When a spinal cord injury (SCI) occurs, the immediate concern typically focuses on the medical impact on the injured person. However, comprehending the legal differences between complete vs incomplete spinal cord injuries is essential.
This applies particularly for individuals seeking compensation following traumatic events such as motor vehicle accidents, sports injuries, gunshot wounds, or cases involving medical malpractice.
The Fundamentals of Spinal Cord Injuries
The spinal cord, encased and protected by the spinal column, is composed of essential nerve cells responsible for transmitting messages between the brain and the body.
When an injury occurs, damage to these nerves profoundly disrupts a person’s life, affecting sensory and motor function, muscle control, and critical bodily functions like bowel control, blood pressure regulation, and sexual function.
Injuries may arise from various traumatic events, including motor vehicle accidents, sports injuries, gunshot wounds, or even medical malpractice.
Complete Spinal Cord Injury: Total Loss
A complete spinal cord injury results in the absolute loss of sensory and motor function below the injury site. This typically occurs when the spinal cord is completely severed or significantly damaged, causing complete paralysis.
Individuals with complete SCI commonly face severe medical challenges such as chronic pain, altered muscle tone, pressure sores, blood clots, increased risk of pneumonia, and the inability to control essential functions like bowel and bladder movements.
Medical professionals often categorize complete spinal cord injuries by the specific vertebral region affected:
1. Cervical spine injuries (neck region):
Typically causes quadriplegia, impacting all four limbs and often chest muscles, impairing respiratory function.
2. Thoracic spine injuries (upper back):
Commonly results in paraplegia, impacting lower limbs and potentially affecting blood pressure and core muscle function.
3. Lumbar and sacral spine injuries (lower back):
May severely affect lower limb mobility, bowel, bladder, and sexual functions.
Incomplete Spinal Cord Injury: Partial Preservation
In contrast, incomplete spinal cord injuries involve partial damage to the spinal cord, allowing the injured person to retain some motor or sensory function below the injury site. Incomplete injuries vary considerably, each affecting individuals differently:
Anterior Cord Syndrome:
This syndrome involves damage to the anterior part of the spinal cord, causing significant loss of motor function and impairment of sensory perception, especially related to pain and temperature.
Central Cord Syndrome:
Often affecting the cervical spine, this syndrome impacts chest muscles and upper limb motor function more severely than lower limbs. It is commonly seen after hyperextension injuries in older individuals and is the most common type of incomplete SCI.
Posterior Cord Syndrome:
A rare condition involving damage primarily to the posterior part of the spinal cord, resulting mainly in sensory deficits while leaving motor skills largely intact.
The American Spinal Injury Association (ASIA) provides detailed classifications to assess spinal cord injury severity, greatly influencing prognosis and treatment approaches for spinal cord injury survivors.
Legal Distinctions Between Complete and Incomplete SCI
Legally, complete spinal cord injuries typically involve higher compensation claims due to their extensive and lifelong implications.
Legal Rights Under California Law
California Civil Code § 3333 permits injured individuals to receive full compensation for all damages directly resulting from another party’s negligence. This compensation covers both economic and non-economic losses, regardless of whether the full extent of these losses was foreseeable at the time the negligent act occurred.
Compensation addresses substantial medical bills, ongoing medical care, intense physical therapy, occupational therapy, emotional support, and modifications for accessibility in the home and vehicle. Complete paralysis substantially limits independence, justifying higher settlements or awards.
Why There’s Hope
Incomplete SCI, while severe, often presents opportunities for functional recovery. Aggressive treatment and rehabilitation can enable more than half of individuals with incomplete spinal injuries to regain significant normal function.
However, achieving this functional recovery is financially and emotionally demanding, necessitating compensation to support extensive rehabilitation and lifelong medical care.
An experienced spinal cord attorney can be the perfect solution to understanding these legal differences better and getting suitable compensation.
Factors Impacting SCI Severity and Legal Outcomes
Several factors influence the severity of spinal injuries and associated legal claims:
Injury Level:
Injuries at higher regions, especially the cervical spine, typically result in more severe impairments, including paralysis of limbs and compromised respiratory function.
Injury Cause:
The context of the injury, such as motor vehicle accidents, sports injuries, gunshot wounds, or medical malpractice, significantly influences the complexity of legal claims, including issues related to liability, negligence, and insurance disputes.
Medical Malpractice:
Medical negligence, including improper diagnosis, delayed treatment, surgical errors, or poor postoperative care, can exacerbate spinal injuries, intensifying medical conditions and complicating legal proceedings.
Secondary Complications:
Legal claims may also address secondary complications like chronic infections, pressure sores, psychological trauma, and severe emotional distress, each significantly impacting quality of life and medical costs.
Common Mistakes in SCI Cases
Spinal injuries can often lead to complete loss or complete injury, but the difference between complete and incomplete spinal injuries doesn’t matter if victims make basic mistakes.
These mistakes not only damage their cases but can also make life-threatening injuries worse. For instance, damage to the nervous system at the site of the injury can have long-term life impacts.
Delayed Legal Action
Delaying legal consultation after a spinal cord injury can significantly harm your claim. Timely legal action is essential to gather critical evidence, secure witness statements, and preserve medical records that support your case. Waiting too long can result in lost evidence and diminished compensation opportunities. Here’s why spinal cord victims take action in the first place.
Inadequate Medical Documentation
Incomplete or inaccurate medical documentation can severely undermine your legal claim. Comprehensive medical records clearly outlining the extent of injuries, treatments received, rehabilitation efforts, and future medical needs are crucial.
They are essential for demonstrating the full impact of your injury. Without detailed medical documentation, proving the severity and long-term implications of your injury becomes more challenging.
Settling Too Early
Many individuals mistakenly accept early settlement offers without fully understanding the long-term costs associated with spinal cord injuries.
Initial offers from insurance companies are often significantly lower than the amount needed to cover lifelong medical care, rehabilitation, lost earnings, and quality-of-life adjustments.
Consulting experienced legal counsel before accepting any settlement ensures adequate compensation for present and future needs.
Challenges in SCI Legal Cases To Know
1. Proving Liability
Establishing clear liability is a major challenge in spinal cord injury cases. Proving negligence or fault requires meticulous collection and presentation of evidence, expert testimonies, accident reconstructions, and detailed medical analyses. Often, liability may be contested by defendants, necessitating extensive legal expertise to substantiate claims effectively.
2. Calculating Damages
Accurately calculating damages in spinal cord injury cases is complex due to the extensive range of potential expenses.
Costs include immediate medical care, long-term rehabilitation, future medical treatments, adaptive equipment, home modifications, ongoing care support, and lost earnings.
Expert witnesses specializing in healthcare economics and vocational rehabilitation often assist in accurately projecting these costs to ensure comprehensive compensation.
3. Insurance Company Resistance
Insurance companies frequently resist spinal cord injury claims due to the high financial stakes involved. They may dispute the severity of injuries, question liability, or attempt to minimize payouts.
Overcoming insurance company tactics requires experienced legal representation capable of strategically negotiating, presenting compelling evidence, and advocating effectively throughout the claims process.
Diagnosing and Evaluating Spinal Cord Injuries
Precise diagnosis through advanced imaging techniques such as Magnetic Resonance Imaging (MRI), CT scans, and assessments involving cerebrospinal fluid analysis helps medical professionals determine the injury type, severity, and exact location along the spinal column.
Accurate diagnosis directly impacts medical care decisions, rehabilitation strategies, and legal documentation supporting claims. However, if you feel like you cannot do all of this on your own, discussing the situation with a spinal cord injury lawyer may be a good option.
Bottom Line: Recovery and Rehabilitation:
Rehabilitation is crucial for spinal cord injury survivors. Comprehensive physical and occupational therapy significantly enhances the chances of recovering motor and sensory functions, particularly among those with incomplete spinal injuries.
Therapy sessions focus on improving muscle tone, regaining muscle control, and facilitating maximum functional recovery. Additionally, emotional support, psychological counseling, peer support groups, and mental health resources play pivotal roles in adjusting to life changes following spinal injuries.
Protect Your Rights and Secure Your Future
If you or a loved one has sustained a spinal cord injury, complete or incomplete, taking prompt legal action is essential.
Bourassa Law Group offers expert, compassionate legal representation tailored to the complexities of spinal injury cases.
Contact Bourassa Law Group today to discuss your case with our spinal cord injury lawyer. We will help you begin your journey toward securing the compensation and support necessary for your recovery and future stability.
1-800-870-8910