcycles, bicycles, and pedestrians (particularly crashes involving drug use or alcohol intoxication or when the victim did not wear a seatbelt)

 

• Falls from heights (roofs, scaffolds, ladders, utility poles, trees, etc.) and ground level (such as a slip and fall accident)

 

• Violence (gunshot wounds, stabbing, assault, and battery)

 

• Industrial accidents involving heavy machinery such as forklifts and cranes

 

• Struck by falling objects 

 

• Sports injuries (skiing, snowboarding, surfing, football)

 

• Diving accidents (diving into shallow water)

 

• Trampoline accidents

 

• Birth injuries during labor and delivery

 

• Medical malpractice or surgical injury

 

The causes of spinal cord injuries are many and varied, but one thing is for sure: they devastate victims and their families.

 

Levels of Spinal Cord Injury

 

When you suffer an SCI, your healthcare providers will tell you that you have an injury at a specific spinal cord level. 

 

The severity of a spinal cord injury can vary widely depending on the extent of the damage and the location of the injury. 

 

When the injury is closer to the brain, it tends to be more severe as it affects more body parts.

 

On the other hand, when the injury is lower down on the spinal cord, it may still result in loss of function or mobility. However, fewer body parts and organs are affected. 

 

For example:

 

• Spinal cord injuries affecting the high cervical spinal nerves (C1-C4) are the most severe. These injuries may result in paralysis of the arms, hands, trunk, and legs. Further, you may be unable to breathe independently or control bowel or bladder movements. In addition, you may need around-the-clock aid with daily living activities, such as eating, dressing, and getting in and out of bed. 

 

• SCIs involving the low cervical spinal nerves (C5-C8) affect your ability to use your arms and hands. 

 

• Injuries to the thoracic spine roots may affect your ability to use your legs or control your bowel or bladder without special medical equipment. However, you may be able to use a manual wheelchair or even drive with car modifications. 

 

• SCI to the lumbar spine nerve roots affects the legs, bowel, and bladder. 

 

• Damage to the sacral spine affects the feet.

 

Types of Spinal Cord Injury

 

The medical community divides spinal cord injuries into two categories: quadriplegia (also called tetraplegia) and paraplegia.

 

Quadriplegia

 

Quadriplegia describes spinal cord injury causing disruption of the motor and sensory pathways in the cervical spine. These SCIs may cause a loss of movement, function, or sensation in the head, neck, arms, hands, chest, abdomen, and legs.

 

Paraplegia

 

Paraplegia describes a spinal cord injury that disrupts the thoracic, lumbar, or sacral spine segments. This disruption may affect the body from the upper chest through the legs and feet; however, arm and hand function remain normal.

 

Degrees of Severity: Complete vs. Incomplete Spinal Cord Injury

 

A spinal cord injury is either complete or incomplete (partial).

 

Complete Spinal Cord Injury

 

A complete spinal cord injury is the most severe type of injury you can suffer in a work-related accident or motor vehicle crash.

 

In complete spinal cord injuries, trauma compresses or severs the spinal cord, which permanently interrupts the transmission of messages between the brain and the body parts that rely on signals below the point of injury.

 

Complete spinal cord injuries result in paralysis – the inability to move a part of the body. You lose all feeling and voluntary muscle function in body parts controlled by the affected spinal cord levels.

 

Incomplete Spinal Cord Injury

 

With incomplete spinal cord injuries, you keep some of the spinal cord’s function because some nerve signals can move through the injured area.

 

You will likely have permanent disability in some form; however, the body parts below the level of the spinal cord injury will keep some functional use, sensation, and mobility.

 

Complications and Symptoms of a Spinal Cord Injury

 

You will likely experience several symptoms affecting multiple body systems and your mental health after a spinal cord injury. These SCI symptoms and complications are frightening because so many are debilitating and life-threatening.

 

Below are some examples of SCI complications.

 

Motor and Sensory Function

 

One of the hallmark symptoms of a spinal cord injury is a loss of movement and sensation in various parts of the body. This can include the arms, legs, torso, and face. In addition, you may lose the function of organs controlled by the injured spinal cord nerves.

 

Depending on the severity of your injury, you may experience partial or total paralysis, making it difficult or impossible to perform basic tasks such as walking, lifting, or simply turning your head from side to side.

 

Gastrointestinal and Urinary Systems

 

Neurogenic bowel and neurogenic bladder refer to the loss of normal bowel or bladder function due to a damaged nervous system.

 

These conditions are challenging to deal with mentally, as they may lead to embarrassment and feelings of shame. In addition, you may need medical equipment and devices to manage these symptoms.

 

Pulmonary Function

 

A spinal cord injury may paralyze the chest, diaphragm, and abdominal muscles, resulting in breathing problems.

 

You may require a ventilator to breathe or a machine to manage sleep apnea.

 

Skin

 

An inability to move may result in constant pressure on one area of the body and a breakdown in the skin and tissue.

 

When this happens, your doctors will diagnose a pressure ulcer (also called a bedsore).

 

Pressure ulcers affect more than half of spinal cord injury patients and require significant medical treatment to heal and prevent them from recurring.

 

Mental Health

 

Post-traumatic stress disorder (PTSD), depression, and anxiety are common complications of spinal cord injury.

 

What are the Lifetime and Yearly Costs of Spinal Cord Injury?

 

Spinal cord injury will cause wage loss and the need for recurring medical treatment. 

 

A traumatic spinal cord injury victim can expect health care costs from about $400,000 to $1,500,000 in the first year and $50,000 to $250,000 in each later year. 

 

The present value of these estimated lifetime costs (using a 2% discount rate) is between $1,000,000 and $7,500,000, depending on the patient’s age at the time of the SCI. 

 

These amounts are unsurprising given the frequency of bedsores a person with SCI may develop and the cost of treating those with adequate wound care ($50,000 to $70,000 per episode). 

 

In addition to these healthcare costs, the National Spinal Cord Injury Statistical Center estimates indirect costs of SCI averaged $88,915 yearly. These indirect costs include lost wages, fringe benefits, and productivity. 

 

Your spinal cord injury lawyer will work with expert witnesses to create a lifecare plan and specific cost estimates for you.

 

Will I Be Able to Return to Work? Disability from Spinal Cord Injury

 

Disability from work after spinal cord injury depends on several factors:

 

• Whether the paralysis is temporary or permanent

 

• The site and extent of the SCI

 

• The severity of your symptoms

 

• The level of independence

 

• Your psychological adjustment to your medical work restrictions

 

In our experience, those whose spinal cord injury results in quadriplegia, paraplegia, or neurogenic bladder cannot return to work; SCI disability is indefinite.

 

How Does Spinal Cord Injury Affect Life Expectancy? 

 

The estimated life expectancy for spinal cord injury survivors plays a critical role in negotiating car accident and workers compensation settlements for SCI. 

 

Although the life expectancy for those with spinal cord injuries continues to increase, insurance carriers and third-party claim administrators often point to statistics that show the life expectancy of those with spinal cord injuries is less than the average population. Indeed, this happened during a recent workers compensation mediation our firm handled. 

 

Several variables affect life expectancy in spinal cord injury victims, such as:

 

• Whether you survive at least two years after the injury

 

• Your age at the time of injury

 

• Whether you need a ventilator

 

• Whether you have private insurance coverage or coverage through Medicare or Medicaid

 

• The neurologic level of the SCI

 

• The completeness of the spinal cord injury

 

• Your adjustment to your disability

 

• Whether you have an emotional support system at home

 

For example, the life expectancy for a 30-year-old male in the general population is 46.5 years. However, a 30-year-old male with a spinal cord injury has a life expectancy of 25.39 to 35.17 years, depending on the level and completeness of the SCI. These numbers decrease further when a person depends on a ventilator after SCI (from 15.71 years to 21.25 years).   

 

What are the Leading Causes of Death for Patients with Traumatic Spinal Cord Injury? 

 

Multiple studies have investigated the causes of death in traumatic spinal cord injury victims. 

 

The results show these are the leading causes of death after a spinal cord injury:

 

• Respiratory problems (including pneumonia)

 

• Cardiovascular disease (including hypertensive and ischemic heart disease)

 

• Infections (including septicemia from pressure sores/ulcers and urinary tract infections (UTIs)

 

• Pulmonary emboli (blood clots in the lungs) 

 

• Suicide

 

What are My Legal Options after a Spinal Cord Injury?

 

Our spinal cord injury lawyers can guide you through the potential remedies for SCI.

 

Below are some of the potential legal claims you may have after an SCI:

 

Workers Compensation

 

Many spinal cord injuries result from industrial accidents.

 

You may qualify for several types of workers compensation benefits if you suffer an SCI while performing a work-related task. These benefits include temporary total disability, lifetime medical treatment, and home health services.

 

Learn more about workers compensation for spinal cord injuries here.

 

Personal Injury

 

Tort law provides a civil action for personal injuries if someone unrelated to your employer acts negligently or intentionally, causing spinal cord injury.

 

The benefit of a standard personal injury lawsuit is that you can recover damages for pain and suffering, items unavailable in workers compensation.

 

For example, the defendant in a civil action for spinal cord injury may be a negligent driver, a property owner, a school board, a municipality, or an employer other than the one you worked for when you were hurt.

 

Learn more about these third-party claims and auto accident settlements by reading these articles.

 

Product Liability

 

If a defective product causes the SCI, you may have a product liability claim against the manufacturer, distributor, or retailer under negligence, strict liability, breach of warranty, or consumer fraud theories.

 

Social Security Disability

 

You may qualify for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) if your paralysis or other symptoms prevent you from working or performing activities of daily living for one year or more.

 

Learn how to apply for disability here.

 

What is the Average Spinal Cord Injury Settlement Amount?

 

Spinal cord injuries are known to result in the largest workers compensation settlements and verdicts in personal injury lawsuits.

 

Based on our experience, the starting point for spinal cord injury settlements is $1,000,000 or more, which may vary depending on coverage defenses or collectability issues. In many cases, the settlements for spinal cord injury can reach numbers in the multi-millions.

 

These settlement amounts reflect the high healthcare costs, economic damages, and diminished quality of life that a victim of spinal cord injury experiences. However, the final settlement amount may also be affected by eligibility or liability hurdles that may arise during the case.

 

Learn more about settlements for auto accident cases here.

 

How a Spinal Cord Injury Lawyer Can Help You

 

Adjusting to life after a spinal cord injury is difficult enough. It affects every aspect of your life, and there is no cure.

 

You do not need to add “lawyer” to your overwhelming list.

 

That is where our spinal cord injury attorneys come in. We will evaluate all legal options – and then help you pursue them.

 

Contact us today to get us on your team.

 

We represent those with spinal cord injuries in Virginia and Maryland.