Spinal Cord Injuries

Facing A Spectrum Of Medical Needs

Spinal cord injuries range in degree from mild to severe to catastrophic, depending on where on the spine an injury occurred and whether the spine was severed. Even after a “mild” spinal cord injury, an accident victim’s quality of life will usually be compromised indefinitely. Partial paralysis can make it necessary for a spinal cord injury victim to use a cane, walker or wheelchair indefinitely. A more catastrophic spinal cord injury may render a sufferer a paraplegic or quadriplegic. Loss of the use of one’s hands is particularly devastating.

Depending on the severity of the injury, a spinal cord injury victim often requires multiple types of help and accommodation, including:

• Ongoing physical therapy, occupational therapy and other types of therapy and medical care
• Expensive durable medical equipment such as a power wheelchair, a lift and other devices
• Vocational rehabilitation, if the person is able to work again
• Personal care assistance ranging from a few hours a day to many hours per day
• A modified van that will accommodate a wheelchair
• Home remodeling or a move to accessible housing

Spinal Damage Can Cause Secondary Problems

A spinal cord injury victim, even after recovery from trauma, often must cope with medical problems such as:

• Chronic pain
• Numbness and tingling
• Frequent body temperature changes, perhaps alternating between chills and sweats
• Vulnerability to stroke
• Vulnerability to urinary tract infection
• A shortened life expectancy, in many cases

After a serious car, truck or construction accident resulting in a catastrophic outcome such as a spinal cord injury, a personal injury lawyer with confidence, dedication and experience is a valuable ally. At Caesar & Napoli, we fight to obtain the compensation that our injured clients need and deserve. We work with medical experts, accident reconstructionists, life care planners and economists as needed to build strong injury claims for our spinal cord injury victim clients.

How Spinal Cord Injuries Happen In New York

The cases we see most often begin with one of the following:

• Car, truck and bus collisions, where the force of the impact drives the spine past its range of motion
• Pedestrian and bicycle crashes, where there is nothing between the body and the vehicle
• Falls from ladders, scaffolds and unguarded openings on construction sites
• Falls on poorly maintained property, including stairways without handrails and icy walkways
• Elevator failures and falling objects
• Medical errors, including surgical injuries and the delayed treatment of a spinal condition

The cause determines which law applies. A fall on a job site may be governed by Sections 240(1) and 241(6) of the New York Labor Law. A collision is governed by the Vehicle and Traffic Law and by the no fault statute. An injury caused by treatment is a medical malpractice claim with its own shorter deadline. The facts of the accident decide which route the case takes.

Complete And Incomplete Injuries, And Why The Level Matters

A complete injury means no motor or sensory function remains below the point of damage. An incomplete injury means some signal still crosses it, which can leave partial movement or partial sensation.

The level matters just as much. Damage in the cervical spine can affect the arms, hands, trunk and legs, and the highest cervical injuries can affect breathing. Damage in the thoracic spine generally affects the trunk and legs. Damage in the lumbar and sacral regions affects the hips and legs along with bladder and bowel function.

These details are not medical trivia in a legal claim. The level and completeness of the injury determine how many hours of attendant care a person needs, what equipment has to be replaced and how often, and whether any return to work is realistic. Those are the numbers that a claim is built on.

Proving The Cost Of A Lifetime Of Care

A spinal cord injury claim is not valued from a stack of medical bills. Most of the cost lies in the future, and the future has to be documented before a jury or an insurer will pay for it.

We work with treating physicians, life care planners, vocational experts and economists to itemize what the years ahead actually require. A life care plan sets out attendant care hours, equipment and its replacement cycle, home and vehicle modifications, medication, therapy and anticipated surgeries. An economist then reduces that plan to present value and calculates lost earning capacity. Our page on assessing lifetime costs explains how that analysis is assembled.

What A Spinal Cord Injury Claim Can Recover

• Medical expenses already incurred and those reasonably expected in the future
• Lost wages and diminished earning capacity
• Attendant care and the household services the injured person can no longer perform
• Home modification, accessible vehicles and durable medical equipment
• Pain, suffering and the loss of enjoyment of life
• In a case involving a death, the pecuniary loss to the family under EPTL 5-4.3, along with a survival claim for conscious pain and suffering

Every case is different, and prior results do not guarantee a similar outcome.

Deadlines That Apply To A New York Spinal Cord Injury Claim

• Negligence claim: three years from the date of the accident (CPLR 214)
• Medical malpractice claim: two years and six months from the act or the end of continuous treatment (CPLR 214-a)
• Wrongful death action: two years from the date of death (EPTL 5-4.1)
• Claims against a city, a public authority or a transit agency: a notice of claim within 90 days and suit within one year and 90 days (General Municipal Law 50-e and 50-i)
• Claims on behalf of a child: generally tolled until the child turns 18 under CPLR 208, with a ten year outside limit in medical malpractice cases

No Fault Benefits After A Motor Vehicle Injury

If the injury came from a crash, two separate processes run at once. No fault benefits pay medical bills and a portion of lost earnings regardless of who caused the collision, and they carry short deadlines of their own. Written notice to the no fault insurer is generally due within 30 days of the accident, and medical bills are generally due within 45 days of treatment.

The lawsuit for pain and suffering is separate. It requires a serious injury as that term is defined in Section 5102(d) of the Insurance Law. A spinal cord injury clears that threshold, but the no fault paperwork still has to be filed on time, because missing it can leave medical bills unpaid while the case is pending.

Questions We Hear From Spinal Cord Injury Clients

Do you handle spinal cord injury cases in Queens and Brooklyn?

Yes. Venue in these cases usually follows where the accident happened or where a party resides, and the choice affects both the timeline and the jury pool. It is worth settling that question early rather than at the point of filing.

How long does a spinal cord injury case take?

Longer than a routine injury case. Part of the reason is legal, since serious claims are defended aggressively. The larger reason is medical. A credible life care plan requires a clear picture of where the injury has stabilized, and that picture takes time to develop. Settling before it does usually costs the client money.

Can I bring a claim if the injury came from medical treatment?

Yes, and it is a different kind of case. A malpractice claim requires proof that the care fell below the accepted standard and that the departure caused the harm, which calls for a physician in the same field to review the records. It also carries the shorter two and a half year deadline described above.

What if I was partly at fault for the accident?

New York follows pure comparative fault under CPLR 1411. Being partly responsible reduces a recovery by the percentage assigned to you. It does not bar the claim, and defendants often argue for a percentage that the evidence does not support.

Will I owe anything up front?

No. We handle these cases on a contingency fee basis, and the initial consultation is free. Attorneys’ fees are owed only if we obtain a recovery.

What is a spinal cord injury case worth?

That depends on the level and completeness of the injury, the care it requires, the earnings it costs, the strength of the liability evidence and the insurance coverage available. Anyone who quotes a number before reviewing the medical records and the policies is guessing.

Related Injury Pages

• Paralysis
• Catastrophic injuries
• Traumatic brain injuries
• Assessing lifetime costs
• Construction accidents
• Motor vehicle injuries
• Wrongful death

Speak With An Experienced Spinal Injury Lawyer

At Caesar & Napoli, we do not charge for an initial consultation with a back, neck and spinal cord injury lawyer. To schedule a meeting with one of our attorneys after a car, truck, bus, train or workplace accident, contact us at (888) 235-6766. We handle personal injury cases on a contingency fee basis. You will not owe attorneys’ fees unless we win a recovery for your case.