Spinal cord injuries can have a profound and lasting impact on an individual’s quality of life. If you have sustained a spinal cord injury and believe it was the result of someone else’s negligence or wrongdoing, you may be able to file a claim for compensation.
It is important to consult with an experienced personal injury attorney to assess your case and determine the best course of action for seeking compensation. Attorney Hawk can help you seek justice by connecting you with a vetted spinal cord injury attorney in your State including California, Texas and Florida.
This article will provide an overview of the process for suing for spinal cord injury compensation in the USA, including information on the most common causes and types of spinal cord injuries, how to claim workers compensation for spinal cord injuries, and the process for calculating and pursuing a spinal cord injury claim.
What are the main types of spinal cord injuries?
The main types of spinal cord injuries include:
- Complete spinal cord injury: A complete spinal cord injury is the most severe type of spinal cord injury, in which there is a total loss of function and sensation below the point of the injury.
- Incomplete spinal cord injury: An incomplete spinal cord injury is a less severe type of spinal cord injury, in which there is some remaining function and sensation below the point of the injury.
- Anterior cord syndrome: Anterior cord syndrome is a type of spinal cord injury in which there is damage to the front of the spinal cord, resulting in loss of sensation and movement in the arms and legs.
- Central cord syndrome: Central cord syndrome is a type of spinal cord injury in which there is damage to the center of the spinal cord, resulting in loss of sensation and movement in the arms and legs, as well as difficulty with fine motor skills and hand movement.
- Posterior cord syndrome: Posterior cord syndrome is a type of spinal cord injury in which there is damage to the back of the spinal cord, resulting in loss of sensation and movement in the legs and feet.
- Brown-Sequard syndrome: Brown-Sequard syndrome is a type of spinal cord injury in which there is damage to one side of the spinal cord, resulting in loss of sensation and movement on one side of the body, as well as weakness and loss of reflexes on the other side of the body.
- Spinal cord concussion: A spinal cord concussion is a type of mild spinal cord injury in which there is temporary loss of function and sensation, but no structural damage to the spinal cord.
- Spinal cord contusion: A spinal cord contusion is a type of mild to moderate spinal cord injury in which there is bruising or swelling of the spinal cord, resulting in temporary loss of function and sensation.
- Spinal cord hematoma: A spinal cord hematoma is a type of spinal cord injury in which there is bleeding in the spinal cord, resulting in loss of function and sensation.
- Spinal cord transection: A spinal cord transection is a type of severe spinal cord injury in which there is a complete severing of the spinal cord, resulting in a total loss of function and sensation below the point of the injury.
What are the main causes of spinal cord injuries?
Major causes of spinal cord injuries include:
- Motor vehicle accidents: Motor vehicle accidents, such as car, truck, or motorcycle accidents, are the leading cause of spinal cord injuries.
- Falls: Falls, such as falling from a ladder or a roof, are the second leading cause of spinal cord injuries.
- Violence: Violence, such as being shot or stabbed, is another leading cause of spinal cord injuries.
- Sports and recreational activities: Sports and recreational activities, such as diving or skiing, are a common cause of spinal cord injuries.
- Medical conditions: Medical conditions, such as cancer or arthritis, can also cause spinal cord injuries.
- Infections: Infections, such as meningitis, can also cause spinal cord injuries.
- Accidental injury: Accidental injuries, such as falling down stairs or tripping over an object, can also cause spinal cord injuries.
Spinal Cord Injuries at Work
According to the Occupational Safety and Health Administration (OSHA), the most common workplace injuries involving the spinal cord are fractures and herniated discs. These types of injuries can occur due to slipping, tripping, or falling, or due to lifting or carrying heavy objects.
The industries with the highest rates of spinal cord injuries at work include construction, manufacturing, and healthcare.
Claiming Workers Compensation for Spinal Cord Injuries
If you have sustained a spinal cord injury while on the job, you may be eligible to receive workers compensation benefits. Workers compensation is a form of insurance that provides financial assistance to employees who are injured on the job or develop a work-related illness. In most cases, workers compensation covers medical expenses, lost wages, and other related costs.
To claim workers compensation for a spinal cord injury, you will need to report the injury to your employer as soon as possible. Your employer is required to report the injury to the workers compensation insurance carrier, which will then investigate the claim. If your claim is approved, you will receive benefits to cover your medical expenses and lost wages.
If you are unable to work due to your spinal cord injury, you may also be eligible for temporary disability benefits. These benefits are designed to cover a portion of your lost wages while you are unable to work.
Occupations Most at Risk of Spinal Cord Injuries
Certain occupations are more prone to spinal cord injuries due to the nature of the work or the types of tasks involved.
Some professions that are most at risk of spinal cord injuries include:
- Construction workers: Construction workers are at high risk of spinal cord injuries due to the heavy lifting, working at heights, and exposure to hazardous machinery and materials.
- Truck drivers: Truck drivers are also at high risk of spinal cord injuries due to the long hours of sitting, heavy lifting, and exposure to vehicle accidents.
- Factory workers: Factory workers are at high risk of spinal cord injuries due to the repetitive motion, heavy lifting, and exposure to hazardous machinery.
- Healthcare workers: Healthcare workers are at high risk of spinal cord injuries due to the heavy lifting and moving of patients, as well as the exposure to violence and accidents.
- Warehouse workers: Warehouse workers are at high risk of spinal cord injuries due to the heavy lifting, repetitive motion, and exposure to hazardous machinery.
- Security guards: Security guards are at high risk of spinal cord injuries due to the long hours of standing, heavy lifting, and exposure to violence.
- Athletes: Athletes, particularly contact sports players, are at high risk of spinal cord injuries due to the physical nature of their sport.
- Firefighters: Firefighters are at high risk of spinal cord injuries due to the heavy lifting, working at heights, and exposure to hazardous materials and environments.
- Police officers: Police officers are at high risk of spinal cord injuries due to the physical nature of their work, including heavy lifting, working at heights, and exposure to violence.
- Military personnel: Military personnel are at high risk of spinal cord injuries due to the physical nature of their work, including heavy lifting, working at heights, and exposure to violence and accidents.
Spinal Cord Injury Claims from Car and Road Accidents
Road users who are most at risk of spinal cord injuries in the USA include drivers, passengers, pedestrians, and bicyclists. According to data from the National Highway Traffic Safety Administration (NHTSA), motor vehicle accidents are a leading cause of spinal cord injuries in the United States.
Drivers are at risk of spinal cord injuries in car accidents, particularly if they are involved in a rollover or head-on collision. Passengers may also be at risk of spinal cord injuries in car accidents.
Pedestrians are at risk of spinal cord injuries if they are struck by a motor vehicle, particularly if they are hit by a larger vehicle such as a truck or bus. Bicyclists may also be at risk of spinal cord injuries if they are struck by a motor vehicle or if they are involved in a bike crash.
If you have sustained a spinal cord injury in a car or road accident, you may be able to file a claim for compensation. This includes accidents involving cars, trucks, motorcycles, and bicycles. In order to file a claim, you will need to show that the accident was caused by someone else’s negligence or wrongdoing.
If the accident was caused by another driver, you may be able to file a claim with their insurance company. If the driver was uninsured or underinsured, you may be able to file a claim with your own insurance company if you have uninsured/underinsured motorist coverage.
If you were injured in a pedestrian or bicycle accident, you may be able to file a claim with the driver’s insurance company or your own insurance company if you have personal injury protection coverage.
How Spinal Cord Injury Claims are Calculated
The amount of compensation you may be able to receive for a spinal cord injury will depend on several factors, including the severity of your injury, the impact the injury has had on your quality of life, and the amount of medical expenses you have incurred.
In some cases, you may be able to receive compensation for:
- Medical expenses: This includes the cost of medical treatment, including surgeries, prescription medications, and rehabilitation.
- Lost wages: If you were unable to work due to your injury, you may be able to receive compensation for the wages you lost during your recovery.
- Pain and suffering: You may be able to receive compensation for the physical pain and emotional suffering you experienced as a result of your injury.
- Future medical expenses: If you are expected to incur additional medical expenses as a result of your injury, you may be able to receive compensation to cover these costs.
- Loss of future earning capacity: If your spinal cord injury has resulted in a permanent disability and you are unable to return to your previous job or pursue the same career, you may be able to receive compensation for your loss of future earning capacity.
Spinal Cord Injury Claim Time Limits
In most states, you have a certain amount of time to file a claim for compensation after you have sustained a spinal cord injury. This time limit is known as the statute of limitations. The statute of limitations for personal injury claims varies by state, so it is important to check the laws in your state.
- In California, the statute of limitations for personal injury claims is two years from the date of the injury.
- In Texas, the statute of limitations is two years from the date of the injury or, in some cases, the date that the injury was discovered.
- In Florida, the statute of limitations is four years from the date of the injury.
Other Commonly Asked Questions About Spinal Cord Injury Compensation
Here are some answers to other commonly asked questions about spinal cord injury compensation:
- Can I file a claim if I was partially at fault for my injury?
In some states, you may still be able to file a claim for compensation even if you were partially at fault for your injury. This is known as a “comparative negligence” rule, which means that the amount of compensation you are awarded may be reduced based on your level of responsibility for the injury.
- Can I file a claim if I was injured on someone else’s property?
If you were injured on someone else’s property due to their negligence or failure to maintain the property in a safe condition, you may be able to file a claim for compensation. This is known as a premises liability claim.
- Can I file a claim if I was injured in a slip and fall accident?
Slip and fall accidents can result in serious spinal cord injuries. If you were injured in a slip and fall accident due to someone else’s negligence, you may be able to file a claim for compensation.
Further Spinal Cord Injury FAQ’s
- What is a spinal cord injury?
A spinal cord injury is damage to the spinal cord, the bundle of nerves that runs from the brain down the back and carries signals to and from the rest of the body. This damage can result in a loss of sensation and movement in the areas of the body controlled by the affected nerves.
- What causes a spinal cord injury?
There are several common causes of spinal cord injuries, including car accidents, falls, sports injuries, and violence. In some cases, a spinal cord injury may be the result of a congenital condition or a medical condition such as cancer or inflammation.
- What are the symptoms of a spinal cord injury?
Symptoms of a spinal cord injury can vary depending on the location and severity of the injury. Common symptoms include loss of sensation or movement, weakness or paralysis, and difficulty with balance and coordination. Other symptoms may include pain, difficulty with bowel or bladder control, and respiratory problems.
- How is a spinal cord injury diagnosed?
Spinal cord injuries are typically diagnosed through a combination of medical history, physical examination, and imaging tests such as x-rays, CT scans, or MRI scans.
- Can a spinal cord injury be treated?
There is no cure for a spinal cord injury, but treatment can help to manage the symptoms and improve quality of life. Treatment may include medications, physical therapy, surgery, and assistive devices such as wheelchairs or braces.
- What is the prognosis for someone with a spinal cord injury?
The prognosis for someone with a spinal cord injury depends on the location and severity of the injury. In some cases, the individual may recover some or all of their lost function with treatment. In other cases, the individual may have permanent paralysis or other disabilities.
Seek justice for a spinal cord injury
In conclusion, if you have sustained a spinal cord injury and believe it was the result of someone else’s negligence or wrongdoing, you may be able to file a claim for compensation. Attorney Hawk can help match you with a pre-vetted spinal cord injury attorney to help you seek justice and get compensation for your injuries.