Complete and Incomplete Spinal Cord Injuries
A spinal cord injury can either be complete or incomplete. Complete means that below the injury, you can feel nothing—information to and from the brain has been blocked. Incomplete means that the information superhighway to your brain is still somewhat functioning. You may be able to wiggle a toe or feel part of your leg.
The higher the injury occurs on your spine, the more serious the consequences can be. Injuries to the top four vertebrae, referred to as higher cervical injuries, can result in quadriplegia. Injuries to the next four vertebrae, referred to as lower cervical injuries, can result in paraplegia. Thoracic injuries and even lumbar injuries can also result in loss of the use of one’s legs, or paraplegia.
Possible Long-Term Effects of Spinal Cord Injuries
Recovery is more hopeful for those with incomplete injuries. There are mobility assistance devices, and medical science is constantly researching possible medications. Epidural stimulation, exercise rehabilitation, and electric stimulation are all being used to help those with incomplete spinal injuries achieve a more normal life.
Those with complete injuries will face long-term consequences. Home aid may be necessary. Wheelchairs and other devices will have to be procured, along with ramps and stair lifts in the residence.
Legal Options to Recover for Your Injuries
If you are injured because of someone else’s negligence or intentional act, that person can be held liable for the injuries and other losses you’ve suffered. Say you’re struck by another vehicle, and you end up with spinal cord injuries, the at-fault driver and their insurance can be the first resource for recovering for what happened to you. Likewise, if you slip and fall on a wet surface in a store, the owner/operator likely will have liability insurance.
In these two examples, both the driver and owner/operator had a “duty of care” toward you. In other words, they were legally obligated to prevent harm to others. If you take them to court for a personal injury lawsuit, you then have four elements to prove:
The other party had a duty of care toward you;
They breached that duty through negligence;
That breach caused you injury and loss; and
As a result, you are owed compensation for your injuries and losses.
It’s also possible that your spinal injury could be caused deliberately by someone else through violence. That person can also be held liable in a lawsuit. The same goes for injuries resulting from defective products such as seat belts or airbags that malfunction. The manufacturer or supplier could be sued under product liability laws.
What Compensation Is Available?
In a personal injury lawsuit, you can recover both economic and noneconomic damages, or compensation. Economic refers not only to the expenses associated with your medical treatment and ongoing rehabilitation, but also to lost wages and future earning capacity. Noneconomic damages include your pain and suffering, mental anguish, and—in wrongful death cases—loss of consortium (companionship).
Spinal Cord Injury Attorneys Serving Southern California
A spinal cord injury can be a tragic event with lifelong consequences. As such, the party responsible should be held accountable. If you or a loved one in Orange County has suffered a spinal cord injury, contact us immediately at the Law Offices of Steven Zwick. Our personal injury attorneys will pursue the insurance claim for you and negotiate for the best possible settlement. We will also pursue a personal injury lawsuit if that is the best route to full compensation.
