Fullerton Spinal Cord Injury Lawyer

A spinal cord injury happens when damage is done to the spine, specifically affecting the nerves and nerve fibers that send and receive signals to and from the brain. This form of bodily harm extends from the lower area of the brain down through the lower back. It can result in temporary or permanent changes in terms of:

• Sensation
• Mobility
• Bodily function

If your spinal cord injury was caused by another person or entity, you may be given the right to pursue compensation to cover the damages you endured. At West Coast Trial Lawyers, our Fullerton spinal cord injury lawyers are readily available to offer guidance and support.

Our team has over 20 years of experience handling personal injury lawsuits and more than $1.7 billion in settlements recovered on behalf of our clients. With our successful case outcomes, we are confident that we will get you the financial compensation and justice you deserve for your losses.

We run on a contingency-fee basis, meaning that you owe us nothing unless we settle your case. To schedule a FREE consultation, you can connect with our 24/7 legal team by calling (213) 927-3700 or filling out our convenient online contact form.

Common Causes of a Spinal Cord Injury

A spinal cord injury can be caused by multiple factors. Let’s go over each one.

Slip and Fall Accidents

A slip and fall can lead to a spinal cord injury when excessive force is made directly to the spine. This can happen during a sudden impact or awkward landing. 

It has been reported that men are the most common gender to sustain spine damage, and more than half of these happen to people between ages 16 and 30. Another common age group that has a spike in spinal cord injuries are those 65 and older.

Engaging in risky behavior, like diving into shallow water or playing sports without having on safety gear, are some of the primary factors that contribute to spinal injuries. Alcohol consumption is another issue that is involved in about 25 percent of cases.

Motor Vehicle Accidents

Motor vehicle accidents are the leading cause of spinal cord injuries, contributing to about 40 percent of new cases each year. These are often caused by a bicycle, motorcycle, or car accident, specifically targeting the cervicothoracic region of the spine. But, the specific area of the injury will differ by vehicle type.

Motorcycle accidents have a higher tendency of causing thoracic spinal injuries and are more likely to cause motor complete injuries, which is a total loss of movement and sensation below the affected area. Automobile and bicycle accidents commonly lead to cervical spinal injuries due to the impact dynamics associated with these types of collisions.

In addition, data suggests that the rate of spinal cord injuries is higher for motorcycles compared to automobiles. This is primarily due to the lack of protection available for motorcyclists, making them vulnerable to intense impact during crashes. As a result, motorcyclists are at a greater risk of enduring severe spinal cord damage.

Sports or Recreational Accidents

Athletic activities that involve high impact, like football or hockey, account for nearly 10 percent of spinal cord injuries. Risks of bodily harm can be reduced if protective equipment and safety measures are implemented.

Violence

An estimate of 12 percent of spinal cord injuries are caused by violent encounters, typically from gunshots and knife wounds.

What to Do After a Spinal Cord Injury

After a spinal cord injury, it is important to consider the actions listed below to prevent further damage, and to improve your symptoms.

Call Emergency Services

Immediate care is crucial in the aftermath of a spinal cord injury. While you are waiting for assistance, be sure to keep your spine as stable as possible. Once emergency services arrive, police will conduct a written report and paramedics will show up to transport you to a local hospital for further medical treatment.

Seek Medical Attention

As mentioned before, you should seek medical attention as soon as possible. This applies regardless of whether minor or catastrophic spinal cord injuries are present. The team working on your condition will focus on stabilizing you, and addressing your injury, along with any complications you may be dealing with.

Document the Incident

Be sure to acquire specific evidence that can help support your spinal cord injury claim. This includes:

• Photos of your injury, damages, and the accident scene
• CCTV footage
• Witness statements
• A copy of the police report and your medical records

Contact a Fullerton Spinal Cord Injury Lawyer

If the spinal cord injury was caused by someone else’s negligence, you can reach out to West Coast Trial Lawyers to meet with one of our Fullerton spinal cord injury lawyers for assistance. We will help you understand what legal rights and options you have available, and work diligently to ensure you recover maximum compensation.

What Are the Four Types of Spinal Cord Injuries?

A spinal cord injury can be categorized into four different types based on the location and extent of damage. Let’s take a look at each one below.

Cervical

The cervical region of the spine includes seven vertebrae (C1 to C7) in the neck. Since it is closer to the brain, it can affect a great portion of the body. If damaged, it can ultimately lead to tetraplegia, also referred to as quadriplegia. This limits movement below the affected area.

Thoracic

A thoracic spinal cord injury is located in your upper and middle back, specifically T1 to T12. Impact inflicted onto this area may result in the following symptoms:

• Significant leg weakness
• Loss of sensation
• Lack of urine or stool control
• Fever
• Lower back pain

Injuries usually target the abdominal and lower back muscles and legs, typically resulting in paraplegia. Arm and hands will function normally.

Lumbar

The lumbar spine consists of five vertebrae (L1 to L5), found in your lower back. If it is damaged due to intense force, you may experience the following issues:

• Loss of function in the hips and legs
• Little to no control of bowel or bladder movements
• Difficulty moving the legs or feet

Sacral

The sacral spine (sacrum) is just below the lumbar spine and right above the coccyx (tailbone). It has five vertebrae (S1 to S5) that are fused together and form a triangular-shaped bone. Symptoms in the aftermath of a sacral spine injury will depend on which location is affected:

• S1 nerves target your hips and groin area
• S2 nerves impact the back part of your thighs
• S3 nerves affect your medial buttock area
• S4 nerves can tamper with your perineal area

Although there is no spinal cord in the sacrum region, you can still experience symptoms that resemble that of spine damage. This includes loss of function in your hips and legs and lack of control over your bowel or bladder organs. Damage done to this area is typically rare, and usually happens with a serious injury, like a fall or trauma directly inflicted onto the area.

The Role of a Fullerton Spinal Cord Injury Attorney

A Fullerton spinal cord injury lawyer plays a significant role in helping victims who have sustained spinal damage due to someone else’s negligence. Some benefits that pertain to such legal services include the following;

• Assessing cases
• Filing lawsuits
• Negotiating settlements with the insurance companies
• Appearing in court when necessary

They fulfill the position of being an advocate for spine injury victims, guiding them every step of the way to ensure they acquire fair compensation. 

How Do I Prove Liability in a Spinal Cord Injury Case?

To establish liability in a spinal cord injury case, you will need to demonstrate the following elements of negligence:

• The defendant owed you a legal duty of care
• The defendant violated their duty of care
• The breach of duty directly caused your spinal cord injury
• You sustained losses, like medical bills or emotional suffering, as a result

Under California’s pure comparative negligence law, all parties will be assessed to determine level of fault. Even if you are partially liable for the incident, you can still recover compensation. But, it will be reduced based on your percentage of fault.

If you were found to be 30 percent responsible for the accident and the defendant was 70 percent responsible, your total damages will be lessened by 30 percent.

So, let’s say you were granted $1 million in damages for your spinal cord injury. If the court determines that you contributed to the incident by 30 percent, the amount will be adjusted to $700,000.

What Is the Statute of Limitations for Spinal Cord Injury Cases?

Under California law, the statute of limitations to file a spinal cord injury lawsuit is two years from the date of when it initially occurred. Try to gather as much evidence as you can and seek the right personal injury attorney to help you through the legal process. If you delay these tasks, you may be at risk of exceeding the given time limit. If that does happen, you will lose your ability to seek compensation for the damages you endured.

How Much Are Spinal Injuries Worth?

Each individual pursuing legal action for a spinal injury will receive a different settlement value due to the unique challenges involved. The following factors will be considered when calculating and distributing compensation:

• The severity of your spinal cord damage
• Percentage of fault
• Current and future medical expenses
• Lost income and earning capacity

To learn what you could be entitled to, you can use our personal injury settlement calculator by inputting the expenses you sustained from the accident.

Usually, economic damages and non-economic damages are granted. In rare cases, punitive damages may also be included.

Economic Damages

Economic damages refer to the financial losses you endured because of your spine injury, such as:

• Medical bills
• Lost wages
• Property damage

It is measurable and quantifiable, making them easier to calculate.

Non-Economic Damages

Non-economic damages are intangible losses that are difficult to measure in monetary terms. It includes:

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

Punitive Damages

Punitive damages are awarded in some personal injury cases. Its purpose is to punish the defendant for exhibiting egregious or malicious behavior, and is intended to deter them and others from performing similar actions in the future.

To prove punitive damages, you will need to show how the defendant presented:

• Intentional harm
• Gross negligence
• Fraudulent behavior

Schedule a FREE Consultation with Our Fullerton Spinal Cord Injury Lawyers

Spinal cord injury victims are entitled to take legal action against the at fault party. At West Coast Trial Lawyers, our Fullerton spinal cord injury lawyers will step in to handle any challenging tasks that may arise while you focus on your recovery.

We aim to provide quality services that meet each of our clients needs and expectations, and will help you get maximum compensation to cover the losses you suffered as a result of the defendant’s actions.

To schedule a FREE consultation with an experienced personal injury lawyer, you can reach out to us by calling (213) 927-3700 or completing our quick online contact form.

Fullerton Spinal Cord Injury FAQ

Can Spinal Cord Injuries Be Cured?

There is currently no cure for spinal cord injuries. But, treatment options are available to help affected victims manage symptoms that will improve their quality of life. This includes the following:

• Medicine
• Rehabilitation
• Immobilization
• Surgical procedures
• Experimental treatments

Ongoing care will be required to prevent other medical conditions.

What Is the Difference Between a Complete and Incomplete Spinal Cord Injury?

The extent of spine damage will determine the level of disability and potential recovery you will undergo. The two distinct types are called complete spinal cord injury and incomplete spinal cord injury. A complete spinal cord injury is a total loss of function below the affected area, meaning that you will have no sensation or voluntary movement.

However, an incomplete spinal cord injury means that you will have partial function down the injury site. You may be able to move one specific limb more than another, experiencing different levels of sensation on one side of the body more than the other.

How Can a Spinal Cord Injury Lead to a Wrongful Death Claim?

A spinal cord injury can result in a wrongful death claim if the complications associated with the condition trigger the victim to pass away. Under California Civil Code of Procedure 377.60, the deceased person’s personal representative or family member can pursue legal action to recover damages.

Specific parties include the following:

• Spouse or domestic partner
• Children and issue of children
• Other heirs who would inherit the decedent’s property by intestate succession

The statute of limitations to file a wrongful death claim is two years from the date of the victim’s death. The discovery rule may apply if the cause of the death is not immediately apparent.

Below are some damages that can be recovered in such a case:

• Medical costs
• Funeral and burial expenses
• Loss of financial support
• Loss of consortium

Can You Sue for Emotional Distress After a Spinal Cord Injury?

You can sue for emotional distress after a spinal cord injury. Such bodily harm can often lead to psychological problems, like depression or anxiety. To receive compensation, you will need to provide evidence. This includes:

• Therapy sessions
• Diagnosis of your condition
• Witness statements from friends, family, or colleagues
• Expert testimony made by a mental health professional who can further support your claim
• Personal journals or diaries that document your emotions and how it has impacted your daily life

Can You Sue for a Spinal Cord Injury if You Signed a Waiver?

A waiver can limit liability under certain circumstances. But, they do not always protect against personal injury lawsuits, especially if the spinal cord injury was due to negligence or intentional acts. A personal injury lawyer can evaluate the waiver to determine whether it is enforceable in your case.

Can Someone Be Held Liable for a Spinal Cord Injury Caused by a Defective Product?

If you sustained a spinal cord injury due to a defective product, you may be entitled to file a product liability claim against the responsible party. In such a case, the manufacturers, distributors, or sellers can be held accountable if their product caused harm to a consumer.

To prove product liability, you will need to demonstrate either of the following:

• The product’s design was unsafe even if it was used as intended
• The product was not manufactured correctly
• The manufacturer did not provide adequate warnings or instructions about risks pertaining to the product

How Do Insurance Companies Handle Spinal Cord Injury Claims?

Insurance companies will evaluate the extent of the spinal cord injury by analyzing the following factors:

• Medical expenses
• Lost wages
• Long-term care costs

The insurance adjusters will  typically try to minimize the severity of the injury to limit the payout, often resulting in disputes that may require the assistance of a personal injury lawyer. With such legal representation, you will have a higher likelihood of acquiring full and fair compensation.