Spinal cord injuries (SCIs) are among the most severe and life-changing physical injuries a person can experience. They have wide-ranging effects on the victim’s life, from physical limitations to emotional and financial consequences. For those who sustain spinal cord injuries due to the negligence or recklessness of others, the legal system often becomes a means of seeking justice and obtaining compensation for those harms. Gunn | Slater will help victims and their families navigate the complex medical, financial, and legal challenges associated with such injuries.

What is a Spinal Cord Injury?

The spinal cord is a long, cylindrical structure made up of nerve tissue that runs from the brainstem down through the back. It plays a crucial role in transmitting signals from the brain to the rest of the body, controlling movement, sensation, and various bodily functions. Spinal cord injuries occur when this cord is damaged, leading to a loss of function below the site of injury. The severity of the injury largely depends on the location and extent of the damage to the spinal cord.

An SCI can result in partial or total paralysis. It can affect not only motor skills and sensation but also essential bodily functions, such as breathing, digestion, and sexual function. The two major types of spinal cord injuries are:

Complete Spinal Cord Injury: This is when the spinal cord is completely severed or damaged, leading to a total loss of function below the level of the injury. Individuals with complete SCIs may experience paralysis in all limbs (quadriplegia or tetraplegia) or just the lower limbs (paraplegia).

Incomplete Spinal Cord Injury: This occurs when the spinal cord is partially damaged, and some functions below the injury level may remain intact. For example, a person may have limited movement or sensation in their arms or legs.

Understanding the medical care associated with spinal cord injuries is important because it directly influences the compensation and support needed by the injured person. At Gunn | Slater, we have handled numerous spinal cord injury cases and can guide you through the medical and legal aspects that will be encountered.  

How Do Spinal Cord Injuries Happen?

SCIs can result from a wide range of incidents. The leading causes of spinal cord injuries include:

Motor Vehicle Accidents: Car crashes are one of the most common causes of spinal cord injuries. High-speed collisions, rear-end crashes, and rollovers can lead to severe trauma to the spine. The impact of a car accident can compress, fracture, or dislocate the vertebrae in the spine, causing damage to the spinal cord.

Falls: Particularly among the elderly, falls can lead to spinal cord injuries. A fall from a significant height or an accidental slip on a wet surface can result in vertebral fractures, which may damage the spinal cord.

Sports Injuries: Contact sports such as football, rugby, and diving pose a high risk of spinal cord injuries. Athletes may suffer from falls, tackles, or collisions that damage the spine.

Medical Malpractice: Spinal cord injuries can occur due to errors made by healthcare providers during surgeries or procedures, such as improper spinal surgery, anesthesia mistakes, or diagnostic errors.

Each of these scenarios, whether involving a crash, medical negligence, or a fall, deserves a full investigation to determine whether the injuries are the fault of someone or some product.  Gunn | Slater has the knowledge and resources to conduct a robust inquiry and hold those at fault accountable.  

Medical Care for Spinal Cord Injury Victims

The medical care required for spinal cord injury victims is extensive, costly, and long-term. The immediate treatment following an SCI typically involves stabilizing the individual and preventing further damage. Medical professionals will focus on immobilizing the spine, ensuring proper oxygenation, and controlling blood flow to prevent shock.

Once stabilized, the injured person may undergo surgery to repair or stabilize the damaged area of the spine. For those with incomplete injuries, rehabilitation efforts may be made to improve the range of motion, strength, and function. The care required for spinal cord injury patients depends on the level of injury and the type of paralysis that results:

Immediate Treatment: This includes efforts to reduce swelling, prevent complications, and stabilize the spine through various means, such as traction or surgical fixation.

Acute Care and Surgery: Surgeons may need to address bone fragments or displaced vertebrae, decompress the spinal cord, or fuse parts of the spine.

Rehabilitation: Patients will likely need occupational therapy, physical therapy, and other forms of rehabilitation to improve their quality of life, regain independence, and adjust to new limitations.

Long-term Care: Victims may need ongoing medical support for the rest of their lives, including pain management, physical therapy, mental health counseling, home care, and adaptive devices (such as wheelchairs or voice-activated technology).

The cost of this care can be astronomical. Medical professionals estimate that the lifetime cost of care for someone with a spinal cord injury can exceed many millions of dollars, depending on the severity of the injury and the level of paralysis. It is also important to consider the psychological toll that such a traumatic injury can have on the victim, as many people with SCIs experience depression, anxiety, and a sense of loss due to their diminished quality of life. Gunn | Slater will be closely involved in understanding and supporting the medical professionals called upon to care for our clients who suffer from SCIs.  We will hire the right experts to assist in determining what medical care will be needed, now and in the future, as well as calculating the cost of such care.  

Litigation Involving Spinal Cord Injuries

SCI litigation generally focuses on establishing liability and obtaining compensation for the victim. The legal process typically involves the following steps:

Investigation: Gunn | Slater will gather evidence about the incident that caused the injury. This may include police reports, witness testimony, medical records, and expert opinions. The goal is to determine who is at fault and the extent of the injury.

Filing a Lawsuit: Once liability is determined, Gunn | Slater will file a personal injury lawsuit against the responsible party or parties. This could involve the driver of a car, the manufacturer of defective products, a property owner, or a healthcare provider in cases of medical malpractice.

Litigation: After the lawsuit is filed, Gunn | Slater will engage in written discovery, document review, and depositions of the parties and expert witnesses. This is where we will learn more about the circumstances that caused the SCI. 

Trial: At any time during the pendency of the lawsuit, it is possible that settlement negotiations may occur. However, if settlement negotiations are unsuccessful, then the case will go to trial. This is where the expertise of the trial attorneys at Gunn | Slater, who have extensive experience in spinal cord injury cases, becomes crucial. The complexity of spinal cord injury cases requires a deep understanding of both medical and legal issues to present a compelling case in front of a jury. 

Awarding Compensation: Compensation can include both economic and non-economic damages. Economic damages cover medical expenses, rehabilitation costs, lost wages, and future care. Non-economic damages address the pain and suffering, emotional distress, and loss of quality of life caused by the injury. Gunn | Slater attorneys know how to ask a jury for the maximum award to ensure that our clients are taken care of for the rest of their lives.  

Why You Need an Experienced Spinal Cord Injury Lawyer

Given the complexity of spinal cord injuries, an individual who sustains such an injury needs an experienced, intuitive, and dedicated attorney to help them navigate the legal process. Some reasons why hiring a lawyer with specific experience in spinal cord injury cases is vital include:

Understanding of Medical Terminology and Treatment: Spinal cord injuries involve a great deal of medical complexity. A knowledgeable lawyer will work with medical experts who can help clarify the severity of the injury, the medical care required, and the long-term prognosis. Without this knowledge, the client’s case may not be properly evaluated.

Expertise in Valuing a Claim: Spinal cord injuries often require lifetime care, rehabilitation, and modifications to one’s home. An experienced attorney understands how to calculate both immediate and future costs. This ensures that a settlement or jury award fully compensates the client for all damages.

Negotiation Skills: Insurance companies and defendants may try to offer a quick settlement to avoid a lengthy legal process. An experienced attorney knows how to negotiate effectively to ensure that the settlement reflects the true value of the injury.

Trial Experience: If a case goes to trial, the attorney’s ability to present a compelling case in court is essential. Spinal cord injury cases often involve highly technical medical evidence that requires expert testimony. A skilled attorney will know how to present this evidence to a judge or jury in a way that highlights the full extent of the injury and its impact on the victim’s life.

Compassion and Dedication: Spinal cord injury victims are dealing with profound changes to their physical and emotional well-being. A compassionate attorney who is dedicated to fighting for the victim’s rights can make a world of difference in navigating the legal challenges and supporting the client through this difficult time.

Call Gunn | Slater So We Can Help

Spinal cord injuries are catastrophic events that can drastically alter the course of a person’s life. These injuries require not only immediate medical intervention but also long-term care and attention. The legal process surrounding spinal cord injuries is complex, involving significant medical evidence and expert testimony.  Experienced and dedicated attorneys, such as Gunn | Slater, make a significant difference in ensuring that victims receive the compensation they deserve for their pain, suffering, and lifelong care. For those who sustain spinal cord injuries, having a skilled advocate is essential to securing justice and a brighter future.