Spinal Cord Injuries: Causes, Treatments and Legal Options
Spinal cord injuries are one of the most devastating conditions anyone can face. These injuries often leave victims with long-term or permanent disabilities that significantly impact their quality of life, mental well-being, and ability to earn a living.
At the Law Offices of Steven Zwick, we are experienced in handling personal injury cases, including spinal cord injuries. Understanding the causes, available treatments, and legal options available to spinal cord injury victims in California is essential to make sure patients have access to the care and compensation they need.
Common Causes of Spinal Cord Injuries in California
Spinal cord injuries (SCIs) occur when the spinal cord is damaged, disrupting communication between the brain and other parts of the body. This injury can result in a wide range of symptoms, including paralysis, loss of sensation, muscle weakness, and chronic pain.
Spinal cord injuries can stem from various traumatic events, many of which occur unexpectedly. Some of the most common causes of spinal cord injuries include:
Auto Accidents
Motor vehicle accidents are the leading cause of spinal cord injuries in the United States, accounting for nearly 38% of all cases. California’s heavily trafficked highways, such as the I-5 and I-405, see thousands of accidents every year.
Sudden impacts from rear-end collisions, side collisions, or head-on crashes can cause severe damage to the spinal cord, especially if seat belt use or airbag deployment is compromised.
Slip and Fall Accidents
Falls are particularly common among elderly individuals but can happen to anyone. Slips on wet floors, stairs without proper railings, or uneven surfaces in areas like retail stores or construction sites often result in back trauma that extends to the spinal cord.
Sports Injuries
While California is home to a thriving outdoor sports culture, activities like surfing, mountain biking, and football carry an inherent risk of injury. High-impact sports or accidents in extreme sports like snowboarding can cause spinal compression or fractures.
Acts of Violence
Gunshot wounds, stabbings, or other violent acts resulting in spinal cord trauma are another significant cause of SCIs. Victims of assault or robbery may suffer devastating injuries, which not only lead to physical challenges but also require working through complicated legal systems to pursue justice.
Workplace Accidents
Construction workers and laborers in industries such as logistics (including warehouses and shipping facilities) often face high risks of falls from elevated surfaces or being struck by falling objects. California’s strict Occupational Safety and Health Administration (OSHA) standards aim to reduce workplace hazards, but accidents can still happen that can lead to spinal cord injuries.
Treatments and Medical Options for Spinal Cord Injuries
Unlike more minor injuries like broken bones or cuts and bruises, spinal cord injuries require immediate medical attention and long-term therapeutic interventions, which are often expensive. Recovery and treatment depend largely on the severity, location, and nature of the injury.
Immediate Medical Treatment
Immediately following a spinal cord injury, the top priority is stabilizing the patient before any other treatment can be done. Immediate emergency care may include any of the following:
Immobilization: Paramedics often use neck braces or backboards to prevent any further damage during transport.
Surgical intervention: Surgery may be necessary to remove bone fragments, herniated discs, or other interference with the spinal cord. Surgeons may also stabilize the spine using rods or plates.
Medication: Administering medications like corticosteroids can help reduce inflammation and minimize secondary damage.
Prompt and effective emergency care is vital in minimizing the long-term impacts of spinal injuries. By employing techniques like immobilization, surgical intervention, or medication, healthcare professionals can significantly enhance the chances of recovery and improve patient outcomes.
Long-Term Medical Care
After the initial treatment has been given and the patient has been stabilized, victims of spinal cord injuries will likely endure long-term rehabilitative care. This care can involve an array of therapeutic and rehabilitative efforts, including but not limited to the following:
Physical therapy: Rehabilitation programs help patients improve their strength, mobility, and adaptability. For instance, patients may learn to use assistive devices such as wheelchairs or walkers.
Occupational therapy: This therapy helps victims adjust to everyday challenges like cooking, dressing, or working.
Mental health support: The emotional toll of spinal cord injuries should not be overlooked. Psychological counseling or support groups can play a critical role in helping patients cope.
Rehabilitation after a spinal cord injury is a multifaceted process that addresses emotional, physical, and practical challenges. With the right support and resources, patients can regain independence and improve their quality of life.
Legal Options for Spinal Cord Injury Victims in California
If you or someone you know has suffered a spinal cord injury, you have a legal right to file a compensation claim. Since both immediate and long-term treatment is costly and spinal cord injuries frequently lead to diminished income, pursuing appropriate financial compensation is essential for your long-term well-being. Some of the legal options you have include the following:
File a Personal Injury Lawsuit
When a spinal cord injury results from another party’s negligence, you are eligible to file a personal injury lawsuit to help recover damages from the injuries you sustained. To succeed in such a lawsuit, you must demonstrate that:
The defendant owed a duty of care
The defendant breached that duty through negligent or reckless actions
Their injury was caused by this breach
For example, if a driver ran a red light and caused a car accident, leading to your injury, this would be considered a breach of duty. Under California law, injured parties may recover damages even if they are partially at fault due to the state’s comparative negligence rule.
Workers’ Compensation Claims
If you suffered a spinal cord injury at your place of work, you can file for workers’ compensation benefits under California law. These benefits generally cover medical expenses, temporary or permanent disability, and lost wages during your recovery.
However, workers’ compensation may not fully account for non-economic damages like pain and suffering. Victims of workplace injuries should also consider pursuing a third-party claim if another party, such as an equipment manufacturer, was partially responsible.
Premises Liability Claims
Under California’s premises liability laws, property owners have a duty to maintain safe environments for visitors. If a spinal cord injury occurs due to unsafe hazards on-premises, such as wet floors or broken stairs, the owner or occupier can be held liable for damages.
Product Liability Lawsuits
If a spinal cord injury results from defective equipment, machinery, or motor vehicles, you may have grounds to file a product liability lawsuit against the manufacturer, distributor, or retailer. California’s strict liability laws make it easier for injured parties to prove fault in product defect cases since you don't need to establish negligence; only that the product was defective and caused the injury.
Statute of Limitations in California
It’s essential to act quickly if you decide to pursue legal action for a spinal cord injury. Under California law, the statute of limitations for personal injury lawsuits is typically two years from the date of injury. For medical malpractice cases, victims have three years from the time of injury or one year from discovering it, whichever is sooner. Missing these deadlines can bar your ability to seek compensation altogether.
Contact an Experienced Attorney Today
If you or a loved one has suffered a spinal cord injury due to another party's negligence, it's important to understand your avenues for obtaining the care and pursuing compensation. However, consulting with a skilled spinal cord injury attorney is often the best way to build a case and maximize your chances of success.
At the Law Offices of Steven Zwick, we have years of experience handling personal injury cases, including spinal cord injuries. Our attorneys are ready to advocate on your behalf while you focus on what matters most: your recovery.
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