Arizona Spinal Cord Injury Lawyer

A spinal cord injury is a severe condition that may arise when intense force is applied to the spine, resulting in loss of:

• Sensation
• Movement
• Function

This can ultimately disrupt the process of transmitting nerve signals between the brain and the body, triggering temporary or permanent paralysis depending on the extent of damage and what region of the vertebrae was affected.

Pursuing medical care to help improve quality of life can be costly, and may involve physical and emotional suffering. These particular factors can affect a person’s well-being and daily functioning. If you endured losses as a result of a spinal cord injury caused by someone else’s negligence, you may be entitled to file a claim against them to recover compensation. 

At West Coast Trial Lawyers, our Arizona spinal cord injury lawyers are readily available to step in and handle all legal aspects involved in your case. We will not only help you acquire maximum compensation, but will also work diligently to ensure you get the resources needed to manage your recovery.

Our team runs on a contingency-fee basis, meaning that we will only receive a payment if the case has been settled successfully, with no upfront costs required. To schedule a FREE consultation, you can reach out to us by calling (213) 927-3700 or completing our quick online contact form.

Common Causes of Spinal Cord Injuries

Spinal cord injury cases occur due to traumatic or non-traumatic causes. Let’s go over each one in the sections below.

Motor Vehicle Accidents

Motor vehicle accidents are the most common cause of spinal cord injuries, accounting for more than 37 percent of cases. Significant impact from a moving vehicle can lead to various types of harm, like:

• Whiplash
• Vertebrae fractures
• Neck pain
• Paraplegia

The extent of the injury will depend on the intensity of the collision.

Fall Accidents

Falls make up about 31 percent of spinal cord injuries. It particularly happens with older adults ages 65 and above. When someone falls, the impact can trigger the spine to hyperextend or compress, damaging the area depending on the force and position of the landing.

Sports Activities

Spinal cord injuries resulting from sports typically happen when you participate in a physically demanding event, like football or hockey. It can also be caused by improper techniques incorporated into certain activities, such as entering the water at high speeds or forming bad angles during a dive.

Violence

Violent acts, including gunshot wounds, can trigger severe spinal cord injuries that can lead to paralysis depending on what vertebrae were significantly affected.

Medical Condition

Certain medical conditions can contribute to spinal cord complications, including:

• Autoimmune diseases
• Tumors
• Osteoporosis

Understanding these factors can help promote prevention and raise awareness.

What Are the Four Types of Spinal Cord Injuries?

Spinal cord injuries are categorized based on severity and location. The four main types are: cervical, thoracic, lumbar, and sacral.

Cervical Spinal Cord Injuries

The cervical portion of the spine is located on the top, consisting of seven vertebrae in the neck (C1 to C7). If direct contact is made to this region, it may result in tetraplegia, also referred to as quadriplegia. Affected individuals will have an absent feeling or movement below the injury site.

Thoracic Spinal Cord Injuries

The thoracic area is found on the upper and middle part of the back. It has twelve vertebrae (T1 to T12). If T1 to T5 are impacted, the abdominal and the lower back muscles and legs will encounter functioning issues, ultimately causing paraplegia. But, the arms and hands should be normal. If T6 to T12 are damaged, it can trigger paraplegia, as well. Affected victims may experience little to no bowel or bladder control.

Lumbar Spinal Cord Injuries

The lumbar spine includes the lowest portion of the spine, comprising five vertebrae (L1 to L5) under the thoracic region. Damage done to this area will result in some loss of function in the hips and legs. It does not usually impact upper body function.

Sacral Spinal Cord Injuries

The sacral spine (S1 to S5) is in between the lumbar spine and tailbone (also called the coccyx). It makes up five bones that are combined together to form a triangle-shaped sacrum. Each of them will bring about different issues if damaged:

• S1 will affect your hips and groin
• S2 will affect your back part of your thighs
• S3 will affect your medical buttock
• S4 will affect your perineal area

Pelvic organs may be impacted as it is maintained by the nerves in this particular region of the spine. Symptoms may involve bowel and bladder control issues.

What Is the Difference Between Complete and Incomplete Spinal Cord Injuries?

The key difference between complete and incomplete spinal cord injuries is the extent of damage done to the spine and the loss of function following immediately after the impact.

Let’s further distinguish the two conditions in the following sections provided.

Complete Spinal Cord Injury

A complete spinal cord injury will result in total loss of motor and sensory function below the impacted region. This will prevent nerve signals from transmitting information to and from the brain, resulting in permanent paralysis. 

Incomplete Spinal Cord Injury

An incomplete spinal cord injury means that there is partial loss, meaning that you will have some movement, sensation, or function under the affected site. There is a greater chance of recovery if you are seeking early intervention and rehabilitation.

Determining Liability in a Spinal Cord Injury Claim

Determining liability in a spinal cord injury claim will require you to prove that the defendant’s reckless behavior was the primary cause of bodily damage. To do this, you will need to establish the following elements of negligence:

• The defendant had a legal obligation to act reasonably
• The defendant failed to uphold their duty of care
• The defendant’s carelessness caused your spinal cord injury
• You suffered losses, like medical costs and emotional distress, as a result of the incident

Under Arizona’s comparative negligence rule, all parties will be assessed to identify percentage of fault. If you are found partially liable, you will still be given the right to secure compensation. However, it will be reduced according to the level of recklessness you contributed.

For instance, if total costs are $100,000 and you accounted for 20 percent, you may be awarded an estimate of $80,000.

Available Compensation for Spinal Cord Injury Victims

Spinal cord injury victims are entitled to recover losses pertaining to the accident. Each case will have its own unique challenges, meaning that settlement values will differ. Some factors that will be considered when calculating and distributing compensation include the following:

• The extent of your spinal cord injury
• Percentage of fault
• Current and future medical bills
• Lost wages and earning capacity

To get an idea of what you could be awarded, you can use our personal injury settlement calculator by inputting the expenses you sustained as a result of your spinal cord injury.

Generally, economic damages and non-economic damages are given. Economic damages are financial expenses you endured, like hospital fees or lost income. Non-economic damages refer to intangible losses, such as:

• Emotional trauma
• Loss of enjoyment of life
• Pain and suffering

Contact West Coast Trial Lawyers for a FREE Consultation Today

If you are suffering from a spinal cord injury due to someone else’s negligence, you may be entitled to sue to recover damages. At West Coast Trial Lawyer, our skilled Phoenix spinal cord injury attorneys will offer the guidance and support you need to better your likelihood of acquiring full and fair compensation. You can count on us to be your advocates every step of the way.

To schedule a FREE consultation, you can get in touch with us by calling (213) 927-3700 or filling out our convenient online contact form.

Spinal Cord Injury FAQ

Why Should I Hire a Spinal Cord Injury Lawyer?

Spinal cord injuries often result in lifetime costs of medical expenses, lost wages, and pain and suffering. Hiring an experienced spinal cord injury lawyer can help you secure the compensation you deserve.

At West Coast Trial Lawyers, we understand the medical and legal aspects associated with such cases and can guide you through the process of developing a strong claim. Some benefits associated with our services include the following:

• An investigation will be initiated to learn the cause of your injury
• Evidence will be gathered
• Liable parties will be identified
• Negotiations will be made with the insurance company to ensure you get a reasonable offer
• Legal representation will be provided if your case heads to trial

Our goal is to provide quality services to each of our clients. We value your needs and priorities, and want to make sure you are satisfied with the results we deliver.

What to Do if My Spinal Canal Injury Was Caused by a Defective Product?

If your spinal canal injury was caused by a defective product, you may be entitled to file a product liability claim (ARS 12-681). First and foremost, you will need to get a proper diagnosis and treatment done to help improve your condition. Be sure to document the medical care you are receiving and the expenses associated with these services.

Your case will fall under one or more of the following categories:

• Design defect
• Manufacturing defect
• Failure to warn

Our legal team can evaluate your claim to determine the probable cause and how to move forward with the filing process. Typically, potential defendants in a product liability case include:

• Manufacturers
• Distributors
• Retailers

What Is the Statute of Limitations for a Spinal Cord Injury Claim?

The statute of limitations to file a spinal cord injury claim in Arizona is two years from the date of when the incident occurred. It is encouraged for victims to act quickly to ensure they have enough time left to acquire essential information and support. Delaying these tasks can put you at risk of exceeding the time limit. And if that does happen, you will lose your opportunity to recover financial compensation. 

Can I File a Wrongful Death Claim Due to a Fatal Spinal Cord Injury?

Under ARS 12-611, if a person’s death is caused by the wrongful act of another individual or entity, legal repercussions may be enforced. Certain parties that are entitled to file a wrongful death claim include (ARS 12-612):

• Surviving spouse
• Children of the deceased
• Parents or guardians of the deceased
• Personal representative of the deceased person’s estate

The jury will determine what is fair based on the losses suffered by the surviving family members. If the lawsuit is brought on by the estate, the damages will be part of the estate and used to pay debts (ARS 12-613). Usually, the following damages may be granted in such a case:

• Funeral and burial expenses
• Medical costs
• Loss of financial support
• Loss of companionship
• Emotional suffering

In Arizona, you will be given two years to pursue a wrongful death claim. If the victim’s passing was not immediately apparent, the discovery rule may apply. This means that the time limit to file a lawsuit will be extended if you did not know or could not reasonably have known that someone else’s negligence caused the death.