According to California records, approximately 35,000 people are living with spinal cord injuries in the state. The University of California-Davis reports that 12,500 people sustain new spinal cord injuries each year in the United States.
Many of these injuries can be the basis for spinal injury compensation.
From LA Century Law, here’s what you should know about navigating spinal cord injury claims in California.
Understanding Spinal Injuries: Types
Spinal cord injuries are generally classified by two characteristics: whether the severing of the spinal cord is complete or incomplete and where on the spine the injury occurs.
Complete vs. incomplete
A complete spinal cord injury fully prevents communication between the brain and the body at the point of injury. An incomplete spinal cord injury leaves some ability to relay messages and information. About two-thirds of spinal cord injuries are incomplete.
Cervical spine injury
The cervical spine is the neck. It is the part of the spine closest to the brain. Injury to the spinal cord may cause quadriplegia or a complete loss of feeling below the shoulders. Cervical spine injuries are among the most serious, and such injuries may be fatal.
Thoracic spine injury
The thoracic spine is the middle part of the back. Injuries to the upper thoracic spine affect the chest, including the lungs and diaphragm. Lower thoracic injuries may cause imbalance. Injury may impair control of back muscles, leading to the inability to keep posture.
Lumbar spine injury
The lumbar spine has the largest vertebrae. It supports the most weight of the spine. Injury to the lumbar spine may cause dysfunction of the hips and lower legs. A victim is likely to lose bowel and bladder control.
Sacral spine injury
The sacral spine is the lowest part of the spine above the tailbone. While the spine does not extend to the sacral vertebrae, injury to this area can cause symptoms that are like a spinal cord injury. A person may experience loss of bladder and bowel control and sexual dysfunction. There may be some impairment of the hips and legs.
Understanding Spinal Injuries: Common Causes
Common causes of spinal injuries include:
- Motor vehicle accidents: The top cause of spinal cord injuries and responsible for about 50% of new spinal cord injuries
- Falls: The leading cause of spinal cord injury among seniors
- Shootings and knife attacks: Account for 12% of SCIs
- Sports and recreation: Organized sports, recreational activities, and amusement accidents and injury
- Disease: Medical conditions resulting in damage to the spinal cord; may be non-traumatic
- Surgical complications: An error or problem during surgery resulting in severance of the spinal cord
The Long-Term Impact of Spinal Injuries on Victims’ Lives
A spinal cord injury can impact a victim in multiple ways.
Physically
A spinal cord injury can cause paralysis. A person may experience loss of feeling or voluntary movement. They may also experience pain. In addition, they may have impairment of major organs and bodily functions, including the cardiac, respiratory, and excretory systems. They may be more likely to have pressure sores and osteoporosis.
Functionally
Spinal cord injury impairs a person’s function. They may no longer be able to walk or may not have voluntary movement of the arms and legs. This can impair the person’s life. Activities they used to enjoy may no longer be possible. A person may depend on others for personal care, transportation, and other daily tasks.
Economically
A person with moderate or severe spinal cord injury is likely to have economic costs that exceed $1 million. Costs include medical care and living expenses. Lost income and benefits of employment are additional losses. The most severe spinal cord injuries may result in lifetime costs exceeding $5 million.
Life expectancy
Spinal cord injury lowers a person’s life expectancy. Mortality rates depend on several factors, including the person’s age, the nature of the injury, and the degree of neurological impairment.
Key Steps To Take After Suffering a Spinal Injury
If a person may have a spinal injury, don’t move them. Keep them still and support their head and neck until help arrives. Call emergency responders immediately. Tell medical personnel what happened to cause the injury. Let them know that you think a spinal cord injury may have occurred.
Early treatment will focus on immobilization to prevent further injury, help the person breathe, prevent shock, and minimize complications.
Proving Fault in a Spinal Injury Claim: Evidence and Documentation
To receive a monetary award, the injured person must prove that the named defendant is liable.
There are multiple legal grounds that might be used, including negligence, recklessness, intentional acts, and strict liability.
The plaintiff must demonstrate how the defendant’s actions violated a legal standard. They must then show that the defendant’s actions caused harm, ultimately resulting in the victim’s spinal cord injury.
Determining the Value of Your Spinal Injury Case
Because of the severity of most spinal cord injuries, claim values are often high. Determining case value requires totaling current expenses and losses plus projecting future costs. The plaintiff will likely work with medical experts, who can explain the severity of the injury and its impact. Future costs may include personal care, medical needs, and lost income. Non-economic damages may be included as well, in proportion to the severity of the injury.
California’s Comparative Negligence Laws and How They Affect Your Claim
California’s comparative negligence law allows compensation to be paid even if the victim is partially at fault. The amount of compensation may be reduced by the amount of fault as a percentage. In California, there is no threshold where the victim is completely prohibited from receiving compensation. The only exception is if the defendant has 0% fault.
The California comparative negligence law is important for spinal cord victims. With many claims worth a significant amount, a claim is often a significant benefit to a person with spinal cord injury even if shared fault may be in question.
Contact an Experienced San Bernardino Personal Injury Lawyer
A spinal cord injury is life-changing. Work with a law firm that has won millions of dollars in compensation for our clients and has a 99% success rate. LA Century Law is a team of experienced San Bernardino personal injury lawyers. We navigate spinal cord injury claims in California. Call or message us now.