San Jose Spinal Cord Injury Lawyer

A spinal cord injury can dramatically change your day-to-day lifestyle, often causing permanent changes to your body function and independence. This injury can be sustained by blunt force trauma and penetrating trauma, and while the extent of spine damage may range from partial impairment to complete paralysis, it can still drastically affect one’s livelihood in a significant manner. 

Under personal injury law, spinal cord injury victims are entitled to file a claim against the at fault party to recover damages. At West Coast Trial Lawyers, our knowledgeable and talented team of San Jose spinal cord injury attorneys will navigate you through each phase of the case, ensuring your rights are protected and your interests are prioritized. 

Our team specializes in handling personal injury claims, and has a strong track record of delivering client satisfaction. With over $1.6 billion in financial compensation won for our deserving clients, you can rely on us to fight for your rights and get you fair compensation to cover the expenses you incurred in the aftermath of your spinal cord injury.

We run on a contingency-fee basis, meaning that our services are free until we settle your case. To schedule a FREE consultation, you can connect with us by calling (213) 927-3700 or filling out our quick online contact form.

What Is a Spinal Cord Injury?

A spinal cord injury happens when brute force damages the spine and disrupts the flow of messages between the brain and the rest of the body. The severity of your injury will vary depending on what region is affected and the level of harm done to the vertebrae involved.

What Are the Most Common Causes of Spinal Cord Injury?

Spinal cord injuries can happen in various ways, and often result in lasting effects. The most common causes range from car accidents to slip and falls, each with its own potential to trigger spine damage. Below, we will further explain what specific factors can contribute to such bodily harm.

Car Accidents

Car accidents can provoke spinal cord injuries due to the strong forces involved in a collision. The risk may increase if vehicle occupants experience either of the following:

• Hitting the dashboard or steering wheel
• Seat belt injuries
• Violent motion (during rollovers or ejections)

Slip and Falls

A spinal cord injury can happen during falls when the spine sustains excessive force of trauma. This can cause:

• Compression
• Fractures 
• Dislocation
• Hyperextension
• Hyperflexion

Older adults are prone to falls, especially if they come in contact with slippery or uneven surfaces. As age-related changes in the spine can raise the likelihood of a severe outcome in a fall, a serious spinal cord injury can very likely occur if the individual has weak and brittle bones.

Sports Activities

High-impact sports, like football and hockey, can trigger spinal cord injuries due to the intense physical contact that is naturally found in these sports. For instance, if a player directly targets the back or neck of another player, it can fracture or dislocate the vertebrae, causing them to compress, and potentially harm the spinal cord. Even other activities like gymnastics and wrestling, high-speed movements or falls can contribute to hyperextension or hyperflexion and result in a spinal cord injury. 

Physical Violence

Gunshot wounds and knife stabbings can penetrate deep into the skin and reach the spinal cord, causing it to either sever or compress the spine. With that in mind, the likelihood of experiencing a severe spinal injury is very likely and it is highly urged to pursue legal action in these scenarios. As the nature of violent assaults can either be categorized as civil or criminal, it is vital that you hire an attorney who is well versed between the two. 

What Signs or Symptoms Commonly Occur in a Person With a Spinal Cord Injury?

Each person will experience various signs and symptoms of a spinal cord injury. Those with spine damage may undergo different levels of physical pain and challenges according to what particular region has been affected.

Some common issues that may arise with this condition include the following:

• Loss of movement
• Loss of sensation
• Changes in reflexes
• Difficulty breathing
• Dysfunctional bowel or bladder
• Muscle weakness

What Are the 4 Types of Spinal Cord Injuries?

There are four types of spinal cord injuries, each differing from one another in severity and recovery. Let’s take a look at what they are and the impact they could have on your lifestyle.

Cervical Region

The cervical region of the spine is the first seven vertebrae (C1 to C7). It helps support the head and neck, allowing you to perform a wide range of movements. Direct damage done to this area can trigger tetraplegia (also known as quadriplegia). This can affect all four limbs, and may cause loss of:

• Movement 
• Function
• Sensation

Thoracic Region

The thoracic spine is made up of 12 vertebrae (T1 to T12), and is found between the neck and the bottom of the ribs. It provides stability for vital organs, such as the heart and lungs. Since it is less mobile compared to other areas of the spine, injuries are not as common, but they can still be severe. 

Some issues that may arise in the aftermath of a damaged thoracic spine include the following:

• Weakness
• Loss of sensation
• Back pain
• Spasms
• Loss of bowel or bladder control

Lumbar Region

The lumbar spine is located between the thoracic and sacral regions. It consists of five vertebrae (L1 to L5), serving stability, mobility, and nerve signaling throughout the lower part of the body. Bodily harm targeted in this particular area may result in:

• Paralysis
• Numbness
• Bladder or bowel issues
• Loss of balance

Sacral Region

The sacral region has five vertebrae (S1 to S5). It is the triangular bone in the lower back that connects the spine to the pelvis. Some specific key roles it contributes to include the following:

• Upper body support
• Control over motor and sensory functions in the lower body
• Bowel and bladder control

If the sacral spine is met with strong force, you may experience loss of lower body function and sensation. Other issues that may arise are:

• Bowel and bladder dysfunction
• Pain and discomfort in the lower parts of the body

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

A spinal cord injury may either result in complete or incomplete bodily damage. It may fall under the category of catastrophic injuries due its life-altering impact on physical abilities and self-reliance. Diagnosing such a condition will depend on its severity and what particular region has been affected. Let’s further explore these types of impairments to understand how it can impact your mobility.

Complete Spinal Cord Injury

A complete spinal cord injury is the most severe form of spine damage. Victims who are diagnosed with this condition will experience permanent disability below the impacted region. A severe spinal cord injury can disrupt all nerve signals from traveling past the affected site, thus disconnecting the brain from functioning body parts below that level.

Incomplete Spinal Cord Injury

An incomplete spinal cord injury happens when the spine endures partial harm, but still has a certain degree of function and sensation below the damaged area. The aftermath will be different for each individual depending on what particular location of the spine was mostly targeted and by how much. People who have incomplete spinal cord injuries can develop notable improvements with appropriate treatment and rehabilitation.

Can a Person With a Spinal Cord Injury Walk Again?

A person with a spinal cord injury may or may not be able to walk again, it depends on whether they have partial or full paralysis. Mobility improvement is far more likely to happen to someone who has an incomplete spinal cord injury since they still have some nerve signals passing through the injured area.

Nonetheless, the likelihood to walk again will primarily depend on the following factors:

• The extent of your injury
• The damaged vertebrae
• Commitment to therapy

What Is the Best Treatment for Spinal Cord Injury?

The best treatment options available for a spinal cord injury will differ for each person. This particular type of bodily harm can present unique challenges that may require various approaches. While there is no cure for spine damage, relying on medical care, interventions, and rehabilitation can help improve quality of life.

Emergency Medical Treatment

Emergency medical treatment can help reduce the risk of further complications that may emerge after a spinal cord injury. The hours following up after the incident are crucial. It is important for medical professionals to act quickly to ensure the spine is stabilized, and to reduce secondary damage by maintaining any inflammation and swelling that is presented.

Medication

Medication will help manage symptoms and reduce complications. This can allow patients to fully participate in rehabilitation and enhance one’s physical and emotional well-being.

Surgical Procedures

Surgical procedures may be required to prevent additional damage to the spine or to improve the likelihood of regaining some function. Some common approaches that have been used include the following:

• Spinal stabilization
• Decompression (laminectomy)
• Spinal fusion surgery

The success of surgery will depend on what type of condition you have and how severe it is.

Rehabilitation

Rehabilitation plays a significant role in helping people with spinal cord injuries. Those who undergo this process can regain potential function. Below are some forms of therapy that may be suggested based on your needs and the extent of spine damage incurred:

• Physical therapy
• Occupational therapy
• Neurological rehabilitation

What to Do After a Spinal Cord Injury

After a spinal cord injury, you will need to take immediate action to prevent further damage. Knowing what to do in the critical moments following such an incident and how to proceed in the aftermath is important to ensuring medical care and legal protection.

Seek Medical Attention

You should contact 911 for immediate medical help. Timely care is crucial to prevent the spine from progressively worsening. Once medical professionals arrive, they will assess your condition and use immobilization techniques to maintain stability of your spine while you are being transported to the hospital.

You will undergo imaging tests to get a diagnosis of your condition. Early detection will allow you to find the right treatment to reduce inflammation and prevent further spinal cord damage. These results, along with visits, prescriptions, and surgical procedures, will be documented and saved on file. You can request a copy of your medical records and use it as proof if you are planning on submitting a personal injury claim.

Document the Incident

Spinal cord injury victims may be unable to document the accident scene. If a friend, family member, or bystander is nearby. They can:

• Take photos of the scene
• Request CCTV footage
• Get witness information
• Jot down what happened

Acquiring these details can help you develop a strong claim.

Consult With a San Jose Spinal Cord Injury Lawyer

You can entrust our skilled San Jose spinal cord injury lawyers to support you through the legal process. We will evaluate your case and identify the at fault party. From there, we will determine what necessary steps should be taken to ensure you are granted maximum compensation.

Proving Negligence

To prove negligence in a spinal cord injury case, you will need to prove how the defendant’s actions directly caused bodily harm. Key elements you will have to establish include the following:

• The defendant owed you a duty of care
• The defendant breached their duty of care
• The defendant’s reckless behavior was the primary cause of your spinal cord injury
• The spinal cord injury led to damages, like medical expenses, lost wages, and pain and suffering.

Several parties can be found liable depending on what circumstances are involved. Fault could be assigned to:

• Drivers
• Property owners
• Manufacturers
• Government entities

Comparative Negligence in a Spinal Cord Injury Case

Comparative negligence is a legal principle that determines each party’s degree of fault in an accident. Even if you are found partially liable, you can still recover compensation. But, it will be adjusted according to your percentage of fault.

For instance, if the defendant is 80 percent responsible and you are 20 percent responsible, your settlement will be reduced accordingly.

How Long Do I Have to File My Spinal Cord Injury Claim?

Spinal cord injury claims must be filed within two years from the date of when the incident occurred. You will need to initiate the lawsuit within this time frame. Be sure to gather significant evidence and seek legal representation from an expert attorney. Failing to fulfill these duties can delay the process, and may put you at risk of losing your opportunity to recover damages.

Seeking Compensation After a Spinal Cord Injury

Compensation in a spinal cord injury case will have different values for all victims due to the unique factors involved. The court will consider the following when calculating damages:

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

To get an estimate of what you could be granted, you can use our personal injury settlement calculator by inputting in the expenses you were left with after the incident. Typically, economic damages and non-economic damages are awarded in spinal cord injury claims, but in rare instances, punitive damages may also be given.

Economic Damages

Economic damages are financial costs you incurred, such as:

• Hospital fees
• Lost wages
• Medical equipment and supplies
• Rehabilitation and therapy costs

Non-Economic Damages

Non-economic damages are granted for intangible losses, like:

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

Punitive Damages

Punitive damages are intended to punish the wrongdoer for exhibiting egregious behavior and to prevent others from performing similar conduct. It is not awarded in all personal injury cases. You will need to prove how the defendant acted with malice or intentional harm.

Our San Jose Spinal Cord Injury Lawyers Are Here to Help

If your spinal cord injury was caused by someone else’s negligence, you may be given the right to sue the at fault party to recover compensation. At West Coast Trial Lawyers, we will work diligently to ensure you submit a well-constructed claim and get the compensation you deserve for your losses.

To schedule a FREE consultation with a spinal cord injury attorney, you can connect with our 24/7 legal team by calling (213) 927-3700 or completing our easy online contact form.