What Can a Spinal Cord Injury Lawyer Do After a Car Accident?

There are approximately 17,500 new spinal cord injuries in the United States each year, 38.4 percent of which are the result of motor vehicle crashes, which are the top causes of spinal cord damage. These injuries can be physically and financially devastating, with major losses in strength, mobility, feeling, and function at or below the […]

August 6, 2024

While compensation may be available when someone else is to blame for a spinal cord injury, success is never guaranteed, which is why many seek out legal help. What can a spinal cord injury lawyer do after a car accident? Join us as we examine the benefits of retaining skilled attorneys for spinal cord injuries.

What Is a Spinal Cord Injury?

Before getting into the details of civil claims for spinal cord damage, it is important to understand what a spinal cord injury (SCI) is and how it can negatively impact a victim’s well-being.

The spine (also known as the vertebral column) supports the structure and nervous system of the human body, facilitating both movement and sensation. Each spine consists of a length of 33 bones called vertebrae. Running through a space in the center of these bones (known as the spinal canal) is the spinal cord, which is composed of millions of tightly bundled cells (specifically, nerve cells and glia), nerve fibers that carry nerve signals (axons), and blood vessels.

The spinal cord transmits messages between the brain and the rest of the body, allowing an individual to walk, breathe, and engage in other complex patterns of movement. In addition to the spinal cord cells themselves, other kinds of cells just outside of the spinal cord relay information to various parts of the body, including the:

Cervical spinal nerve cells in the neck, which control signals to the neck, the back of the head, the shoulders, the arms, the hands, and the diaphragm;

Thoracic spinal nerve cells in the upper- to mid-back, controlling signals to the chest muscles, some of the back muscles, and many of the organ systems;

Lumbar spinal nerve cells in the low back, controlling signals to parts of the legs, the abdomen, the buttocks, and some parts of the external genitals; and

Sacral spinal nerve cells in the lowest part of the back, controlling signals to the thighs, the lower legs, the feet, most of the external genitals, and the anus.

The spinal cord is protected by three layers of tissue and surrounded by cerebrospinal fluid that acts as a cushion against shock or injury, which is said to take place when the spinal nerves and/or fibers are damaged.

The “completeness” of that damage will influence the symptoms that may be experienced, the most extreme of which is paralysis, a loss of nerve or muscle function that could make it difficult or impossible to move the affected part of the body. Generally, a spinal cord injury can be classified as:

Complete – There is zero nerve communication below the affected area, such that sensation, function, and muscle control are completely lost; or

Incomplete – The spinal cord can still transmit some messages to and from the brain, such that a certain degree of sensation, function, and muscle control still exists below the affected area.

The higher up a spinal cord injury occurs, the larger the percentage of the body that could be paralyzed may be. Whereas an injury that occurs farther down the spinal cord might only paralyze the lower body and legs (paraplegia), the long-term effects of a broken neck or a significant cervical spinal injury could affect all of the limbs (quadriplegia or tetraplegia) and cause paralysis in most of the body.

Paralysis could set in instantaneously because of primary damage from the spinal injury, or it could develop gradually because of secondary damage in the form of cellular death, swelling, and/or bleeding in the spinal cord.

Other Complications from Spinal Cord Injuries

While a catastrophic spinal cord injury involving paralysis may be readily apparent, other spinal cord injuries may be less obvious. Indicators of an underlying spinal cord injury might include:

Numbness, tingling, or loss of feeling in the hands or feet

Pain or pressure in the head, neck, or back

Bruising along the spine

Enfeeblement

Incontinence of the bladder or bowels

Trouble breathing or walking

Alteration in sexual function

Anyone exhibiting any of these symptoms should get medical attention as soon as they can, since a number of grave complications could develop because of damage to the spinal cord and its cells. According to the National Institute of Neurological Disorders and Stroke, spinal cord injuries could lead to:

Breathing issues— Nearly a third of SCI sufferers will demand some form of temporary or permanent breathing assistance, and special training regarding breathing or swallowing may be needed too. Any injury at or near the cervical vertebrae could halt breathing, as the nerves in this region control lung expansion and diaphragm movements.

Pneumonia – If spinal cord injury patients who are experiencing breathing issues are not closely monitored, they could develop pneumonia, a bacterial infection that could inflame the lungs and cause them to fill up with fluid or pus.

Circulatory problems – People with spinal cord injuries are at heightened risk of blood clots, unstable blood pressure, and abnormal cardiac rhythms (arrythmias).

Neurogenic pain – Constant or intermittent burning or stinging sensations may be triggered throughout the body, including in areas that may have otherwise lost feeling.

Bladder and bowel disfunction – SCI patients may need catheterization or other methods to empty their bladders and bowels.

Pressure sores – Weakened blood flow and continuous pressure on parts of the body because of immobility may lead to a breakdown of the skin.

Autonomic dysreflexia – This is a possibly fatal reflex condition that afflicts those with neck or upper back injuries.

Sexual disfunction – Fertility and sexual function may be compromised when some sections of the spine are injured.

Depression – The radical changes imposed by partial or total paralysis can lead to depression and other psychological illnesses.

The extent to which the nerve cells can survive a spinal cord injury will heavily influence a patient’s prognosis, with patients who have little or no nerve cell death frequently capable of achieving nearly full recovery.

Spinal Cord Injuries Can Require Costly Treatment

The sooner a spinal cord injury is diagnosed and treated, the greater a patient’s odds of healing could be. Milder injuries might respond to emergent realignment of the spine with a rigid brace or mechanical force to enhance stability and curb further damage. However, profound spinal cord damage could necessitate surgery to remove fractured vertebrae, herniated discs, bone fragments, and other objects impinging on the spine or even decompression surgery to relieve spinal column pressure.

Research suggests that earlier surgical interventions are linked to superior functional recovery. Moreover, many patients could see gains from physical, occupational, and recreational therapy regimens and the use of assistive devices, ranging from more traditional aids like wheelchairs, crutches, and braces to cutting-edge tools like electronic stimulators, computer adaptations, and neural prosthetics.

While medical science has made enormous strides in creating opportunities for SCI sufferers to enjoy more satisfying lives, the treatment that may be required can be quite costly. A study by the National Spinal Cord Injury Statistical Center calculated the direct annual medical expenses for paraplegia at $593,660.00 for the first year and $78,642.00 for each subsequent year, while the expenses for quadriplegia could range from $880,188.00 to $1,218,106.00 for the first year and from $129,763.00 to $211,528.00 for each year after that, depending upon injury severity. These figures do not even take into account the indirect expenses associated with losses in wages, fringe benefits, and productivity from a spinal cord injury, which average $82,329.00 per year in 2021 dollars.

These are staggering sums that few could cover on their own, which is why so many choose to initiate personal injury cases against the ones who are at fault for their spinal cord injuries.

Who Is at Fault for a Spinal Cord Injury from a Car Accident?

But exactly who is at fault for a spinal cord injury? The answer will depend upon the origin of that injury, though financial recovery will only be on the table if the spinal cord injury is caused by someone else.

To be viable, a personal injury case must demonstrate both “negligence” and “damages.” Negligence is the failure to exercise sufficient care to avoid causing harm, another term for damages. If a defendant’s negligence inflicts bodily damages upon a plaintiff, that plaintiff could pursue the defendant for fiscal damages.

For a case involving spinal cord injuries sustained in a car accident, the damages would include both the spinal cord injuries and any other damages related to them, while the defendants would be anyone whose negligence precipitated the car accident that led to the spinal cord injuries in question – a list that could be more substantial than you might think. For example, the driver who hit you might be a defendant, along with the owner of his or her vehicle (if separate from the driver) and any company making commercial use of the vehicle (if separate from the owner).

Other parties could be liable for your car accident spinal cord injuries too, such as a mechanic if inadequate maintenance brought about a breakdown-related collision or a manufacturer, distributor, or retailer of a defective component part that contributed to that breakdown. If road hazards made the car accident inevitable, then the government body in charge of building and repairing that road and any contractors that it employed might be culpable for the subsequent spinal cord injuries. In some instances, multiple parties could share varying levels of legal liability for the same car accident, for which they might share varying levels of economic liability.

Given how many defendants there could be, it is crucial that you go after all of them within the time allotted by law, known as the Statute of Limitations, since neglecting to file a lawsuit or resolve your case before the Statute expires could forever bar you from full recovery.

Can You Handle Your Own Spinal Cord Injury Case?

If your spinal cord injury has been incurred because of a car accident, the vast majority of the funds that you could recover for it will come from the defendants’ insurance companies, who are not in the business of simply handing over what they owe to anyone who asks for it. If you hope to acquire the resources to get back on track, you will need to bring claims against these insurance companies or even file suit against their policyholders.

In an uncertain period such as this, it is only natural to wonder the best way to proceed. Do you have to hire an attorney? Or can you handle your own spinal cord injury case? While you are entitled to represent yourself for a spinal cord injury, you could be at a serious disadvantage if you try to do so.

This may be your first personal injury case, but it won’t be the first for the insurance adjuster, who may exploit your relative inexperience to offer you pennies on the dollar or even deny your claim outright. And in the face of an unfair denial, you could be left with little recourse as you struggle to keep your family from the brink of ruin.

Why Hiring a Spinal Cord Injury Lawyer Can Make a Difference

This is why hiring a knowledgeable spinal cord injury lawyer after a car accident can make a difference. Just as it won’t be the first personal injury case for the adjuster, it won’t be the first for your attorney either, who will be able to fend off the standard tactics that insurance companies deploy against rookie claimants so they can settle their cases for less.

On the contrary, your lawyer will know what your spinal cord case is worth and will endeavor to equal or exceed that amount during negotiations with the insurance companies, which could increase the value of your case. In fact, the Insurance Research Council found that personal injury plaintiffs with attorneys receive 3.5 times as much as personal injury plaintiffs without attorneys, while another organization found that 85 percent of what insurance companies pay out goes to claimants with professional representation.

So what can you expect with a spinal cord injury lawyer at your side? He or she will start off by conducting a thorough investigation into your car accident and everyone responsible for it within the time permitted by law so that every potential avenue of recovery will be revealed.

Once the defendants have been identified, your attorney will establish valid claims against all of them, sending formal notification in writing to each one and to any insurers with applicable coverage. A lawsuit could be filed as well in a court with the power to hear your spinal cord injury case and issue a binding judgment on the defendants. Doing this correctly is critical, since improperly filed suits can be easily dismissed.

Your lawyer will then work tirelessly to put together a rock-solid case that comprehensively conveys the negligence of the defendants and the entirety of your losses. A seasoned spinal cord injury attorney will know the ideal evidence with which to do this and will move swiftly to secure it, taking action to prevent its destruction if the need arises. Evidence that could bolster a case of car accident negligence might include:

Police reports

Citations and dispositions

Eyewitness statements

Crash scene photos

Dash cam, streetlight, and surveillance footage

Black box data

Phone records

Driving histories

Vehicle inspection logs

Accident reconstruction and forensic analysis

Of course, determining guilt on the part of the defendants is only half the battle. To get what you deserve for your car accident injuries, you must show all that you have lost because of them, which your car accident lawyer will be better equipped to assess than you are. As a novice plaintiff, you might be inclined to accept a settlement that only looks at your immediate, monetary damages. But doing so could leave you high and dry when the lifetime costs of a spinal cord injury emerge, to say nothing of the non-monetary damages, which could sometimes be more enduring and more detrimental than the damages with a price tag attached to them.

In contrast, your attorney will strive to get you compensated for ALL of your losses, coordinating with medical experts when the circumstances call for it, including reimbursement for your:

Past, present, and future medical bills

Lost income

Diminished earning capacity

Pain and suffering

Mental and emotional anguish

Reduced quality of living

Mobility limitations

Loss of consortium

Punitive and wrongful death damages (if relevant)

An insurance company may agree to tender a reasonable settlement for car accident spinal cord injuries rather than take a chance on an even worse outcome at trial. Nonetheless, a trial could be necessary when squaring off against an obstinate adjuster who persists in coming back with lowball offers instead of acting in good faith.

If this should happen, a proficient litigator will become indispensable. While 96 percent of plaintiffs who represent themselves in court are expected to lose their cases, plaintiffs with attorneys win their cases more often than not. And if your lawyer can paint a compelling portrait of your life before and after your spinal cord injury, your verdict or judgment might perhaps even surpass what you would have gotten through a negotiated settlement.

Fighting for the Wrongfully Injured

A spinal cord or other type of injury from a car accident can turn your world upside down, leaving you and the ones you love in a precarious situation. If you have no idea what to do next, consider following the lead of so many others who came before you and reach out to the dedicated Indiana spinal cord injury lawyers at Hensley Legal Group, who have been fighting for the wrongfully injured for more than 25 years.

To schedule a free case review with one of our accomplished Indiana car accident attorneys, please call or text us at (317) 472-3333, chat with us online, or fill out our contact form at your convenience.