Spinal cord injuries can be catastrophic and debilitating. With the potential to paralyze you or otherwise affect your ability to function normally, these injuries can disrupt your daily life, cause you anguish, and even put you out of work permanently.

If your spinal cord was injured in an accident and someone else is to blame, you may be entitled to damages. Our experienced spinal cord injury attorney in Fresno can help you recover lost wages, medical bills, pain and suffering, and any other compensation you’re owed under the law.  Call (559) 297-1118 for a free consultation.

Causes of Spinal Cord Injuries

Several common kinds of accidents can result in damage to the spinal cord. In many cases, another person may be at fault because their negligence caused or contributed to the injury. If a person or business was negligent, they are liable for any harm that resulted.

Slip-and-Fall Accidents

A fall in a public place can damage your spinal cord if you fall hard on your back. The owner or proprietor of the establishment may be at fault if they failed to: 

• Inspect the premises for safety before opening
• Address hazards in a timely fashion
• Adequately warn guests of potential dangers

Car Accidents

Spinal injuries often occur during car accidents. Impacts at high speeds can crumple a vehicle’s frame, causing trauma and pressure that damages the spine. Sudden stops can also cause vertebrae to jerk and dislocate. The other driver may be at fault if they are:

• Driving well in excess of the posted speed limit
• Driving while distracted
• Driving under the influence of alcohol or drugs
• Breaking any other traffic laws, including unsafe turns and lane changes

Workplace Accidents

Workers frequently injure their spines on the job, especially in industries like construction or manufacturing. California has a no-fault workers’ compensation system, so injuries are mostly compensated through the state. However, workers may sue if they were injured through criminal behavior or their employer’s wanton and willful negligence:

• Assault and battery on the job
• Fraudulent concealment of workplace hazards
• Machinery that has been modified in a way that caused the injury

Defective Products

Products with manufacturing defects can damage the spine or fail to prevent injuries as designed. California’s product liability law allows compensation for defects in design and manufacture as well as for the failure to warn of potential dangers. Some examples of defective products that may cause spinal cord injuries:

• Airbags and seatbelts
• Internal medical devices
• Car seats and strollers

Medical Malpractice

Errors or negligence by doctors, nurses, or other medical personnel can potentially have devastating effects on your spine. These include:

• Botched surgeries
• Defective or improperly installed medical devices
• Inappropriate dosages of anesthesia
• Improper nursing care or physical therapy

Violence

Spinal injuries can occur through an assault with a gun, blunt object, or other deadly weapon. You can seek compensation from the person who assaulted you as well as the owner of the premises if their failure to create a safe environment contributed to your assault.  Some examples include:

• A bar habitually overserves patrons, and one of them assaults you while intoxicated.
• A landlord doesn’t secure their property adequately, and someone breaks in and assaults you.
• A nightclub owner doesn’t hire enough security to manage its guests and a large-scale brawl breaks out, causing you injury.

The cause of a spinal cord injury shapes every aspect of a case, from how liability is established to the types of damages that can be recovered. At Tim Mazzela, APC, we examine the circumstances behind each injury to build a case that reflects the full scope of harm. Our team gathers evidence to prove responsibility, works with experts to document the medical and financial impact, and pursues compensation that covers medical care, lost income, long-term needs, and the personal toll of living with a spinal injury. We are skilled at holding negligent parties accountable and making sure the recovery truly matches the depth of the loss.

Kinds of Spinal Cord Injuries

Spinal injuries are broadly classified into two categories:

• Complete: An injury that completely blocks the transmission of messages from the brain, causing total paralysis below the position on the spine that was damaged
• Incomplete: An injury that partially inhibits nerve communication, affecting but not totally disabling organs below the area where the injury occurred.

Symptoms

According to the National Institute of Neurological Disorders and Stroke, spinal cord injuries have the following symptoms: 

• Full or partial paralysis of the limbs
• Numbing or tingling sensation in the extremities
• Pressure or pain in the head, neck, or back
• Loss of control over the bowel or bladder
• Feeling weak in any part of the body
• Difficulty walking or breathing
• Sexual dysfunction

How a Spinal Cord Injury Affects a Settlement

Personal injury settlement amounts vary greatly depending on the circumstances of a case, including the severity of the injury and the amount of negligence involved. That said, compensation tends to be higher for spinal cord injuries because they often involve expensive surgeries, require more therapy, and put you out of work longer.

If your spine has been injured in an accident, you may be entitled to three types of damages: 

• Economic damages: Actual costs and monetary losses attributable to the injury, including medical treatment, hospital bills, and lost wages, including future compensation in the case of complete paralysis
• Non-economic damages: Compensation for the loss of enjoyment in activities, such as sports, hobbies, and physical intimacy as well as pain, suffering, and post-traumatic stress
• Punitive damages: Additional damages if the defendant acted with extreme negligence and willful disregard of the health and safety of others.

Begin Building Your Case

A spinal cord injury attorney can help you gather the witnesses, expert testimony, documentation and other evidence you need to ensure you get the maximum compensation for your injuries. Your attorney will likely hire a private investigator, but there are a few ways you can help.

Proving the Other Party’s Liability

You’ll need to establish that the other party was at least partially to blame for your injuries. California is a comparative negligence state, which means you can win damages even if you contributed to your own injury so long as the other party also played a part. If you are able, you should begin building your case from day one:

• Take multiple pictures of the scene of your accident.
• Get a copy of the police report if the authorities are called.
• Identify witnesses and get the their contact information.
• Obtain copies of any surveillance footage.
• Seek medical attention immediately even if you don’t feel hurt.

Documenting Your Damages

To get the largest final settlement, you’ll need to fully account for any expenses or losses that related to your injury as well as any non-economic damages. 

• Collect all bills for doctors visits, hospital stays, outpatient therapy, etc.
• Assemble your pay stubs, schedules, leave requests and other paperwork.
• Keep a diary of any pain as well as symptoms or nightmares you experienced.
• Record missed family outings, sporting events, etc.

You Have a Limited Time to File Your Claim

Like most states, California has a relatively short window to bring a personal injury claim. This is because available evidence is less reliable as time passes. Physical evidence can be lost, and witnesses’ memories may become muddled. California’s statute of limitations for personal injury claims varies, depending on the type of claim:

• General personal injury: Two years
• Medical malpractice: One year
• Government torts: Six months

Having handled countless cases involving severe spine injuries, Attorney Tim Mazzela has a true understanding of the long-standing effects a spinal cord injury or other neck or back injury. In addition to coping with the pain and anguish that the injuries cause, victims of spinal injuries have to learn a new way of life – a life full of barriers and challenges that most people cannot understand.

If you’ve suffered a spinal cord injury and live in Fresno or the Central Valley, call Tim Mazzella. We’ve helped our clients get the compensation they’re owed since 1994. With more than three decades of experience litigating personal injury cases, we know how to develop a winning case from the ground up and deliver results for our clients. For a free consultation, call us today at (559) 297-1118 or send us a message via our contact form.