Spine Injury Lawyer in San Jose, CA

Spinal injuries are some of the worst a person can sustain, often leading to long-term disability and significantly impacting the quality of their life. The spinal cord is a dense bundle of nerves connecting the brain through the vertebrae, transmitting sensory information and motor commands from the brain to the muscles, and controlling essential bodily functions. If you received a spine injury in an accident caused by someone else’s negligence, you may qualify for a personal injury claim.

Working with Suits Litigation, Inc. can help you pursue justice with help from a San Jose personal injury lawyer. With spine injuries, medical bills and being unable to work can cause financial pain quickly. Contact a spine injury lawyer in Downtown San Jose, CA, to help you recover compensation and begin to move forward with your life again.

Causes of Spinal Cord Injuries

The impact forces generated in a car accident or with workplace injuries can exert tremendous pressure and trauma on the spinal column, leading to a range of spinal cord injuries (SCIs). These injuries can vary in severity, from temporary nerve compression to complete severing of the spinal cord. The level and extent of the damage dictate the resulting functional impairments. Causes of these injuries can lead to several types of damage, such as:

Direct Trauma: A direct blow to the spinal column, such as in a rear-end collision, can cause your head and neck to be violently thrown backwards and then forwards in a whiplash, causing potential injuries such as fractures, dislocations, and herniated discs that compress the spinal cord. Similarly, a side-impact collision can exert significant force on the spinal cord.
Compression: Impacts, such as being thrown from a vehicle or motorcycle in an accident, can compress the vertebrae together, fracturing bones and squeezing the spinal cord, potentially damaging or severing the nerves within it.
Vertebral Distraction: Some forces pull the vertebrae apart, stretching and damaging the spinal cord and the ligaments that support it.
Piercing Injuries: In some less common, but incredibly severe cases, objects within the car or penetrating through the vehicle can directly pierce the spinal cord. These accidents occur more often in workplace injuries or in severe car accidents, such as those involving semi-trucks.

The extent of the spinal injury can vary dramatically. A complete injury is deemed as no motor or sensory functioning below the level of injury. An incomplete injury (also known as partial paralysis) implies that there is some remaining sensory or motor control function below the level of injury, and recovery of more may be possible.

Severity of Spinal Cord Damages

The level (where the damage occurs) and extent of the spinal cord damage are critical in determining the resulting functional impairments. The higher the injury occurs, the more extensive the neurological effects usually are.

Cervical Spine: Injuries in this region often result in quadriplegia (also known as tetraplegia), affecting all four limbs (arms and legs) and the torso. Depending on the specific level, breathing can also be compromised, requiring ventilator support. Higher cervical injuries tend to have a more significant impact.
Thoracic Spine: Injuries in this area typically result in paraplegia, affecting the legs and lower body. Arm and hand function is usually preserved, but control over the trunk of the body may be affected, depending on the level of injury.
Lumbar Spine and Sacral Spine: Injuries in these lower regions generally result in varying degrees of motor and sensory functioning in the legs and feet. Bowel, bladder, and other functions can also be affected.

Symptoms of Spinal Cord Damage

When damage to any part of the spinal column occurs, your nerve signals will be disrupted, leading to a range of symptoms affecting movement and bodily functions. The severity of symptoms depends on the extent of the injury, but individuals may experience things like:

Pain
Loss of feeling or pins-and-needles sensation
Muscle weakness
Inability to move
Issues with temperature regulation
Problems with blood pressure and heart rate regulation
Bladder and bowel functioning issues

Seek immediate medical care after any accident to receive a diagnosis and treatment, as well as establish a direct connection to your accident. This will be vital proof if you are able to seek a settlement with the liable party’s insurance company or if you choose to pursue litigation. Seek assistance from a spine injury lawyer in San Jose as soon as you are able. Our spinal injury attorney will help you pursue compensation for the flood of medical bills associated with injuries like these.

Seeking Damages for Your Injuries

In the last year of data, estimated lifetime costs of patients with spine injuries in the United States range from an average of $1.4 million to over $6 million, depending on the severity of the injury. Facing such overwhelming expenses, especially when your injury was due to someone else’s negligence, can feel impossible. Fortunately, our spine injury attorney is here to help. As outlined in California Civil Code 1714, you may seek a settlement through a personal injury claim to compensate for the two primary types of damages.

Economic Damages: These damages are intended to cover direct financial losses resulting from your spinal cord injury. They can include expenses for past and future medical treatment, necessary home and vehicle modifications, rehabilitation services, durable medical equipment, and lost pay or earning ability.
Non-Economic Damages: These address the profound impact that a spinal cord injury has on your overall life and well-being. While difficult to quantify monetarily, these damages intend to compensate for the intangible losses such as physical pain and suffering, emotional distress, mental anguish, loss of companionship or marital relations, and the diminished ability to enjoy life. Compensation for non-economic damages can provide crucial support for your ongoing care and emotional recovery.

An experienced spine injury attorney in San Jose, CA, can be your greatest advocate throughout this process. They will meticulously assess your losses, both economic and non-economic, to determine the true and comprehensive value of your case. Your lawyer will also guide you through the options of negotiating a settlement out of court versus pursuing a trial, based on your unique situation. Ultimately, we fight for your rights and work toward ensuring you receive the maximum compensation possible to help you move on with your life and meet the financial challenges lying ahead.

How Long Do You Have to Pursue Compensation

Securing compensation for the significant physical, emotional, and financial burdens resulting from a spinal cord injury hinges on adhering to a strict legal deadline known as the statute of limitations. In California, this time limit dictates how long you have to file a civil lawsuit seeking damages for your injuries. Missing this deadline can irrevocably bar your right to pursue legal action to receive the compensation you rightfully deserve.

Under California Code of Civil Procedure 335.1, individuals who have sustained a personal injury, including a spinal cord injury caused by another person’s negligence, have two years from the date of their injury to initiate a lawsuit. This means the clock starts ticking on the very day the incident occurred. Even if you may wish to settle outside of court, you should still get started working with a spine injury lawyer as soon as possible. Insurance may deny your claim, causing you to need to file a lawsuit, and you will want as much time as possible to prepare for such an eventuality.

If you miss this deadline, you generally lose your right to pursue compensation from the negligent party for the damage they have done to you. Your spine injury attorney may be able to find an exception, such as if the spinal injury was discovered at a later date or if the injured party was a minor at the time. If you believe you are past the statute of limitations, consult with them to determine if any of these limited exceptions or nuances may apply to your case. No matter your situation, do not delay in seeking legal counsel. The more time you have to establish a thorough claim, the more you can improve your ability to secure the financial recovery you need to navigate the challenges of living with a spinal cord injury.

Working with a Spine Injury Lawyer Provides Essential Support

Life following a spinal cord injury is often fraught with overwhelming challenges – physical limitations, emotional distress, and significant financial burdens. Because these life-altering injuries can arise from a multitude of negligent incidents, ranging from motor vehicle and pedestrian accidents to slips and falls, securing the guidance of an experienced San Jose spinal cord injury lawyer will provide effective, tailored representation precisely when you need it most.

Your attorney will dedicate the necessary time to thoroughly understand the multifaceted aspects of your situation. This includes a comprehensive review of your medical condition and prognosis, a meticulous investigation into the precise cause of the accident, and a careful consideration of all relevant legal factors. By gaining a holistic understanding of your circumstances, they can strategically determine the most effective legal pathways to pursue your claim. This may involve:

Collecting Accident Reports: Obtaining and analyzing police reports, incident reports, and other official documentation.
Gathering Medical Records: Compiling and interpreting your extensive medical history, treatment plans, and expert opinions.
Interviewing Witnesses: Locating and speaking with individuals who may have witnessed the accident or have relevant information.
Consulting with Experts: Collaborating with accident reconstruction specialists, medical professionals, and vocational rehabilitation experts to strengthen your claim.
Securing Photographic and Video Evidence: Obtaining and analyzing any visual documentation of the accident scene or your injuries.

Beyond investigation, an experienced spine injury attorney brings years of invaluable negotiation experience to the table, understanding the tactics often employed by insurance companies, whose primary goal is frequently to minimize payouts. Your lawyer will act as your advocate, engaging in strategic negotiations to pursue the maximum compensation you are rightfully entitled to receive. This proactive approach aims to secure a fair settlement that adequately addresses your present and future needs, potentially avoiding the stress and uncertainty of a trial.

What Happens When a Spinal Injury Turns Fatal?

When a spinal cord injury proves fatal due to another party’s negligence, the resulting legal action falls under the umbrella of a wrongful death claim. These cases arise from incidents where someone’s careless or reckless actions directly cause injuries that ultimately lead to the victim’s death. Under California Code of Civil Procedure 377.60, the immediate family members, such as spouses, children, or parents, may bring a wrongful death claim against the negligent party to recover damages for the losses they have incurred due to the untimely death of their loved one.

Unlike personal injury claims, where the injured party seeks compensation for their own losses, these claims are brought by surviving family members, often spouses, children, or parents. The focus shifts from the deceased’s pain and suffering to the financial and emotional hardships faced by those left behind, encompassing aspects like loss of financial support, loss of companionship, and funeral expenses.

Pursuing a wrongful death claim stemming from a fatal spinal cord injury in Santa Clara County requires a thorough investigation to establish both the negligence that caused the initial injury within the county and the direct causal link between that injury and the subsequent death. Legal representation experienced in wrongful death cases, particularly those involving complex spinal cord injuries, is crucial for navigating this intricate process within the local legal landscape. Your attorney will work to build a compelling case to secure just compensation for the profound and irreparable loss experienced by families.

Contact Our San Jose Spine Injury Attorney Today

After an accident in the South Bay area leaves you with a spinal cord injury, the road to legal recovery can seem daunting. Avoid going it alone. With our offices located in the heart of Downtown San Jose, our team is ready to stand by your side. Our attorney provides experienced guidance, clear answers to your legal questions, and personalized strategies designed for your unique situation. Take immediate action to protect your future.

Contact our team as soon as you are able for a complimentary consultation to discuss your claim. We will examine your situation to determine if you are able to file for financial recovery and work toward safeguarding your rights and maximizing your potential compensation.