The consequences of a spinal cord injury can be profound and permanent. Car accidents, falls, or impact from another person’s negligence are often the culprit, leaving damage that can reshape every aspect of the victim’s life.
An expert in personal injury law can help you determine your options for legal recourse after a spinal injury, including compensation for the loss of function, pain and suffering that will continue for the rest of your life. Understanding the medical and legal implications of such an injury is the first step in protecting your rights.
Spinal Cord: Medical and Legal Definitions
The spinal cord is a thick bundle of nerves that runs from the base of the skull down the spine, protected by the vertebrae. It carries sensory (feeling) and motor (muscle control) impulses to and from the brain, controlling movement and responses to stimuli like heat, cold, and pain. If the spinal cord is damaged, the consequences can cascade through every bodily system.
Complete vs. Incomplete Injuries
When the bones around the spinal cord are damaged through trauma, it can cause the bundle of critically important nerves to be bruised, stretched, or crushed. In the worst cases, the spinal cord may be severed. Auto accidents, falls, shallow diving, assaults, and sports injuries are some of the common causes of spinal cord injuries. Classifying the severity of the injury is done according to the American Spinal Injury Association’s Impairment Scale. These injuries are categorized in the following ways:
Complete injury: Severe damage that results in no further nerve communication below the injury site, resulting in a total loss of muscle control, function, and feeling.
Incomplete injury: A traumatic injury that results in reduced ability of the spinal cord to communicate impulses with muscles and nerves.
How the Injury Location Impacts Body Function
Injuries to different parts of the spine are likely to impact specific body functions. Neck injuries often cause weakness or paralysis in arms and legs. Torso injuries may cause paralysis or leg weakness along with the loss of physical sensation and issues with bowel, bladder, and sexual functions. Lumbar (lower back) damage often results in leg paralysis or weakness as well.
Spinal Injury Legal Definition and Framework
Personal injury law does not specifically define a spinal injury. Courts rely on medical diagnoses and documented functional results. In court, both the diagnosis and impact on the plaintiff’s life and functioning are important.
Most spinal cord injury lawsuits are based on negligence. The victim’s attorney must prove four elements:
- Duty of care: the legal or ethical responsibility owed by the defendant to the plaintiff
- Breach of duty: an act or omission that breached the duty of care
- Causation: proof that the breach directly caused the injury
- Damages: specific losses suffered as a result
Defective products may also cause spinal cord injuries. Product-based claims are liability lawsuits, which do not require proving negligence; showing the jury that the injury was caused by the product is enough.
Potential Damages
The amount of compensation sought in a personal injury lawsuit is directly related to the completeness of the spinal cord injury suffered. Damages can include medical expenses, diminished quality of life, loss of income, and pain and suffering. These claims are compounded when permanent life-altering disability and the need for continuing care are present. A spouse may bring a separate claim (called loss of consortium) for loss of companionship, support, and intimacy.
Finding a Qualified Attorney With Specific Expertise
Attorneys with specific experience in personal injury law are best qualified to navigate the intricate liability issues, medical terminology, and legal concepts involved in a spinal injury lawsuit. A litigation expert from Samuel Martin Law can guide you through the process of a comprehensive investigation, medical record analysis, and consultations with experts to build a convincing case. Call for a consultation now to learn about the statute of limitations and to protect your rights.