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Texas Personal Injury Attorney | McKay Law

The spinal cord extends along your back, stretching from the skull to the tailbone. It consists of vertebrae (small bones), along with nerves, discs, and other tissues.

The nerves within the spinal cord play a crucial role in facilitating communication throughout the body. When part of the spinal cord is damaged, it can disrupt these signals, potentially impairing the function of certain body parts.

This is why spinal cord injuries can lead to paralysis. The severity of the injury depends on its location along the spinal cord. Damage higher up on the spinal column typically results in more serious consequences compared to injuries occurring at lower levels.

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    Types of Spinal Cord Injuries

    The impact of a spinal cord injury largely depends on whether the injury is classified as complete or incomplete:

    • Complete Injuries: These result in a total loss of sensation and function below the site of the injury.
    • Incomplete Injuries: These cause partial loss of sensation and function, allowing for some degree of movement or feeling below the injury site.

    The spinal cord is divided into four main segments, each with distinct functions and potential consequences when injured:

    The Cervical Spine

    The cervical spine (vertebrae C1-C7) is located in the neck and governs the body’s functions from the neck down, including the respiratory system. Injuries to this region can result in tetraplegia (paralysis from the neck down) and may lead to severe complications such as:

    • Loss of bladder and bowel control
    • Breathing difficulties
    • Speech impairments
    • Loss of muscle tone
    • Chronic pain
    • Depression

    Severe cervical spinal cord injuries can be life-altering, often requiring constant care and medical devices to sustain life. These injuries are considered catastrophic and can leave individuals unable to function independently.

    The Thoracic Spine

    The thoracic spine, located in the upper and middle back (vertebrae T1-T12), controls the chest, abdominal muscles, back muscles, and legs. Damage to this region can result in paralysis from the waist down in severe cases. Additional complications may include:

    • Impaired bladder and bowel function

    The Lumbar Spine

    Positioned below the thoracic spine, the lumbar spine (vertebrae L1-L5) is responsible for supporting the body’s weight. These vertebrae are more robust, making paralysis less common in this region. However, lumbar spinal cord injuries can still significantly impact daily life, causing:

    • Reduced leg strength
    • Difficulty controlling bladder and bowel functions

    In some cases, individuals may require wheelchairs or specialized equipment to maintain mobility and independence.

    The Sacral Spine

    The sacral spine, located at the base of the spinal cord, consists of fused vertebrae (S1-S5) forming a triangular shape. Injuries to this area are rare but can result in:

    • Pain
    • Loss of bladder and bowel control
    • Impaired motor function

    How Frequent Are Spinal Cord Injuries in the U.S.?

    Spinal cord injuries (SCIs) are a significant public health concern in the United States, affecting thousands of individuals each year. According to the National Spinal Cord Injury Statistical Center (NSCISC), approximately 17,810 new cases of spinal cord injuries are reported annually. These injuries can result from a variety of causes, including motor vehicle accidents, falls, acts of violence, and sports-related incidents.

    Currently, it is estimated that around 300,000 Americans are living with the long-term effects of serious spinal cord injuries. These individuals face a range of challenges, from physical limitations and medical complications to emotional and financial burdens. The impact of a spinal cord injury extends beyond the individual, often affecting families, caregivers, and communities.

    The prevalence of spinal cord injuries highlights the importance of prevention efforts, advancements in medical care, and support systems for those affected. Understanding the frequency and causes of these injuries can help drive awareness and foster initiatives aimed at reducing their occurrence and improving the quality of life for those living with SCIs.

    Common Causes of Spinal Cord Injuries in Texas

    A serious accident can change your life in an instant, and a spinal cord injury is one of the most devastating outcomes. These injuries can result in permanent disability, chronic pain, and significant financial hardship. Understanding the common causes of these injuries is the first step toward awareness and prevention. In Texas, a variety of incidents contribute to spinal cord injury statistics each year.

    Research from the National Spinal Cord Injury Statistical Center (NSCISC) reveals a startling trend. Since 2015, motor vehicle accidents have been the leading cause of spinal cord injuries across the United States, accounting for over a third of all new cases. This statistic is particularly relevant in Texas, with its vast network of highways and bustling city streets.

    However, collisions are not the only source of these life-altering injuries. A wide range of accidents and intentional acts can damage the delicate spinal cord.

    Some of the most common causes of spinal cord injuries in Texas include:

    • Car accidents: High-speed collisions on highways like I-35 or I-10, as well as accidents on busy urban roads, frequently lead to severe neck and back injuries.
    • Truck accidents: Given the significant commercial traffic in Texas, collisions involving large 18-wheelers often result in catastrophic injuries for those in smaller passenger vehicles.
    • Motorcycle accidents: Motorcyclists lack the protection of an enclosed vehicle, making them extremely vulnerable to spinal cord damage in a crash.
    • Pedestrian accidents: Individuals struck by vehicles while walking or jogging can easily suffer spinal injuries from the force of the impact.
    • Bicycle accidents: Similar to pedestrians, cyclists face a high risk of spinal cord injury when involved in a collision with a motor vehicle.
    • Fall accidents: These incidents are a leading cause of injury, especially among older adults. A slip and fall in a grocery store or a fall from a height at a worksite can have tragic consequences.
    • Workplace accidents: Industries like construction and oil and gas present unique dangers. Falls, equipment malfunctions, and other on-the-job incidents can lead to spinal injuries.
    • Construction accidents: Falls from scaffolding, being struck by falling objects, or equipment-related incidents are common causes on Texas construction sites.
    • Assault and gun violence: Intentional acts of violence are a significant and tragic cause of spinal cord injuries.
    • Defective products: When a product fails to work as designed—such as a faulty vehicle part or a defective ladder—it can lead to accidents that cause spinal damage.
    • Medical malpractice: Surgical errors or mistakes in medical care can sometimes result in direct injury to the spinal cord.

    If you or a loved one has suffered a spinal cord injury in Texas, navigating the path forward can feel overwhelming. The medical bills, lost wages, and need for long-term care create immense pressure. Speaking with an experienced lawyer is a critical first step toward securing your financial future and holding the responsible party accountable.

    To learn more about your legal rights and how our Texas personal injury lawyers can assist you, we invite you to call our law firm. We can arrange a free, no-obligation initial consultation to discuss your case and outline your options.

    You Have Limited Time to Protect Your Rights

    Under Texas law, the statute of limitations for filing a personal injury lawsuit is two years from the date of the injury. This means that if you’ve been injured due to someone else’s negligence—such as in a car accident, slip and fall, or other incident—you have a limited window of time to take legal action. Once this two-year period expires, you lose the legal right to pursue compensation for damages, including medical expenses, lost wages, pain and suffering, and other losses.

    It’s important to note that there are some exceptions to this rule. For example:

    1. Discovery Rule: In certain cases, the injury or its cause may not be immediately apparent. If the injury is discovered later, the statute of limitations may begin from the date the injury was discovered or reasonably should have been discovered.

    2. Minors and Incapacitated Individuals: If the injured party is a minor or legally incapacitated at the time of the injury, the statute of limitations may be paused (or “tolled”) until the individual turns 18 or regains capacity.

    3. Claims Against Government Entities: If your injury involves a government entity, such as a city or state agency, you may face additional notice requirements and shorter deadlines. In Texas, you typically must file a formal notice of your claim within six months of the incident, though some municipalities have even shorter timeframes.

    Because the statute of limitations is strictly enforced, it’s crucial to act quickly to protect your rights. Consulting with a personal injury attorney as soon as possible can help ensure that your claim is filed on time and that you don’t miss out on the compensation you deserve.

    What’s the Cost of Treating a Spinal Cord Injury?

    The costs of treating a serious spinal cord injury in Texas are overwhelming. Even without factoring in lost wages and reduced earning capacity, the average lifetime costs for a 25-year-old with a severe spinal cord injury can be staggering:

    • $5,100,941 for high tetraplegia (C1-C4 vertebrae)
    • $3,727,066 for injuries to C5-C8 vertebrae
    • $2,494,338 for paraplegia

    Any spinal cord injury comes with significant expenses. Studies show that about 30% of spinal cord injury victims are readmitted to the hospital at least once within the first year after their injury. On average, these hospital stays last around 18 days.

    As Texans know, medical bills can add up quickly. Our spinal cord injury attorneys are here to fight for the compensation you need to cover your medical expenses, lost wages, and more.

    What Damages Are Available to Spinal Cord Injury Victims in Texas?

    A spinal cord injury (SCI) is one of the most devastating events a person can experience. In an instant, a car crash, workplace accident, or fall can alter your life forever. Beyond the immediate physical pain, families in Texas often face an overwhelming financial burden.

    The cost of treating a spinal cord injury varies significantly from person to person, but it is almost always astronomical. The Christopher & Dana Reeve Foundation estimates that the lifetime cost for a 25-year-old with High Tetraplegia can exceed $5 million.

    If your injury was caused by someone else’s negligence, Texas law provides a path for you to recover compensation. Understanding exactly what damages are available is the first step toward securing your future.

    Understanding Compensation in Texas

    In Texas personal injury cases, compensation is generally divided into two main categories: economic damages and non-economic damages.

    Our legal team works closely with you, your doctors, and life care planners throughout the legal process. We need to understand not just what your medical needs are today, but what they will be five, ten, or thirty years from now.

    Here is a breakdown of what a fair damages award might include under Texas law.

    Economic Damages: Recovering Financial Losses

    Economic damages are intended to reimburse you for actual financial costs. These are objective losses that we can prove with bills, receipts, and expert testimony.

    Medical Expenses (Past and Future)

    The most immediate concern after an accident is paying for medical care. You can recover the costs of emergency room visits, surgeries, and hospital stays. However, an SCI is rarely a one-time medical event. We fight to secure compensation for:

    • Ongoing physical therapy and rehabilitation: This is critical for regaining or maintaining function.
    • Medical devices: Wheelchairs, walkers, and other assistive technologies often need replacement every few years.
    • Medication: Ongoing pain management and other prescriptions.

    Nursing and Attendant Care

    Many SCI victims require help with daily activities like bathing, dressing, and eating. Whether this care is provided by a professional in-home aide or a family member, it has a financial value. In Texas, you can seek compensation for the cost of this necessary assistance.

    Home and Vehicle Modifications

    Returning home after a spinal cord injury often requires significant changes to your living environment. Damages can cover the cost of:

    • Widening doorways
    • Installing ramps and lifts
    • Renovating bathrooms for accessibility
    • Purchasing a modified van for transportation

    Lost Wages and Earning Capacity

    If your injury has kept you out of work, you are entitled to reimbursement for those lost wages. However, the impact often lasts much longer than the initial recovery period.

    If you cannot return to your previous job, or if you cannot work at all, Texas law allows you to claim “loss of earning capacity.” This calculates the difference between what you would have earned over your lifetime had the accident not occurred, and what you are able to earn now.

    Non-Economic Damages: Compensation for Human Loss

    Money cannot fix a spinal cord, but it is the only remedy the civil justice system offers. Non-economic damages compensate you for the subjective, human losses that don’t come with a receipt.

    Pain and Suffering

    This covers the physical pain and discomfort you endured during the accident and throughout your recovery. It also accounts for chronic pain that may persist for the rest of your life.

    Mental Anguish

    Texas recognizes the severe emotional toll of a catastrophic injury. Damages for mental anguish address the depression, anxiety, fear, and grief associated with losing your mobility and independence.

    Physical Impairment and Disfigurement

    In Texas, physical impairment is a distinct element of damages. It compensates you specifically for the loss of enjoyment of life and the inability to participate in activities you once loved—whether that’s playing sports, hiking, or simply picking up your children. If the accident resulted in scarring or disfigurement, additional compensation is available.

    Wrongful Death Claims in Texas

    Tragically, not all spinal cord injury victims survive the trauma. If you have lost a loved one due to someone else’s negligence, our hearts go out to you. While no amount of money can replace a family member, Texas wrongful death laws allow surviving spouses, children, and parents to seek justice.

    In a wrongful death claim, you may be able to recover:

    • Funeral and burial costs: Covering the immediate expenses of laying your loved one to rest.
    • Loss of companionship and society: Compensation for the loss of the positive benefits flowing from the love, comfort, companionship, and society that the deceased would have provided.
    • Loss of financial support: Replacing the income and benefits the deceased would have contributed to the family.
    • Lost inheritance: What the deceased likely would have saved and left to heirs.

    Securing Your Future After an Injury

    Navigating the Texas legal system after a spinal cord injury is complex. Insurance companies often try to undervalue these claims, offering settlements that cover current bills but ignore the millions of dollars in future care you may need.

    You need a legal team that understands the medical reality of your injury and the nuances of Texas personal injury law. We are dedicated to fighting for the maximum compensation available so you can focus on what matters most: your recovery and your family.

    If you or a loved one has suffered a spinal cord injury in Texas, contact us today for a free consultation. Let us help you rebuild your life.

    Contact Our Texas Personal Injury Attorneys Today For Legal Help

    Have you or a loved one recently suffered a spinal cord injury in Texas? Contact McKay Law for immediate legal assistance and expert guidance. You may be entitled to compensation for medical expenses, rehabilitation costs, lost income, and other damages related to your injury. Our experienced Texas personal injury attorneys are dedicated to helping you secure the full and fair compensation you deserve.

    We offer free consultations to discuss your case. Call any of our Texas law offices today to schedule yours. If you’re unable to visit us, we can arrange to meet you at a location that works best for you—whether it’s your home, the hospital, or your workplace. Don’t delay—time is limited to take action. Contact us now to begin your path to justice.

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