Spinal Cord Injury Lawyers

Spinal cord injuries are among the most catastrophic and financially draining traumas an individual can endure. Each year, approximately 18,000 Americans face new traumatic spinal cord injuries (tSCI), with males representing about 79% of these cases since 2015. Currently, around 302,000 individuals live with tSCI in the U.S., suffering impacts that drastically alter their lives and the lives of their families. The average age of injury has risen to 43, reflecting a demographic that often includes working adults who suddenly face significant life changes.

At Breit Biniazan, we understand that dealing with a spinal cord injury involves much more than medical care—it’s about securing your future and that of your family. Whether you’re dealing with incomplete or complete spinal cord injuries, the financial implications can be overwhelming. From out-of-pocket costs for ongoing medical care, chronic pain management, and physical therapy to lost wages and the need for permanent disability accommodations, the expenses are enormous. Spinal cord injuries can result from several factors such as motor vehicle accidents, medical malpractice, sports injuries, or workplace accidents, often exacerbated by someone else’s negligence or intentional wrongdoing.

The following content on our page will offer you vital information on the legal process, types of spinal cord injuries—from partial to complete paralysis—and how these can affect every aspect of your life, from bowel or bladder control to emotional and sexual function. Understanding your rights and the potential for financial compensation through a personal injury lawsuit is crucial in your recovery journey.

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The Role Of A Spinal Cord Injury Lawyer

Our team of dedicated spinal cord injury lawyers is committed to helping you recover full and fair compensation. We understand the intricate details of spinal cord injury claims, including how to effectively manage discussions with insurance companies and ensuring that all responsible parties are held accountable. Our goal is to provide you with the comprehensive legal support you need to navigate this challenging time.

At Breit Biniazan, we’re not just your lawyers; we are your advocates, striving to ensure you receive the ongoing care and compensation required for a life of dignity and fulfillment after a severe injury. Contact us today for a free consultation, and let us help you take the first step towards securing your future after a spinal cord injury.

Types of Spinal Cord Injuries

Anesthesia error is a rare but serious occurrence in medical practice. Various factors can contribute to this unfortunate event, including inadequate training, equipment failure, miscommunication during procedures, and human error.

Type of InjuryDescriptionCommon Effects
Complete Spinal Cord InjuryNo sensory or motor function is preserved in the sacral segments S4-S5. Complete severance or dysfunction of the spinal cord.Total loss of function below the injury level; can lead to quadriplegia or paraplegia depending on the injury site.
Incomplete Spinal Cord InjurySome degree of sensory and/or motor function below the injury site is preserved. The extent of function can vary.Varies based on the type of incomplete injury:
Anterior Cord SyndromeDamage to the front of the spinal cord, affecting the motor and sensory pathways.Motor function loss, reduced pain and temperature sensation below the level of injury.
Central Cord SyndromeDamage to the central structures of the spinal cord. Often occurs after a traumatic injury causing swelling and compression in the cervical (neck) region of the spinal cord.Greater loss of upper limb function compared to lower limbs; may also affect bladder control and alter sensation.
Brown-Séquard SyndromeDamage to one side of the spinal cord, resulting from penetrating injuries like gunshot or stab wounds.Loss of motor function and altered sensation on the injured side; opposite side loses pain and temperature sensation.

Common Causes of Spinal Cord Injuries

Spinal cord injuries occur due to a variety of incidents, each capable of causing significant and life-altering damage. Here are some common causes along with specific examples:

  • Vehicles:
    • Example: A high-speed car crash where a driver loses control and the vehicle rolls over, causing severe trauma to the spine of the occupants.
  • Falls:
    • Example: An elderly person slipping in the bathroom and landing hard on their back, resulting in a fractured vertebrae and spinal cord damage.
  • Violence:
    • Example: A victim of a violent assault sustaining a spinal cord injury from a gunshot wound to the back during a robbery.
  • Medical:
    • Example: A surgical error during a routine lumbar spine operation leading to inadvertent severing or damaging of the spinal cord.
  • Sports:
    • Example: A football player experiencing a severe spinal injury after a high-impact collision with another player during a tackle.

At Breit Biniazan, we specialize in a comprehensive range of legal services tailored to address the complex challenges of spinal cord injury cases. Our expertise encompasses several key areas:

  • Motor Vehicle Accidents: We represent clients who have suffered spinal injuries due to car, truck, motorcycle, and other types of vehicle accidents, focusing on securing compensation for their life-changing injuries.
  • Medical Malpractice: Our team is adept at handling cases where spinal injuries are a result of surgical errors, misdiagnoses, or other medical oversights, ensuring that medical professionals are held accountable.
  • Wrongful Death: In tragic instances where spinal injuries lead to fatal outcomes, we provide compassionate and determined legal representation to the families of the deceased.
  • Defective Products: We pursue justice for clients who have sustained spinal injuries due to malfunctioning or poorly designed products, from automotive components to medical devices.
  • Catastrophic Injury: Our firm has significant experience in cases categorized as catastrophic, including severe spinal cord injuries that result in lifelong disabilities.
  • Premises Liability: We also represent individuals who have suffered spinal injuries due to unsafe conditions on someone else’s property, such as slip and fall accidents.

Compensations and Damages in Spinal Cord Injury Cases

Economic Damages

In spinal cord injury cases, economic damages cover quantifiable losses. This includes medical expenses from initial hospitalization to ongoing care costs, as well as lost income due to the inability to work. These damages aim to reimburse the injured party for all out-of-pocket expenses directly linked to the injury.

Non-Economic Damages

Non-economic damages address the less tangible impacts of a spinal cord injury. This encompasses compensation for pain and suffering, emotional distress, and a diminished quality of life. These damages recognize the profound personal and psychological toll a spinal injury takes on a victim and their family.

Punitive Damages

In instances of egregious negligence or intentional harm, punitive damages may be awarded. These are not meant to compensate the victim but rather to punish the wrongdoer and deter similar negligent or malicious behavior in the future.

Filing a Spinal Cord Injury Claim

Filing a spinal cord injury claim involves several critical steps, beginning with a thorough investigation of the incident to gather evidence like medical records and witness statements. It’s essential to act swiftly, as statutes of limitations can restrict the timeframe within which you can claim. A skilled spinal cord injury attorney can navigate the complexities of the legal process, helping to ensure that your claim addresses all aspects of the injury, from immediate medical expenses to long-term needs such as physical therapy and lost wages.

How to Choose a Spinal Cord Injury Lawyer

Selecting the right spinal cord injury lawyer is crucial to ensure your rights are protected and to maximize your potential for fair compensation. Look for an attorney with a robust track record of handling spinal cord injury claims, particularly those involving severe injuries such as complete or incomplete paralysis. A proficient spinal cord injury lawyer will have an in-depth understanding of the medical aspects of these cases, including the challenges associated with ongoing medical care and permanent disability. They should also demonstrate empathy and a commitment to advocating for individuals who have suffered life-altering injuries due to motor vehicle accidents, medical malpractice, or other preventable accidents.

Spinal cord injury attorneys from Breit Biniazan will possess a deep understanding of the medical aspects of these cases, particularly the challenges associated with ongoing medical care and permanent disability. They demonstrate empathy and a strong commitment to advocating for individuals who have experienced life-altering injuries due to motor vehicle accidents, medical malpractice, or other preventable accidents, ensuring that each client’s needs and rights are attentively addressed.

Building a Strong Spinal Cord Injury Case

Building a strong spinal cord injury case requires a detailed understanding of the events that led to the injury, backed by solid evidence and expert testimonies. This might involve reconstructing the accident scene, collecting CCTV footage, and gathering medical expert opinions on the extent of spinal damage and its long-term effects. A spinal cord injury lawyer must articulate how the injury occurred, who bears the responsibility, and the profound effect it has on the client’s life, emphasizing the necessity for substantial financial compensation.

Working with Medical Experts

Working with medical experts is critical in spinal cord injury cases to credibly establish the extent of injuries and future medical needs. These experts not only provide testimony regarding the initial injury and necessary medical interventions but also offer insights into probable future complications like bowel or bladder control issues, sexual dysfunction, and chronic pain. Their expert opinions are crucial for proving the extent of injury, the expected recovery trajectory, and the comprehensive care plan needed.

Can a Spinal Cord Injury Be Cured?

Currently, there is no complete cure for spinal cord injuries, particularly when it comes to restoring full function after severe injuries. However, significant advances in medical research, including stem cell therapy and innovative rehabilitation techniques, offer hope for improvements in function and quality of life. Treatment focuses on preventing further injury, managing symptoms, and maximizing the individual’s functional independence through physical therapy, occupational therapy, and other rehabilitative services. Ongoing research continues to explore potential treatments that may one day lead to more substantial recoveries.

How Long Does It Take to Recover from a Spinal Injury?

The recovery time from a spinal injury varies widely depending on the severity of the injury, the level of the spine where the injury occurred, and the overall health of the individual. For some, recovery can take weeks or months of intensive rehabilitation, while for others, particularly those with more severe injuries, it may be an ongoing process that lasts years or is continuous. Rehabilitation often begins in the acute phase post-injury and can extend indefinitely, focusing on enhancing functional abilities and adapting to new lifestyles.

Does a Spinal Cord Injury Get Worse Over Time?

Spinal cord injuries themselves typically do not worsen over time if managed properly; however, complications related to the injury can arise. Common long-term complications include issues with bladder and bowel function, chronic pain, respiratory problems, and increased susceptibility to infections. It is crucial for individuals with spinal cord injuries to receive ongoing care and monitor for potential problems. Proper management, including regular medical check-ups, physical therapy, and adherence to treatment plans, can help mitigate these risks and maintain the best possible health status.

Spinal Cord Injury Lawsuit FAQ’s

How Much Compensation Will I Get for a Spinal Injury?

The amount of compensation you might receive for a spinal injury depends on several factors, including the severity of the injury, its impact on your life, the circumstances under which the injury occurred, and the laws in your jurisdiction. Typically, compensation can cover:

  • Medical expenses: both current and future medical bills related to your spinal injury.
  • Lost wages: compensation for any income you’ve lost due to the injury and potential future earnings if your ability to work is compromised.
  • Pain and suffering: this includes compensation for physical pain as well as emotional distress.
  • Loss of quality of life: if the injury affects your ability to engage in daily activities or hobbies you once enjoyed.
  • Punitive damages: these may be awarded in cases of egregious negligence to punish the wrongdoer.

Each case is unique, and the compensation awarded can vary widely. A personal injury lawyer with experience in spinal cord injuries can provide a more accurate estimate based on the specifics of your situation.

Does Spinal Cord Injury Qualify for Disability?

Yes, a spinal cord injury often qualifies for disability benefits, given the significant impact it can have on an individual’s ability to work and perform daily activities. Both the U.S. Social Security Administration (SSA) and other disability insurance programs typically recognize severe spinal cord injuries as a qualifying condition for disability benefits.

To qualify for these benefits, you must demonstrate that your spinal cord injury significantly limits your ability to perform basic work activities for at least 12 months. The exact requirements can vary depending on the specifics of the insurance or benefit program. Documentation from medical professionals, including detailed records about the extent of your injury and its impact on your functional capabilities, will be crucial. It is advisable to consult with a disability lawyer or a specialist who understands the intricacies of disability claims related to spinal injuries to navigate the application process effectively.

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Attorneys

Jenny Flanigan
Nicholas J.N. Stamatis
Salem Amare
Alexis Meier
Jeffrey Breit
Kevin Biniazan
Scott M. Perry
Justin Sheldon
Lee Floyd
Don Scott
Allen Beasley
Billie Hobbs Leeth
Michael Imprevento
Lauren A. Martin
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