An injury caused by negligence can lead to medical expenses, missed work, and uncertainty about what comes next. When that injury involves the spinal cord, the consequences are often permanent and life-defining. Wilshire Law Firm represents individuals and families throughout California who have suffered spinal cord injuries caused by the negligence of others, providing skilled and compassionate legal guidance through every stage of the civil claims process.
What Is a Spinal Cord Injury?
The spinal cord is a bundle of nerves that runs through the vertebral column and serves as the communication pathway between the brain and the rest of the body. When the spinal cord is damaged by trauma, that communication is interrupted. The severity of the resulting impairment depends on the location of the injury along the spine and whether the injury is complete, meaning total loss of function below the injury site, or incomplete, meaning some function remains.
Injuries to the cervical region of the spine, which is the neck area, typically produce the most widespread impairment, potentially affecting movement and sensation in both the arms and legs. Injuries to the thoracic, lumbar, or sacral regions affect lower portions of the body. The resulting conditions include paraplegia, which affects the lower body, and tetraplegia or quadriplegia, which affects both the upper and lower body.
Even incomplete spinal cord injuries can result in significant permanent impairment. Chronic pain, reduced mobility, loss of bladder or bowel control, and impaired respiratory function are among the ongoing challenges that spinal cord injury survivors may face. The lifetime medical and personal care costs associated with serious spinal cord injuries are substantial.
What Are Common Causes of Spinal Cord Injuries in California?
Motor vehicle accidents are among the leading causes of traumatic spinal cord injuries in California. High-speed collisions on California freeways, including the I-5, I-10, I-15, and I-405 corridors, as well as accidents involving commercial trucks, motorcycles, and pedestrians, generate the kind of impact forces that can cause severe spinal trauma. California’s densely traveled roads make vehicle-related spinal injuries a significant and ongoing problem.
Falls are the second most common cause of spinal cord injuries nationally. In California, falls from scaffolding, ladders, and rooftops in the construction industry account for a significant share of occupational spinal injuries. Slip-and-fall incidents on commercial or residential property, stairway accidents, and falls in care facilities can also produce spinal cord damage that gives rise to premises liability claims.
Defective products, sports and recreational accidents, acts of violence, and surgical or procedural errors involving the spine are additional causes of spinal cord injuries in California. The cause of the injury determines which legal theories apply and who the responsible parties may be.
When Can a Spinal Cord Injury Give Rise to a Civil Claim in California?
A civil claim for spinal cord injury is available when the injury was caused by the negligence or wrongful conduct of another person or entity. Negligence in this context means that the responsible party had a legal duty to act with reasonable care, failed to meet that standard, and that failure caused the injury.
In vehicle accident cases, negligence may involve distracted driving, speeding, impaired driving, or violations of traffic law. In premises liability cases, it may involve failure to maintain safe conditions or failure to warn of known hazards. In product liability cases, it may involve a manufacturing defect or a design failure that caused equipment or a vehicle to behave unsafely.
California follows a pure comparative fault rule, which means a spinal cord injury survivor can pursue civil compensation even if they bear some share of responsibility for the incident. The total damages award is reduced by the survivor’s percentage of fault, but recovery is not barred entirely, regardless of the proportion.
What Damages Are Available in a California Spinal Cord Injury Case?
The economic damages in a spinal cord injury case reflect both the immediate and lifetime financial impact of the injury. They include emergency medical treatment, surgery, hospitalization, intensive rehabilitation, ongoing specialist care, prescription medications, adaptive equipment such as wheelchairs and mobility devices, home modifications for accessibility, and the cost of personal care assistance over the injured person’s lifetime.
Loss of earning capacity is a major component of damages in spinal cord injury cases. When an injury prevents a person from returning to their prior occupation, or limits their ability to work at all, the difference between what they were likely to earn over their working life and what they can realistically earn now is a recoverable economic loss. Vocational experts and economists provide the analysis needed to calculate and present these figures.
Non-economic damages are equally important. California law allows injured individuals to recover compensation for pain and suffering, loss of independence, emotional distress, and loss of enjoyment of life. The profound and permanent nature of a serious spinal cord injury means these non-economic losses are often among the most significant components of a complete damages claim.
How Does Wilshire Law Firm Approach Spinal Cord Injury Cases?
Wilshire Law Firm begins the legal process for spinal cord injury cases with a thorough investigation aimed at identifying all responsible parties, preserving critical evidence, and building a strong factual foundation for the claim. This work begins as early as possible, because accident scene evidence, surveillance footage, and electronic data from vehicles are time-sensitive.
For spinal cord injury cases, the firm works with medical specialists, life-care planners, and economic experts to document the full scope of the injury and project the costs of future medical care and lost earning capacity with precision and credibility. This expert foundation is essential in cases where insurance companies or opposing defendants dispute the extent of the harm.
Wilshire Law Firm is prepared to resolve cases through negotiated settlement when an offer genuinely reflects the full impact of the injury, and to litigate through trial in California courts when it does not. The firm represents spinal cord injury clients throughout California, including Los Angeles, San Diego, the Bay Area, Sacramento, Orange County, and the Inland Empire.
What Should You Do After a Spinal Cord Injury in California?
Appropriate medical care is the immediate priority after a spinal cord injury. Beyond that, a few practical steps can meaningfully protect a civil claim. Preserving documentation of the incident is important: photographs, police or incident reports, medical records from the date of injury forward, and records of any communications with insurance companies should be kept organized.
Avoid giving recorded statements to insurance adjusters for any party without first consulting an attorney. Insurance companies typically begin their investigation quickly after a serious injury, and statements made without legal guidance can be used to limit the value of a claim. Having an attorney involved from an early stage helps ensure that the injured person’s interests are protected throughout the process.
Wilshire Law Firm offers free consultations to spinal cord injury survivors and their families throughout California, with no obligation to proceed. The firm works on a contingency basis, meaning no fees unless you get paid.
What Role Do Expert Witnesses Play in a Spinal Cord Injury Case?
Expert testimony is typically central to a spinal cord injury case. Medical experts, including neurologists, orthopedic surgeons, and rehabilitation specialists, provide testimony about the nature and permanence of the injury, the treatment required, and the long-term prognosis. This medical foundation is essential for presenting both liability and damages.
Life-care planners assess what ongoing medical care, assistive technology, home modifications, and personal support the injured person will need over their lifetime and project the associated costs. Their analysis is the basis for presenting future medical damages with the specificity and credibility that courts and opposing parties require.
Economic experts calculate the reduction in the injured person’s earning capacity, comparing what they were likely to earn over their working life against their post-injury prospects. Together, these experts provide the evidentiary structure for a damages case that reflects the true, long-term impact of the spinal cord injury.
Frequently Asked Questions
What is the statute of limitations for a spinal cord injury claim in California?
California’s general statute of limitations for personal injury claims is two years from the date of the injury. Claims against government entities require a government tort claim to be filed within six months, followed by a lawsuit within six months of a denial. Because these deadlines can be affected by specific circumstances, consulting an attorney as soon as possible after an injury is strongly advisable.
Can I file a spinal cord injury claim if I was partially at fault for the accident?
Yes. California’s pure comparative fault rule allows an injured person to recover damages even if they bear some responsibility for the incident. The total damages award is reduced by the injured person’s percentage of fault, but the ability to recover is not eliminated. An attorney can help assess how comparative fault may apply in your specific situation.
What if the at-fault party does not have adequate insurance coverage?
When the at-fault party’s insurance coverage is insufficient to cover the full extent of damages in a spinal cord injury case, other potential sources of recovery may include underinsured motorist coverage through the injured person’s own policy, umbrella policies, or civil claims against additional responsible parties. An attorney can assess all available sources of recovery.
Can a family member pursue a claim on behalf of a spinal cord injury survivor?
In cases where the injured person is unable to manage their own legal affairs due to the severity of the injury, a family member may be authorized to act on their behalf through legal mechanisms available under California law. Additionally, family members may have independent claims for loss of consortium. An attorney can explain the options available in your specific situation.
How long does a spinal cord injury case typically take to resolve?
The timeline depends on the complexity of the liability issues, the extent of the injury, and whether the case is resolved through settlement or proceeds to trial. Because the full impact of a spinal cord injury often becomes clearer over time as treatment progresses, it is generally important not to finalize a settlement before the long-term medical picture is well established.
Does Wilshire Law Firm handle spinal cord injury cases involving workplace accidents?
Yes. Wilshire Law Firm handles third-party personal injury claims arising from workplace incidents, which are separate from workers’ compensation. When a party other than the direct employer, such as a contractor, equipment manufacturer, or property owner, contributed to a workplace spinal cord injury, a third-party civil claim may provide significant additional recovery beyond what workers’ compensation provides.
Speak With Wilshire Law Firm
Spinal cord injuries change every dimension of a person’s life. Pursuing a civil claim is one way to seek accountability and to secure the resources needed for long-term care, independence, and quality of life. Wilshire Law Firm offers free consultations to spinal cord injury survivors and their families throughout California and works on a contingency basis, meaning no fees unless you get paid. Schedule a free consultation with Wilshire Law Firm to discuss your situation.
This page is intended for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a licensed California attorney.
