Spinal Cord Injury Lawyers

A spinal cord injury can occur at any point along the spinal cord, often resulting in significant disability and lifelong complications. The most serious spinal cord injuries may result in complete paralysis below the site of injury, a condition known as quadriplegia (paralysis of all four limbs) or paraplegia (paralysis of the lower body) These injuries are often caused by a variety of incidents including trauma from a truck accident, work injury like a fall or medical malpractice including surgical complications.

If you’ve suffered a spinal cord injury as a result of someone else’s negligence, you shouldn’t wait to consult with a dedicated spinal cord injury lawyer. At Miller Weisbrod Olesky, we understand the profound impact a spinal cord injury can have on your life and the lives of your loved ones. We have a long history of successful results in cases involving spinal cord injury including paraplegia and quadriplegia.

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We are committed to working tirelessly to investigate the circumstances surrounding your injury, preparing a winning case and providing a medical care plan to cover all of your future medical needs. Our goal is to hold all responsible parties accountable for their actions and ensure you have the necessary resources to move forward and focus on healing.

Following a motor vehicle accident, a hospital ER failed to properly diagnose our client with a spinal cord injury, and discharged him. Upon walking from the emergency room, our client complained that he could not feel his feet and legs and collapsed. He was diagnosed with a spinal injury at C-6 and C-7. He is now a quadriplegic.

The National Institute of Neurological Disorders and Stroke defines a spinal cord injury (SCI) as “damage to the tight bundle of cells and nerves that sends and receives signals from the brain to and from the rest of the body. “Because the spinal cord sends and receives information between the brain and the body, a spinal cord injury can lead to significant disruptions in this communication, resulting in a wide array of physical and functional impairments.

The Mayo Clinic reports that spinal cord injuries (SCIs) involve damage that occurs anywhere on the spinal cord, including the nerve fibers at the very bottom of the spinal cord known as cauda equina. Since the spinal cord serves as the primary communication link between the brain and the rest of the body, even a seemingly minor injury can lead to significant consequences.

Not only can a SCI diminish overall strength and sensation below the injury site, but it can also disrupt crucial bodily functions such as bladder and bowel control. In addition to these physical effects, the loss of independence and the adjustments to a new way of life often put an immense emotional and psychological strain on accident victims.

The spinal cord is divided into four levels, and the location of the injury within these levels is pivotal in determining the severity and type of impairment an injury victim may experience.

Cervical Spinal Cord Injuries

Cervical spinal cord injuries affect the top region of the spinal cord. These injuries are the most severe and are associated with tetraplegia – or quadriplegia—resulting in the loss of use of both the arms and legs either partially or completely.

Thoracic Spinal Cord Injuries

Thoracic spinal cord injuries affect the spinal cord at the level of the upper chest, middle back, and abdominal muscles. People with thoracic spinal cord injuries typically retain full function in their arms and hands but have serious loss of use below the area of the injury.

Lumbar Spinal Cord Injuries

The lumbar spinal cord is located in the lower back, and victims of SCIs in this region often lose the ability to walk and use of their bowels and bladder.

Sacral Spinal Cord Injuries

The sacral spine – or sacrum – is located just above the tailbone, and victims of sacral SCIs are likely to experience concerns related to their hips, the back of their thighs, their buttocks, and their pelvic organs.

Construction Accident Verdict

A general contractor ignored its own requirements for safety training of a subcontractor workforce. As a result, our client never received training in how to properly use his fall protection equipment. Our client fell two stories and hit the ground because the equipment was hooked up improperly.

He was left paralyzed. When the general contractor refused to tender their insurance limits, Construction Accident Attorney, Clay Miller tried the case in Texas, and obtained a verdict of $26,500,000, including $15,000,000 of punitive damages.

The degree to which a spinal cord injury affects the victim's ability to control movement in their arms and legs depends on two primary factors: the location of the injury along the spinal cord and the severity of the damage.

The neurological level of the spinal cord injury refers to the lowest part of the spinal cord that still functions normally, which helps determine the extent of the injury’s impact on the body. The second critical concern is the completeness of the injury, which breaks down as follows:

• Complete – The spinal cord injury is complete (meaning the cord is completely broken or severed) if the victim loses all feeling and ability to control bodily movement below the location of the spinal cord injury.
• Incomplete – The spinal cord injury is incomplete (meaning the cord is impacted but not completely severed) if the victim retains some feeling and control in the part of the body affected by the spinal cord injury.

While complete spinal cord injuries lead to an absolute loss of feeling and control of motion below the injury site, incomplete spinal cord injuries can result in a wide range of functional abilities, allowing individuals to retain varying degrees of sensation and movement.

The most common symptoms associated with spinal cord injuries include:

• Loss of or change in bodily sensation, such as the ability to feel temperature or touch
• Loss of Feeling (complete or partial numbness)
• Pain or intense stinging caused by damaged nerve fibers in the spinal cord
• Loss of movement
• Loss of control over bowels, bladder, or both
• Changes that relate to fertility and sexual sensitivity or function
• Exaggerated reflexes or spastic movements
• Difficulty clearing secretions from the lungs, coughing, or breathing overall

Each of these symptoms can profoundly affect the life of an individual who suffered a spinal cord injury and significantly alter their ability to perform every task or engage in activities they once enjoyed. These challenges can be addressed through a combination of rehabilitation therapies, medical management, and support systems.

When a spinal cord injury is even more serious, such as complete paralysis, initial symptoms may include the following:

• A feeling of intense pressure or pain in the head, back, or neck
• Numbness and tingling or loss of all feeling in the hands, feet, fingers, or toes
• Lack of coordination, weakness, or inability to control motion in any part of the body
• Difficulty breathing
• A twisted back or neck

Our client was left paralyzed when a masonry subcontractor built a dangerous scaffolding system on a Texas construction site. The scaffolding collapsed breaking the spine of a construction worker leaving him paralyzed. Our firm was hired quickly after the scaffolding accident and we were able to obtain photographs taken by the general contractor days before the collapse showing the poor condition of the scaffolding components that should have been “red tagged” and taken out of service. After fighting the defense and insurance companies, our firm obtained a $5,000,000 settlement that provided our client with life time medical and wage replacement for his injuries.

When someone who suffers a spinal cord injury loses both feeling and control of movement in a specific part of their body, it’s referred to as paralysis, which comes in the following forms:

• Tetraplegia - Also known as quadriplegia, tetraplegia refers to a condition in which an individual experiences a loss of sensation and control over movement in their arms, legs, hands, and pelvic organs.
• Paraplegia – Paraplegia is characterized by a loss of sensation and control in the legs and pelvic organs, as well as all or part of the trunk while preserving function in their arms.

After strokes, spinal cord injuries are the second leading cause of paralysis in the United States. Consider the following statistics shared by the Christopher & Dana Reeve Foundation:

• There are about 18,000 new cases of traumatic spinal cord injuries each year. This does not include data on victims who died at the scene of the accident that caused the injury.
• The leading cause of spinal cord injuries is traffic accidents (motorcycle, car, bicycle, truck, etc.) falls are the second leading cause of SCIs.
• About 1.7 percent of the U.S. population is living with some form of paralysis.

The National Spinal Cord Injury Statistical Center (NSCISC) reports that people who experience traumatic spinal cord injuries typically spend an average of 19 days in acute care units, followed by an average of 37 days in rehabilitation centers. Additionally, approximately 30 percent of these individuals are re-hospitalized at least once within a year following their injury, with an average stay of 18 days. The overall costs associated with severe spinal cord injuries are notably high, and victims often face significantly reduced life expectancies.

A recent study revealed that using stem cells derived from a patient’s own fat can enhance both sensation and movement control following a traumatic spinal cord injury. The findings from this preliminary research are encouraging and highlight the potential advantages of stem cell therapy for individuals with spinal cord injuries and paralysis, who typically have limited options for improving their functioning. The improvements observed in the study participants included the following:

• Improved sensation
• Improved strength in all muscle motor groups
• Recovery of voluntary anal contraction, which assists in healthy bowel functioning

The study's lead author indicates that the research demonstrates both the safety and potential benefits of using stem cells and regenerative medicine for spinal cord injuries. Given the complexity of this condition, future studies may reveal whether combining stem cell therapy with other treatments could contribute to a new approach to improving patient outcomes.

Although there is currently no definitive cure for spinal cord injuries, ongoing advancements in the field have enabled many patients to experience significant improvements, often starting at spinal cord injury rehabilitation centers. In this setting, rehabilitation aims to assist patients in discovering new strategies to manage daily activities they may struggle to perform.

Effective rehabilitation usually involves a collaborative team of professionals dedicated to helping patients achieve optimal health outcomes, enhance bodily functions, and improve their overall quality of life.

The essential members of a spinal cord injury rehabilitation team may include:

• Psychiatrists (also known as a physical medicine and rehabilitation (PMR) specialist) who leads your treatment team and manages your overall healthcare.
• Psychologists who develops and implements counseling strategies to help you adjust to life after injury.
• Social workers who help you and your family obtain the information you need and access the resources you need to facilitate your transition from an in-patient rehabilitation facility back to living in the community.
• Nurses who carry out your rehab care plan – as set by your healthcare team – and help educate you on primary concerns, such as bowel and bladder care.
• Physical therapists who employ a wide range of therapeutic techniques to help you maximize your physical capabilities and help you regain your strength and stamina.
• Occupational therapists who turn to a variety of therapeutic techniques that are designed to help you gain greater independence in performing daily activities.
• Speech therapists who help you address any problems you face related to effective verbal communication and swallowing.
• Recreational therapists who use a variety of activities to enhance or sustain your physical, mental, and emotional well-being.

Spinal cord injuries can lead to significant financial repercussions, with costs potentially reaching millions of dollars. According to the National Spinal Cord Injury Statistical Center (NSCISC):

• In the first year following the injury, victims may incur approximately $1,369,755 in expenses directly related to their condition.
• For each year thereafter, the direct costs average around $237,862. These may be much higher depending upon the level of spinal cord injury and complications.
• Over a lifetime, individuals who sustain a SCI injury at age 25 may face costs far exceeding $6 million, while those injured at age 50 can anticipate costs of more than $3.3 million.
• These are CONSERVATIVE estimates. Known complications will likely drive these costs much higher and these amounts do not consider the growing cost of medical care.

Tetraplegia Spinal Cord Injury

For individuals who suffer from tetraplegia affecting the lower spinal cord, the following estimated costs are relevant:

• In the first-year post-injury, victims are likely to incur around $999,768 in expenses directly related to their condition.
• For each subsequent year, the direct costs average approximately $145,918.
• Over their lifetimes, individuals injured at age 25 may anticipate costs exceeding $4.4 million, while those injured at age 50 can expect to face expenses of more than $2.7 million.
• These costs don't include the cost of attendant care that include day to day tasks/needs which can range from hundreds of thousands to millions.
• Additional costs include transportation and vehicle modifications.

Paraplegia Spinal Cord Injury

For individuals who suffer from paraplegia, the following estimated costs are associated with the injury:

• In the first year, victims can expect to incur approximately $667,569 in expenses directly attributable to their condition.
• Each subsequent year, the direct costs average around $88,433.
• Over their lifetimes, individuals injured at age 25 may face direct medical costs nearing $3 million, while those injured at age 50 can anticipate expenses of nearly $2 million.
• These costs don't include the cost of attendant care that include day to day tasks/needs which can range from hundreds of thousands to millions.
• Additional costs include transportation costs and vehicle modifications

Loss of Motor Function Spinal Cord Injury

For individuals experiencing a loss of motor function due to spinal cord injuries, the estimated costs are as follows:

• In the first year following the injury, victims can expect to incur around $447,037 in direct medical expenses directly linked to their condition.
• For each subsequent year, these direct costs average approximately $54,298.
• Over a lifetime, those injured at age 25 may face direct medical expenses exceeding $2 million, while individuals injured at age 50 can anticipate costs of about $1,433,145.
• These costs don't include the cost of attendant care that include day to day tasks/needs which can range from hundreds of thousands to millions.
• Additional costs include transportation costs and vehicle modifications.

It is important to note that these figures ALSO do not account for losses related to decreased productivity, income, and benefits, which average $97,578 per year in 2023 dollars. Therefore, the overall financial burden associated with serious spinal cord injuries is substantial, making it crucial for victims to pursue adequate compensation to cover these expenses and other legal damages to support their long-term health and well-being.

If you have sustained a spinal cord injury due to someone else's negligence—such as inadequate medical care that does not adhere to the safety standards established by the healthcare industry—you can file a spinal cord injury claim to seek compensation for your comprehensive losses across several categories:

• Medical and Life Care Costs: These expenses are often ongoing and can encompass a wide range of services, including hospital bills, rehabilitation therapies, prescription medications, and home health care assistance for daily living activities
• Lost Income: The financial repercussions of a spinal cord injury can be substantial if your ability to return to work is compromised. This includes not only the immediate loss of wages but also potential future earnings if you cannot perform your job at the same capacity.
• Emotional Distress: Beyond physical pain, individuals may experience emotional distress, including anxiety, depression, and changes in self-image.
• Physical Impairment and Disability: Spinal cord injuries often result in varying degrees of physical impairment or disability, which can significantly limit mobility and daily functioning. This may include severe limitations with walking, fine motor skills, or complete loss of movement in affected areas. Such impairments can require assistive devices or modifications to one’s living environment.

While motor vehicle accidents and falls are the top causes of SCIs, medical malpractice is another primary concern. Some of the SCI-related issues that often qualify as medical malpractice include:

• When spinal cord impingement is incorrectly diagnosed, leading to nerve injury.
• When a severe infection, such as meningitis, is not accurately identified, resulting in improper treatment and a heightened risk of sustaining a serious spinal cord injury.
• When there are delays in diagnosing a tumor, which can exacerbate the condition.
• When medication errors or negligence in monitoring contribute to the development of a blood clot, resulting in ineffective treatment.
• When there is insufficient, improper, or delayed intervention for a ruptured or herniated disc.

Malpractice Related Spinal Cord Injury

The fundamental types of medical malpractice most frequently linked to spinal cord injuries (SCIs) include:

• Failure to correctly position patients
• Accidental injury to spinal nerves during medical procedures
• Mistakes related to the administration or management of anesthesia can lead to severe complications, including nerve damage.
• Inadequate Monitoring of Neuronal Activity
• Use of Non-Sterile Instruments
• Failure to Diagnose a Fracture or Spinal Cord condition.
• Delayed Diagnosis and Treatment of Spinal Epidural Abscesses

Never Events

Never events are medical errors that should never occur but, unfortunately, do happen, potentially leading to serious spinal cord injuries (SCIs). These include:

• Performing surgery or another kind of invasive medical procedure on the wrong patient or the wrong body part.
• Performing the wrong surgery or invasive medical procedure on a patient.
• Leaving a foreign object in a patient’s body during surgery.

Pursuing a successful SCI claim can be challenging. Whether your injury was caused by negligence on the part of another driver, commercial property owner, or through medical malpractice, working closely with a dedicated spinal cord injury lawyer is always essential to ensure your rights are protected and you recover the compensation and justice you deserve.

Evidence of Negligence

To establish that your spinal cord injury (SCI) resulted from someone else's negligence in the context of a traffic accident, your spinal cord injury attorney will meticulously collect the following pieces of key evidence.

• Eyewitness testimony
• A copy of the police report and any tickets that were written
• Any photos or videos captured by bystanders, other motorists, dashcams, or security cameras
• Documentation of your injuries and treatment
• Accident recreation models that illustrate the mechanics of the accident
• Your personal account of how the accident happened
• Insights from accident reconstructionists or medical professionals who can provide their expert opinion on the cause of your injury
• Any physical evidence at the scene, such as skid marks, debris, or vehicle damage
• Details about the insurance companies of the parties involved

If your injury occurred in a slip-and-fall accident or another type of premises liability claim, the following types of evidence will be crucial for building a strong case:

• Accounts from individuals who witnessed the slipping hazard and how the accident transpired.
• Any official documentation prepared by property management or law enforcement.
• Photos and videos captured before, during, or immediately after the accident, showcasing the hazardous conditions that contributed to your injury.
• Physical evidence, such as the actual hazard that caused you to slip or fall.

If your spinal cord injury (SCI) is associated with medical malpractice, the following types of evidence will be critical in building your case:

• Insights from specialists in the relevant medical field related to your SCI
• X-rays, MRIs, or CT scans that reveal the extent of the injury
• Documentation of the healthcare facility's policies and procedures
• Statements from staff members at the healthcare facility
• Documentation of your medical history and treatment
• Detailed notes and observations made by members of your healthcare team
• Life care plans and future medical plans from physicians and life care planners
• Vocational Loss calculations from economists

Your spinal cord injury attorney is dedicated to protecting your legal rights and striving for the most favorable outcome for your claim. To achieve this, they will:

• Conduct a thorough investigation into the circumstances surrounding your injury.
• Gather all relevant evidence, such as medical records, accident reports, and witness statements.
• Hiring qualified experts to help prove liability and long-term needs/losses
• Communicate directly with insurance adjusters on your behalf, ensuring your best interests are represented.
• Provide you with regular updates throughout the process and help you understand your legal options.
• Advocate for a fair settlement that reflects the full extent of your losses.
• Be ready to take your case to court, if necessary, and present a compelling argument to a judge or jury.
• Offer support to help you cope with the emotional challenges of your situation.

By taking on these crucial tasks, your lawyer plays an essential role in ensuring you receive the support and compensation you deserve following a spinal cord injury.

A spinal cord injury can drastically change the trajectory of your life, bringing with it profound physical, emotional, and financial challenges. Navigating the complexities of recovery, rehabilitation, and filing a personal injury claim can be overwhelming. This is why having a dedicated spinal cord injury lawyer by your side is crucial.

At Miller Weisbrod Olesky, our team of compassionate and skilled spinal cord injury lawyers recognize the immense physical, emotional, and financial toll spinal cord injuries can take on accident victims. Which is why we are committed to pursuing fair compensation for your medical expenses, lost income, pain and suffering, and other damages resulting from your injury.

We operate on a contingency fee basis, meaning we NEVER charge any upfront fees or costs unless/until we achieve a successful outcome in your case. Learn more about what we can do to help you by filling out our online form or call us at 888-987--0005 today.

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The National Institute of Neurological Disorders and Stroke reports that traffic accidents and falls are the primary causes of SCIs in this country. These are followed by injuries incurred while playing sports or engaging in recreational activities.

Medical and surgical injuries, such as those caused by medical malpractice, are also closely associated. Risk factors that leave people more vulnerable to spinal cord injuries include:

• Age: Those who are between the ages of 16 and 30 and those who are over the age of 65 are at the greatest risk of suffering falls that cause serious SCIs.
• Bed Sores: Due to the lack of movement
• Organ Damage: Kidneys, lungs, heart, and other organs can suffer damage due to spinal cord injury over the years.
• Infections: Include bladder infections, skin infections and pulmonary infections
• Failure to Wear Appropriate Protective Gear: Not wearing appropriate safety equipment significantly increases the likelihood of sustaining serious spinal cord injuries. For instance, failing to use a seatbelt while driving, and not wearing a helmet while cycling or motorcycling.

It's important to recognize that the negligence of others can significantly heighten your risk of experiencing a life-altering spinal cord injury. For example, driver negligence is the primary cause of dangerous traffic accidents that lead to serious injuries like SCIs, and this negligence can come in all the following forms:

• Drunk driving
• Speeding
• Drowsy driving
• Aggressive driving
• Distracted driving
• Failing to follow the safety rules of the road

Moreover, commercial property owners who do not maintain their premises to the same standard as other reasonable property owners under similar conditions may be held liable for slip and fall accidents that lead to severe spinal cord injuries.

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Our brains and spinal cords are both protected by bone. The spinal cord is protected by vertebrae, while the brain is protected by the skull. Each is cushioned by meninges – or layers of membranes – and cerebrospinal fluid.

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The thoracic spine consists of the vertebrae located directly below the cervical portion of the spinal cord. A complete injury in this area results in paraplegia, meaning that the victim will have little to no control over various functions depending on the specific location of the injury within the thoracic spine.

Depending on where on the thoracic spine the injury occurs – the victim will retain little to no control over the following:

• Arms, Hands, and fingers
• Legs
• Bowel and Bladder dysfunction
• Lungs and breathing abilities
• Chest muscles
• Abdominal muscles

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Autonomic dysreflexia is a life-threatening emergency that generally arises after an SCI to the cervical spinal cord, and the higher the injury, the greater the risk involved. Autonomic dysreflexia amounts to a dysregulation of the autonomic nervous system that results in an uncoordinated sympathetic response and can lead to potentially fatal hypertensive episodes.

The condition is generally caused by a noxious stimulus in the area of the body below the SCI, which can be related to medical malpractice. This cervical portion of the spinal cord includes the top seven vertebrae, which are situated in the neck. Injuries to the cervical vertebrae are the most severe because the result is tetraplegia, which means the victim’s ability to control their motions and to feel are either limited or completely absent below the shoulders and neck.

An injury that is this serious typically requires long-term health care and assistance with daily living activities.

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Although rare, seizures can occur with autonomic dysreflexia, and the risk increases when the victim doesn’t receive appropriate diagnosis and treatment.