Spinal Cord Injuries: Understanding Your Rights After a Life-Changing Injury
Suffering a spinal cord injury is one of the most traumatic experiences anyone can face. Whether it happens in a car crash, a fall, or an on-the-job accident, the impact on your body, lifestyle, and future can be profound. Everyday tasks become difficult or impossible, careers are put on hold or ended, and relationships often change in unexpected ways.
Fortunately, the law gives spinal cord injury victims the right to pursue compensation when someone else is at fault. Working with a personal injury attorney can help you take action during one of the hardest times of your life. My law firm at Jose Orihuela, Attorney at Law in Webster, Texas, can break down what victims and their families need to know after a spinal cord injury.
The Impact of a Spinal Cord Injury
The spinal cord is one of the body’s most vital structures, responsible for sending messages between the brain and the rest of the body. When it’s damaged, those messages are interrupted or lost entirely. That disruption can lead to partial or total loss of movement, feeling, and other essential functions.
Some spinal cord injuries result in temporary setbacks, but many lead to permanent disabilities. In either case, the consequences extend far beyond the injury itself. Here are a few common consequences of spinal cord injuries:
Loss of movement or paralysis: Victims may lose mobility in parts of their body, ranging from minor impairments to full paralysis (paraplegia or quadriplegia).
Chronic pain and nerve damage: Many people live with lasting pain, muscle spasms, and nerve issues.
Bladder and bowel control issues: Damage often disrupts these critical bodily functions.
Breathing problems: Higher-level injuries can affect the lungs and diaphragm.
Loss of independence: Many victims need help with daily activities, transportation, or full-time care.
The physical effects are only part of the story. Spinal cord injuries often lead to depression, anxiety, and PTSD, especially when someone is adjusting to a drastically different lifestyle. This emotional toll matters just as much as the physical challenges.
Leading Causes of Spinal Cord Injuries
Knowing how these injuries happen helps establish liability and determine what legal options you may have. In most cases, spinal cord trauma results from a sudden blow or forceful impact. Some common causes of spinal cord injuries include:
Motor vehicle accidents: Car, truck, and motorcycle collisions are among the top causes, especially when seat belts aren’t used or rollovers occur.
Falls: Slip-and-fall accidents, falls from ladders or rooftops, and unsafe property conditions can all lead to serious spinal injuries.
Workplace incidents: Construction workers, warehouse employees, and others in physically demanding jobs face a higher risk.
Acts of violence: Gunshots, assaults, and abuse sometimes result in severe spinal damage.
Recreational accidents: Diving into shallow water, sports injuries, or ATV crashes can all cause trauma to the spinal cord.
Each of these situations can give rise to a personal injury claim if another party’s negligence played a role. That’s where understanding your rights becomes critical.
Legal Rights of Spinal Cord Injury Victims
If your injury was caused by someone else’s carelessness, recklessness, or wrongful actions, you have the right to seek financial compensation under Texas law. That compensation can help cover your medical expenses, lost income, and other losses. Your legal rights include:
Filing a personal injury lawsuit: You can sue the at-fault party if their actions led to your injury, such as a distracted driver, careless property owner, or negligent employer.
Recovering medical costs and future care expenses: This includes everything from emergency care and surgery to physical therapy and long-term in-home support.
Pursuing lost wages and loss of earning capacity: If your injury affects your ability to work, you can seek compensation for both current and future income.
Claiming pain and suffering damages: Emotional trauma, physical pain, and the loss of enjoyment of life may also be compensable.
Seeking punitive damages (in some cases): If the responsible party acted with gross negligence or intentional harm, additional damages might be awarded to punish them.
Texas uses a modified comparative fault rule, which means you can still recover damages if you’re partly at fault, as long as you're not more than 50% responsible. However, your compensation will be reduced by your percentage of fault.
Building a Strong Personal Injury Claim
After a spinal cord injury, you’ll need more than just a medical diagnosis—you’ll need strong evidence that shows what happened, who caused it, and how it’s changed your life. That’s where working with a skilled personal injury attorney can make all the difference. Here are the key elements that can bolster a successful claim:
Clear proof of liability: You’ll need to show that the other party acted carelessly or wrongfully and that their actions directly caused your injury.
Medical records and expert testimony: Documentation from your doctors, surgeons, and rehabilitation specialists can back up the severity of your injury.
Detailed life impact statements: Statements from family, employers, and caregivers can help paint a full picture of your losses.
Accident reconstruction or investigation reports: These may be critical in car crash or worksite injury cases to show what went wrong.
Photographs and video footage: Visual evidence of the accident scene, your injuries, or unsafe conditions can strengthen your case.
Acting quickly is important. Texas has a two-year statute of limitations for personal injury claims, so waiting too long could stop you from recovering anything at all.
Long-Term Financial and Emotional Costs
Spinal cord injuries aren’t one-time events—they come with long-term, often lifelong consequences that affect every part of your life. These costs go well beyond the hospital stay. Some ongoing expenses and challenges can include:
Rehabilitation and physical therapy: These services can last months or even years and are rarely cheap.
Home modifications: Wheelchair ramps, stair lifts, widened doorways, and accessible bathrooms are often necessary.
Personal care aides or nursing support: Some people need around-the-clock assistance, while others may need part-time help with daily tasks.
Mobility equipment and vehicle modifications: Wheelchairs, scooters, and adapted vans or cars are often required.
Mental health support: Counseling and therapy for both the victim and their family can be essential for emotional healing.
These ongoing costs add up fast, and that’s why it’s so important to pursue a legal claim if someone else caused your injury. A fair settlement or verdict can help cover what insurance and savings might not.
What to Do After a Spinal Cord Injury
Your first priority after a spinal cord injury should always be your health and safety. Once immediate medical needs are handled, though, it’s important to protect your legal rights right away. Here are a few important steps you should take after an injury:
Get medical attention and follow all treatment plans: This creates a strong record of your injury and recovery.
Document everything: Keep records of appointments, prescriptions, lost workdays, home care needs, and any correspondence with insurers or third parties.
Avoid speaking with insurance adjusters alone: What you say could be used against you later. Let your attorney handle these conversations.
Consult a personal injury attorney early: The sooner you have legal support, the better your chances of recovering full compensation.
Stay off social media: Even an innocent post could be misinterpreted or used to weaken your case.
Acting quickly and strategically can help preserve your case and make sure you’re treated fairly throughout the process.
Reach Out Today
Living with a spinal cord injury brings enormous challenges, but you don’t have to carry the burden alone. With the right legal help, you can move forward with confidence. I serve clients in South Houston, Clear Lake, Friendswood, League City, Alvin, Houston, Dickinson, Bacliff, Kemah, Seabrook, Santa Fe, and Webster, Texas. Call today for a free consultation.