Suffered a Spinal Cord Injury? Our Firm Can Help
Spinal cord injuries (SCI), which can be caused by the negligence or recklessness of others, have a devastating and profound impact on the lives of those affected. Victims and their families frequently face not only the immediate physical toll, but also significant long-term personal and legal challenges. Understanding the medical and legal implications of spinal cord injuries is key to successfully pursuing justice and recovering fair compensation.
Our team of experienced spinal cord injury lawyers is ready to fight for you to recover the maximum compensation owed to you. We offer a sound, team-oriented approach when handling personal injury cases involving spinal cord injuries. Not only can our attorneys aggressively advocate for you in settlement or trial, but they can also guide you through the entire process with compassion and empathy.
Talk to a Los Angeles spinal cord injury lawyer today about your case or contact our firm to schedule a no-cost consultation.
(323) 653-6311
Schedule Your Free Spinal Cord Injury Case Evaluation
In this article:
- Introduction to Spinal Cord Injuries
- Types of Spinal Cord Injuries
- Symptoms and Diagnosis
- Long-Term Effects and Rehabilitation of Spinal Cord Injuries
- Financial Implications and Compensation in Spinal Cord Injury Cases
- Legal Process for Spinal Cord Injury Claims
- Choosing the Right Spinal Cord Injury Attorney
- Contact Mardirossian Akaragian LLP
Introduction to Spinal Cord Injuries
The term “spinal cord injury” (SCI) refers to damage sustained by any part of the spinal cord or to the nerves which exit the spinal cord. The spinal cord is the main conduit for signals that help control muscle movements, heart rate, pain sensation, and other bodily functions. Therefore, any damage to the spinal cord can severely disrupt essential communications between the brain and the rest of the body compromising a persons’s ability to move, feel, and manage internal body processes.
SCIs often results from traumatic events such as motor vehicle accidents, falls, sports injuries, and violent assaults. Non-traumatic conditions can also sometimes lead to spinal cord injury.
These injuries alter normal motor, sensory, or autonomic functions and can be either temporary or permanent, and either complete (where loss of function below the level of injury is total) or incomplete (where some bodily function remains).
The Basics of Spinal Cord Anatomy
The spinal cord is one of the most important structures of the central nervous system, extending from the brain stem at the base of the skull down the vertebral column, or spine, to the lumbar region. It plays a critical role in maintaining movement, sensation, and proper organ function.
Nerve roots—bundles of nerve fibers that branch off the spinal cord through the gaps between the vertebrae—are key components of this system. Responsible for sending signals to and from specific areas of the body, they are divided into sensory nerves, which carry sensory information from the body to the brain, and motor nerves, which carry movement commands from the brain to the body.
The spine itself can be divided into several regions, each with a specific number of vertebrae that support and protect the spinal cord:
- Cervical region — This section of the spine consists of 7 cervical vertebrae that support the head, neck, and all limb functions; its nerve roots control, among other things, the diaphragm, neck muscles, shoulder elevation, and arm and hand movements.
- Thoracic region — This section, consisting of 12 thoracic vertebrae, controls the upper body and abdominal muscles; its nerve roots control, among other things, the abdominal muscles, which are involved in trunk stability.
- Lumbar region — This section of the lower back contains 5 lumbar vertebrae and affects the hips and legs; the lumbar nerve roots are connected to the lower abdomen, buttocks, thighs, and legs, playing a key role in hip rotation, knee extension, and foot movement.
- Sacral region — This section consists of 5 fused sacral vertebrae and controls signals to the thighs, lower legs, feet, and pelvic organs; the sacral nerve roots control pelvic organ function and lower limb movement.
- Coccygeal region — This section, also known as the coccyx, consists of 4 fused coccygeal vertebrae at the base of the spine. The single coccygeal nerve root is involved in sensory perception around the coccyx.
The specific vertebrae involved and the nature of the injury are of critical importance for medical diagnosis and therapeutic planning and can help determine the extent of physical impairment and potential lifelong disability.
Common Causes of Spinal Cord Injuries
Spinal cord injuries can vary widely in mechanism and outcome and are generally divided into two primary categories: traumatic and non-traumatic.
Traumatic spinal cord injuries, which represent the majority of cases, are typically caused by a sudden, severe impact that compresses, fractures, or dislocates vertebrae. These injuries account for nearly 85% of all spinal cord injuries worldwide.
- Motor vehicle accidents — This is the leading cause of spinal cord injury, accounting for 37.5% of cases according to the National Spinal Cord Injury Statistical Center. Crashes involving cars, trucks, and motorcycles can force or fracture vertebrae, causing immediate and severe damage to the spinal cord.
- Falls — Especially common among older adults, falls from significant heights or even simple slips can cause fractures or dislocations in the spine, resulting in SCI. This category accounts for 31.7% of SCIs.
- Violent assaults — Incidents involving direct trauma to the spine, such as gunshot wounds or stabbings, can sever or compress the spinal cord, causing catastrophic and irreversible damage. These types of incidents cause 15.4% of SCIs.
- Sports and recreational activities — High-impact sports with significant risks of falls or collisions and water-related activities can cause abrupt impacts or unusual stretching of the spine and play a role in 8.0% of SCIs.
Non-traumatic spinal cord injuries are less common, but still account for more than 15% of all cases. They are primarily the result of internal body processes rather than external forces.
- Medical conditions — Diseases such as cancer that metastasizes to the spine, arthritis that causes degeneration of spinal structures, and osteoporosis that weakens vertebrae and makes them susceptible to fracture can all compress or damage the spinal cord.
- Infections — Conditions such as epidural abscesses can develop along the spine, putting pressure on the spinal cord and causing inflammation that can pinch or damage nerve fibers.
- Medical procedures — In some cases, spinal cord injuries result from complications during surgical procedures on or near the spine. Negligent care or surgical accidents can cause direct trauma to the spinal cord or aggravate existing conditions.
Types of Spinal Cord Injuries
Spinal cord injuries are complex and vary widely in terms of mechanism, location, severity, and clinical outcome, each of which has profound implications that demand careful consideration. SCIs are primarily categorized by their completeness and the specific region of the spine that is affected.
In this section:
- Complete vs. Incomplete Injuries
- Paralysis from Spinal Cord Injury
- Cervical Injuries
- Thoracic Injuries
- Lumbar Injuries
- Sacral Injuries
- Coccygeal Injuries
Complete vs. Incomplete Injuries
Depending on the degree of nerve signal disruption, spinal cord injuries can be classified as either complete or incomplete:
- Complete spinal cord injuries result in complete loss of sensory and motor function below the level of injury, leading to complete paralysis and loss of sensation in the affected areas.
- Incomplete spinal cord injuries allow some sensory or motor function to be retained below the level of injury, although the amount and type of function retained can vary widely.
Paralysis from Spinal Cord Injury
Paralysis is one of the most devastating consequences of a complete spinal cord injury. It can be divided into two main types:
- Quadriplegia (or tetraplegia) — Paralysis of all four limbs. This type of paralysis catastrophically changes a person’s lifestyle and requires extensive lifelong medical and personal care.
- Paraplegia — Paralysis that affects a person’s body from the waist down. Depending on the severity of the injury, a person may be able to maintain some very limited independence, but still requires significant lifelong medical and personal care.
Cervical Injuries
Cervical spinal cord injuries involve the C1–C7 vertebrae in the neck and can result in quadriplegia. These injuries often require complex medical care and extensive rehabilitation and they will have a dramatic impact on personal independence and lifestyle.
Thoracic Injuries
Thoracic spinal cord injuries involve the T1–T12 vertebrae in the upper and middle back. These injuries can result in paraplegia. They often demand long-term care and mobility devices to help with daily activities.
Lumbar Injuries
Injuries to the lumbar vertebrae (L1–L5) affect the lower back and can result in varying degrees of paraplegia, primarily affecting the hips and legs. These injuries may permit some mobility, with assistance, and require significant rehabilitation and adaptive technology.
Sacral Injuries
Sacral spinal cord injuries involving the S1–S5 vertebrae generally affect the hips, legs, and pelvic organs, but spare the upper body. The impact on mobility and organ function can vary, necessitating different levels of physical therapy and personal care strategies.
Coccygeal Injuries
Injuries to the coccygeal region, at the very base of the spine, tend to result in localized pain rather than paralysis. These injuries can cause extreme discomfort when sitting and performing tasks that put pressure on the lower spine.
Symptoms and Diagnosis
Recognizing and understanding the symptoms of spinal cord injuries and accurately diagnosing their specific nature, extent, and location can be critical to effective treatment.
In this section:
Recognizing Early Symptoms
Identifying the symptoms of a spinal cord injury can be critical to preventing further injury and ensuring a rapid medical response.
While the symptoms can vary greatly depending on the severity and location of the injury, they can include:
- Pain or pressure in the neck, head, or back.
- Weakness, loss of coordination, or paralysis.
- **Numbness or tingling**—a “pins and needles” sensation—in the hands, fingers, feet, or toes.
- Loss of bladder or bowel control, which may indicate damage to specific root nerves with disruption of the autonomic nervous system.
- Impaired balance and odd posture, including a twisted neck or back, which may be a sign of severe trauma.
Symptoms Often Overlooked or Delayed
Some symptoms may not be immediately apparent and may develop or worsen hours, days, or weeks after an injury. There are also a number of less obvious symptoms that are easily missed, but are equally important to recognize:
- Subtle changes in motor function or sensation, such as mild difficulties with hand coordination or balance, which may seem insignificant at first but may indicate a more serious underlying spinal injury.
- Delayed pain or sensory alterations, such as back pain or abdominal discomfort, may develop slowly and be mistaken for less serious issues.
These often overlooked symptoms require a level of vigilance and awareness that spinal cord injuries are not always immediately apparent or dramatic.
Diagnostic Procedures and Tests
Accurate diagnosis of SCI typically requires a combination of physical examination and advanced imaging studies to determine the nature, severity, and site of the injury:
- X-rays are used to assess spinal alignment and to check for fractures or dislocations.
- Computed tomography (CT) scans provide cross-sectional images of the spine, highlighting abnormalities and helping to pinpoint the location of possible injuries.
- Magnetic resonance imaging (MRI) scans are used to visualize the spinal cord and surrounding tissues and detect herniated discs, blood clots, and other pathologies not visible on x-rays.
- Myelograms are a type of x-ray taken of the spinal canal after injecting a contrast dye, which helps to clarify the structure of the spinal cord and nerve roots.
- Somatosensory evoked potentials (SSEP) and motor evoked potentials (MEP) tests measure electrical activity in the spinal cord, evaluating its ability to carry signals.
- Neurological testing evaluates muscle strength and response to sensory stimuli, providing a comprehensive view of neurological function and impairment.
Advanced imaging techniques such as diffusion tensor imaging (DTI) and magnetic resonance spectroscopy (MRS) may also be used in complex spinal cord injury cases to provide detailed insight into the integrity of neural pathways and metabolic changes.
Long-Term Effects and Rehabilitation of Spinal Cord Injuries
Spinal cord injuries produce a wide range of long-term effects and require ongoing rehabilitation. The complexity of such injuries means that daptation must necessarily involve a multidisciplinary approach that combines physical, emotional, and occupational components.
Long-Term Physical and Emotional Effects
The long-term physical effects of spinal cord injuries can vary widely depending on the severity and site of the injury, but commonly include:
- Paralysis (tetraplegia/quadriplegia and paraplegia), which affects mobility and daily functions.
- Loss of sensation, which can expose you to additional injuries.
- Respiratory complications that may require mechanical ventilation, especially with high cervical injuries.
- Pressure ulcers due to immobility, requiring extensive skin care and monitoring.
- Muscle spasms and chronic pain, which can significantly impact quality of life.
Emotionally, SCI survivors often experience profound changes in their lives, resulting in:
- Depression and anxiety, as adjustment to a new way of life takes a psychological toll.
- Social isolation, as changes in mobility and independence may limit social interactions and activities.
- Strain on personal relationships, affecting both the SCI survivor and his or her family.
These long-term effects underscore the need for comprehensive care plans that include not only physical rehabilitation, but also psychological support and counseling to address mental health challenges.
Rehabilitation Therapies and Strategies
Rehabilitation after sustaining a spinal cord injury is designed to address not only the physical challenges of the injury, but also the profound psychological impact and the resulting disruption to daily life. Tailored by an interdisciplinary team including physiatrists, therapists, and counselors, the rehabilitation plan may involve:
- Physical therapy — Focusing on strengthening muscle function, improving mobility, and reducing pain.
- Occupational therapy — Helping relearn everyday skills and adapting to new environment using modified techniques and tools.
- Vocational rehabilitation — Helping return to work or finding new employment that matches one’s own unique abilities.
- Educational and recreational therapy — fostering participation in social and educational activities to promote mental health and emotional well-being.
- Pain management — Addressing both chronic physical pain and the psychological aspects of pain management—critical to improving quality of life.
The scheduling of appointments, the need for transportation, the physical discomfort of therapy, and the emotional burden of ongoing medical interventions place a heavy burden not only on SCI survivors, but also on their families—a heavy burden that must be taken into account when preparing for your spinal cord injury claim.
Financial Implications and Compensation in Spinal Cord Injury Cases
Spinal cord injuries cause not only profound physical and emotional hardship, but also significant financial stress. For survivors of spinal cord injuries sustained due to the negligence or recklessness of others, understanding the forms of compensation available under California law—and the financial implications of such injuries—is a critical step towards the road to justice and financial relief.
Financial Recovery Options for Victims
Spinal cord injury victims face significant financial challenges that can affect all aspects of their lives. The costs associated with a SCI are often overwhelming, given the need for immediate and long-term medical care, potential loss of income, and necessary lifestyle adjustments.
The financial recovery options available through spinal cord injury claims are designed to mitigate the economic impact of such injuries and ensure that victims do not have to pay for these costs out of pocket.
Under California law, victims can seek compensatory damages to help cover
- Medical expenses — These include the cost of emergency services, hospitalization, surgeries, medications, medical devices, and long-term treatment.
- Lost wages and future earning capacity — This includes compensation for both wages lost due to immediate recovery and potential future earnings lost due to disability resulting from the injury.
- Property damage — If the injury resulted from an accident that caused property damage, victims may also be compensated for the cost of repairing or replacing their property.
Compensation may also include non-economic damages, such as
- Pain and suffering — Compensation for physical discomfort and mental anguish resulting from the injury.
- Loss of enjoyment of life — Compensation for the diminished ability to enjoy daily activities.
- Loss of consortium — Compensation for the impact of the injuries on the victim’s relationship with his or her spouse.
Other potential awards may include punitive damages, which are considered when the defendant’s conduct was particularly harmful or egregious. Punitive damages are intended to punish the person responsible for the injury and discourage similar behavior in the future.
Maximizing Compensation in Spinal Cord Injury Claims
In order to recover the maximum amount of compensation you deserve for your spinal cord injury, it is important to have a clear understanding of the California legal system:
- Comparative negligence — The state of California operates under a comparative negligence system, which allows for recovery of damages based on percentage of responsibility. This means that even if you are proven to be partially at fault for the accident that caused your injury, you may still be able to recover damages based on the percentage of fault of others.
- Statute of limitations — In California, victims generally have two years from the date of injury to file a spinal cord injury claim. For claims against government entities, this window is even smaller. It is therefore important to take immediate action.
- Insurance and workers’ compensation — While insurance may cover some immediate costs, it is often not enough to fully compensate for serious injuries. Similarly, if the injury occurred at work, you may be eligible for workers’ compensation benefits, which can provide some financial relief but typically does not cover non-economic damages.
Legal Process for Spinal Cord Injury Claims
Spinal cord injury litigation in California can be a complex and lengthy legal process. Understanding each step of this process is important to securing the compensation and support you deserve and ensuring that your rights are protected.
In this section:
- Steps to Filing a Claim in Los Angeles
- What to Expect in the Legal Process
- Protecting Your Rights as an Injury Victim
Steps to Filing a Claim in Los Angeles
Successfully filing a spinal cord injury claim in Los Angeles requires you to take a number of actions, beginning immediately after the injury:
- Document everything — Early medical evaluation after any potential spinal cord injury is important not only for obvious health reasons, but also because it can provide evidence of the injury and its severity.
- Hire an attorney — A skilled attorney will help you accurately assess the merits of your case, organize the necessary documentation, assemble a team of experts, and help you bring a case.
- File the complaint — This legal document officially begins the litigation process.
During the discovery process that follows, both parties will exchange information, including medical records, photographs, and other relevant documents. Various motions may also be filed to challenge or dismiss parts of the case. The parties may also engage in settlement negotiations, in an attempt to reach an agreement to resolve the matter without going to trial.
What to Expect in the Legal Process
Once the lawsuit is underway, the case may also go through a number of additional stages, including:
- Final status conferences — These court appearances are used to plan the trial, discuss motions, and explore settlement options.
- Trial — If a settlement is not reached and the case goes to trial, you and your attorney present evidence and arguments to a judge or jury in an attempt to prove that the defendant’s conduct caused or contributed to your spinal cord injury.
- Verdict — The judge or jury will make a decision about liability and any damages you may be entitled to.
Protecting Your Rights as an Injury Victim
To ensure that your rights are fully protected throughout the legal process, it is important to familiarize yourself with California’s specific laws regarding spinal cord injuries, including those pertaining to negligence, damages, and compensation.
Given the complexity of spinal cord injury cases, having an attorney who understands the nuances of catastrophic personal injury on your side is an invaluable asset.
Choosing the Right Spinal Cord Injury Attorney
Choosing the right attorney can be key when dealing with the aftermath of a spinal cord injury. The complexity of these cases requires a legal representative who is not only well-versed in California personal injury law, but also deeply understands the unique challenges associated with spinal cord injuries.
The Importance of Proper Representation
The right spinal cord injury attorney brings more than just legal expertise to the table. He or she can provide a strategic approach to handling your case, with a thorough understanding of both the medical and legal nuances that characterize spinal cord injury claims. Your attorney can offer you:
- Deep legal and medical insight — Attorneys who are versed in spinal cord injury cases can have a wealth of knowledge about the medical aspects of your injury, which can be help the attorney explain the impact on your life.
- Guidance through complex legal processes — From filing the lawsuit to handling complex negotiations or court proceedings, an experienced attorney will help you navigate these challenges, which allows you to focus on recovery.
Contact Mardirossian Akaragian LLP
Our firm takes a proven, team-oriented approach to handling catastrophic injury cases involving spinal cord injuries. Not only can our attorneys aggressively advocate for you in a settlement or trial, but they can also guide you through the entire process with compassion and empathy. We understand the difficult situation you are in, and our goal is to help you recover the compensation you deserve.
With more than 40 years of combined experience, our Los Angeles spinal cord injury lawyers combine exceptional talent, abundant resources, tireless dedication, and years of experience to give you the best chance of success in obtaining maximum compensation. Led by award-winning attorneys we are prepared to provide you with the aggressive representation and personalized legal guidance you need.
Talk to a Los Angeles spinal cord injury lawyer about your case or contact our firm to schedule a no-cost consultation.
(323) 653-6311
Schedule Your Free Spinal Cord Injury Case Evaluation
Banner image from Unsplash
ARTICLE BY
ARMEN AKARAGIAN
Admitted to practice in 2006, Armen has arbitrated, tried, and settled several cases which have resulted in multi-million dollar verdicts and settlements.
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- Spinal Cord Injuries & Related Legal Claims – Justia
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- 7 Reasons To Hire a Personal Injury Attorney – Super Lawyers