Spinal Cord Injuries

A spinal cord injury can change every part of a person’s life in an instant. When someone else’s negligence caused it, California law allows you to recover the full cost of your care, lost income and the human losses that come with a life-altering injury.

On this page: How we help · Types of injuries · Causes · Who is responsible · Lifetime costs · Insurance · Deadlines · FAQ

Smith Trial Group represents people with spinal cord and serious back injuries caused by truck, car and motorcycle crashes, falls and other negligence throughout Southern California. Our results include a $10 million jury verdict for a client with severe back and knee injuries from an auto accident, a $1.7 million jury verdict for a back injury, and a $450,000 settlement for a client with a neck injury from a semi-truck collision. Results depend on the facts of each case. We handle these cases on contingency, so you pay no attorney fee unless we recover for you.

How a Spinal Cord Injury Lawyer Helps

Spinal cord injury claims are among the largest personal injury cases, and insurers defend them accordingly. Attorney Cardon Smith spent years defending Fortune 500 companies before founding this firm, so he knows how defendants and insurers evaluate these claims. We work to:

• Preserve the evidence of how the injury happened, from vehicle data to video and product evidence.
• Find every responsible party and policy, because one policy rarely covers a lifetime of care.
• Document lifetime needs with treating physicians, life care planners and economists.
• Answer the defense. Insurers often blame degenerative conditions or prior injuries. California law holds a defendant responsible for aggravating a pre-existing condition, and we build the medical evidence to show what the crash caused.
• Prepare the case for trial, which is what moves insurers to pay full value.

Types of Spinal Cord Injuries

• Complete injuries, in which there is no movement or sensation below the level of the injury
• Incomplete injuries, in which some function remains below the injury
• Tetraplegia (quadriplegia), from injuries to the cervical spine in the neck, affecting the arms, hands, trunk and legs
• Paraplegia, from injuries lower in the spine, affecting the legs and lower body

Not every serious spine case involves paralysis. Fractured vertebrae, herniated discs that compress nerves, and injuries that require spinal fusion surgery can cause permanent pain and limitations and support significant claims.

Common Causes

• Truck accidents and other commercial vehicle crashes
• Car accidents, especially high-speed and rollover crashes, and drunk driving crashes
• Motorcycle, pedestrian and bicycle collisions
• Falls from heights or on unsafe property
• Defective products, including vehicle seat and roof failures

Who Can Be Held Responsible

Depending on the facts, responsible parties can include an at-fault driver and their employer, a trucking or rideshare company, a property owner or contractor, a vehicle or product manufacturer, and a government agency responsible for a dangerous road. Employers are generally responsible for the conduct of employees on the job, which often brings commercial insurance into the case.

The Lifetime Cost of a Spinal Cord Injury

A spinal cord injury affects every part of life, and its costs continue for decades. A complete claim accounts for:

• Emergency care, surgery, hospitalization and rehabilitation
• Future medical care, medications and treatment of complications
• In-home care and attendant services
• Wheelchairs, mobility equipment, and home and vehicle modifications
• Lost income and loss of future earning capacity
• Pain, suffering, emotional distress and loss of enjoyment of life
• Effects on a spouse or partner, which may support a loss of consortium claim

To prove future needs, we typically work with treating physicians, life care planners who estimate lifetime care requirements, and economists who calculate their present value. California places no cap on pain and suffering damages in ordinary personal injury cases.

Finding Enough Insurance

The cost of a catastrophic injury often exceeds a single insurance policy. We look for every responsible party and every available policy, including commercial and employer policies, umbrella coverage, product manufacturers and your own underinsured motorist coverage. We also negotiate medical liens and coordinate with health insurance, Medi-Cal and Medicare so that more of the recovery goes to your future care, and can work with financial professionals on structured settlements and special needs trusts.

Deadlines

Most California personal injury claims must be filed within two years. Claims involving a government entity, including a dangerous road or public vehicle, generally require a government claim within six months. Early investigation also preserves evidence that can disappear quickly.

Areas We Serve

We handle spinal cord injury cases across Southern California, including Newport Beach · Irvine · Santa Ana · Los Angeles · Riverside · San Bernardino · San Diego. Related: catastrophic injuries, brain injuries and wrongful death.

Helpful resources: Christopher & Dana Reeve Foundation · NIH: Spinal Cord Injury

Frequently Asked Questions

How much is a spinal cord injury case worth?

It depends on the severity of the injury, the cost of lifetime care, lost earning capacity and available insurance. Spinal cord injury claims are among the most significant personal injury cases, and properly documenting future needs is essential.

Can I recover future medical costs?

Yes. California law allows recovery of reasonably certain future medical expenses. Life care planners and medical experts are often used to establish those costs.

What if I had back problems before the accident?

You can still recover. A defendant is responsible for aggravating a pre-existing condition, and for the harm the accident caused. Medical evidence comparing your condition before and after is key.

What if the at-fault driver has minimal insurance?

We look for additional responsible parties and policies, including employer coverage, umbrella policies and your own underinsured motorist coverage.

Is there a cap on damages for spinal cord injuries?

Not in ordinary personal injury cases in California. Caps apply mainly to medical malpractice cases.

How much does a spinal cord injury lawyer cost?

We handle spinal cord injury cases on contingency. You pay no attorney fee unless we recover for you, and the consultation is free.

Related guides: How much is my case worth? · What to do after a car accident · Dealing with the insurance adjuster