Around 300,000 people in the U.S. are currently living with a traumatic spinal cord injury. These injuries are unique because of the severe physical impairment and significant financial consequences victims face. When a spinal cord injury is caused by someone else’s negligence, victims have a right to pursue compensation.
The Alameda spinal cord injury attorneys at Berg Injury Lawyers have decades of experience fighting for the rights of injured people in Northern California. Let us put that experience to work for you.
You might be worried about hiring an attorney because of the potential cost, but at Berg Injury Lawyers, if you don’t win, you pay nothing. There’s also no cost or obligation to hire simply to speak to one of our Alameda injury lawyers. We call that our No Fee Guarantee®.
Contact us today for a free consultation.
Understanding Spinal Cord Injuries
Spinal cord injuries (SCIs) are among the most severe forms of physical trauma, with potentially life-altering consequences. The spinal cord is a crucial component of the central nervous system, serving as the primary pathway for transmitting signals between the brain and the rest of the body. An injury to the spinal cord can disrupt this communication, leading to a range of impairments in motor function, sensation, and autonomic regulation, depending on the severity and location of the injury.
Types of Spinal Cord Injuries
Complete vs. Incomplete Injuries
- Complete Injuries: A complete spinal cord injury occurs when there is a total loss of sensory and motor function below the level of the injury. This means that the affected area is entirely disconnected from the brain, leading to paralysis and loss of sensation in all parts of the body below the injury site. Complete injuries are usually irreversible.
- Incomplete Injuries: In contrast, an incomplete spinal cord injury refers to partial damage to the spinal cord, meaning that some sensory or motor function remains below the level of the injury. The extent of functionality varies widely among individuals, and the prognosis can be more favorable compared to complete injuries. Rehabilitation efforts may lead to significant improvements in mobility and sensation.
Common Spinal Cord Injuries
- Paraplegia: This type of injury results in the loss of movement and sensation in the lower half of the body, typically affecting the legs, hips, and part of the trunk. Paraplegia occurs when the injury is located in the thoracic, lumbar, or sacral regions of the spinal cord.
- Quadriplegia (Tetraplegia): Quadriplegia involves paralysis of all four limbs and the torso, usually caused by an injury to the cervical (neck) region of the spinal cord. Individuals with quadriplegia often require assistance with most daily activities, including breathing, if the injury is severe enough to affect the muscles that control respiration.
Common Causes of Spinal Cord Injuries
Motor Vehicle Accidents
Motor vehicle accidents are the leading cause of spinal cord injuries, accounting for nearly half of all cases. High-impact collisions can cause direct trauma to the spine, resulting in fractures, dislocations, or compression of the spinal cord.
Slip-and-Fall Accidents
Falls, particularly among older adults, are a significant cause of spinal cord injuries. These accidents often occur from heights, such as falling off a ladder, or due to slipping on wet or uneven surfaces. The impact from the fall can lead to vertebral fractures and spinal cord damage.
Acts of Violence
Violent acts, including gunshot wounds and stabbings, can cause severe spinal cord injuries. The trauma from such incidents can directly damage the spinal cord or cause secondary injury due to swelling, hemorrhage, or infection.
Immediate Steps to Take After a Spinal Cord Injury
A spinal cord injury is a medical emergency that requires immediate action to minimize the long-term impact on the individual’s health and quality of life. The steps taken immediately after the injury can significantly influence recovery outcomes and the ability to pursue legal compensation for the injury.
Seek Immediate Medical Attention
- Importance of Early Diagnosis and Treatment: The first and most critical step after a spinal cord injury is to seek urgent medical attention. Time is of the essence, as early diagnosis and intervention can prevent further damage to the spinal cord. Emergency medical personnel should be called immediately to stabilize the injured person and transport them to a specialized trauma center. The sooner the injury is diagnosed through imaging tests such as MRIs or CT scans, the better the chances of reducing complications and preserving as much function as possible.
Documenting the Injury
- Gathering Evidence (Medical Records, Accident Reports): Proper documentation of the injury is crucial for both medical and legal reasons. Begin by ensuring that all medical records related to the injury are thoroughly documented and preserved. This includes emergency room reports, surgical notes, and any diagnostic imaging results. Additionally, it’s essential to obtain official accident reports if the injury occurred due to a motor vehicle accident, fall, or other incident. These documents will serve as foundational evidence if legal action is pursued.
- Importance of Photographs and Witness Statements: Photographs of the accident scene, injuries, and any contributing factors (e.g., unsafe conditions, defective equipment) can be vital pieces of evidence. If possible, take these photos as soon as it is safe to do so. Equally important are witness statements; obtaining contact information and detailed accounts from anyone who witnessed the incident can help establish the circumstances leading to the injury. These statements should be collected as early as possible, while memories are still fresh.
Contacting a Spinal Cord Injury Lawyer
- Why Early Legal Intervention is Critical: Consulting with a spinal cord injury lawyer as soon as possible is crucial for protecting your rights and ensuring you receive the compensation you deserve. Early legal intervention allows a lawyer to gather evidence promptly, communicate with insurance companies, and advise on the best course of action. Delaying legal consultation could lead to lost evidence or missing critical deadlines for filing claims, which could jeopardize your case.
- How a Lawyer Can Help Protect Your Rights: A spinal cord injury lawyer specializes in cases involving catastrophic injuries and understands the complexities of such cases. They can help you navigate the legal system, deal with insurance companies, and ensure that you are compensated for medical expenses, lost wages, pain and suffering, and any necessary long-term care. Additionally, they can represent you in court if a fair settlement cannot be reached, advocating for your best interests every step of the way.
The Physical and Emotional Impact of Spinal Cord Injuries
Spinal cord injuries are life-altering events that affect not only the body but also the mind. Understanding the profound physical and emotional challenges faced by individuals with SCIs is crucial for providing comprehensive care and support.
Physical Challenges and Complications
- Long-Term Medical Issues (Chronic Pain, Mobility Issues): Spinal cord injuries often lead to a range of long-term physical complications that require ongoing management. Chronic pain is a common issue, resulting from nerve damage or the development of secondary conditions such as pressure sores, muscle spasms, or joint pain due to altered mobility.
Mobility challenges are another significant aspect, with many individuals experiencing partial or complete paralysis. These mobility issues necessitate lifelong medical care, including physical therapy, pain management, and regular monitoring for secondary health problems like infections, cardiovascular issues, and respiratory complications.
- Use of Assistive Devices and Home Modifications: To enhance independence and quality of life, many individuals with spinal cord injuries rely on assistive devices such as wheelchairs, walkers, or specialized vehicles. Additionally, home modifications often become necessary to accommodate new physical limitations.
These modifications may include installing ramps, widening doorways, lowering countertops, and adapting bathrooms to be wheelchair accessible. These changes are essential for enabling individuals to maintain a level of independence and participate more fully in daily activities.
Emotional and Psychological Impact
- Coping With the Emotional Aftermath (Depression, Anxiety): The emotional impact of a spinal cord injury can be just as challenging as the physical effects. Many individuals experience a profound sense of loss, grief, and frustration as they come to terms with the changes in their bodies and lives.
Depression and anxiety are common psychological responses, often exacerbated by feelings of isolation, loss of independence, and concerns about the future. The emotional toll can be overwhelming, requiring significant time and support to navigate.
- Importance of Psychological Support and Counseling: Psychological support is a critical component of recovery for individuals with spinal cord injuries. Access to counseling and mental health services can make a significant difference in helping individuals process their emotions, develop coping strategies, and rebuild a sense of purpose and self-worth.
Support groups, where individuals can connect with others who share similar experiences, also play an essential role in emotional healing. Engaging with a psychologist or counselor who specializes in trauma or disability can provide tailored support that addresses the unique challenges faced by those with SCIs.
Compensation for Spinal Cord Injury Victims
Medical Expenses
- Surgeries, Rehabilitation, and Long-Term Care: Compensation should cover emergency surgeries, hospital stays, rehabilitation, and ongoing medical care required due to the injury.
- Assistive Devices and Home Modifications: Costs for wheelchairs, prosthetics, and necessary home adaptations like ramps and wider doorways should be covered.
Lost Wages and Loss of Earning Capacity
- Missed Work and Loss of Future Income: This is compensation for the wages lost during recovery and—if the injury impacts the victim’s ability to work—lost future earning potential.
- Career Impact and Retraining Costs: Compensation should also cover costs for retraining or education if a career change is necessary due to the injury.
Pain and Suffering
- Physical Pain and Emotional Distress: These are non-economic damages for the physical and emotional challenges resulting from the injury.
Loss of Quality of Life
- Reduced Life Enjoyment and Independence: Compensation can be sought for the victim’s diminished ability to enjoy life and loss of independence.
Potential for Punitive Damages
- Gross Negligence or Intentional Harm: In rare instances, additional damages may be awarded in cases of reckless or malicious conduct leading to the injury.
How Our Alameda Spinal Cord Injury Lawyers Can Help
Building a Strong Case
- Evidence Gathering: We can collect and preserve crucial evidence like medical records, accident reports, and witness statements that support your claim.
- Medical Experts and Life Care Planners: We collaborate with specialists to assess the injury’s long-term impact and your future needs.
Negotiating With Insurance Companies
- Fair Settlement Strategies: We’ll use our skill and experience to negotiate the best possible compensation from insurers.
- Litigation Preparation: We’re always ready to take your case to court if a fair settlement can’t be reached.
Supporting Clients Throughout the Process
- Compassionate Guidance: We offer emotional support and clear communication throughout the legal journey.
- Rights and Options: We always ensure clients fully understand their legal rights and available options at every step.
Contact Our Alameda Spinal Cord Injury Lawyers Today
Hiring an experienced injury attorney is one of the best ways to maximize your chances for success in the injury claims process after a serious spinal cord injury. Berg Injury Lawyers has decades of experience getting people in Alameda the compensation they deserve, and we can help you too.
Contact our Alameda spinal cord injury lawyers today for a free consultation.
