According to the Christopher and Dana Reeve Foundation, approximately 18,000 Americans are diagnosed with a new spinal cord injury each year. Sadly, many spinal cord injuries are preventable and only occur due to the negligence of another party, such as a driver or property owner. In cases involving negligence, victims of spinal cord injuries may have grounds for a personal injury lawsuit against the negligent party.
At the Cottle Firm, our experienced Las Vegas spinal cord injury lawyers help these victims fight for the financial compensation they deserve for damages like medical bills, lost wages, pain and suffering, emotional distress, and more. If you or a loved one has recently suffered a spinal cord injury in Las Vegas, you can learn more about your legal rights by calling the Cottle Firm at 702-722-6111.
Types of Spinal Cord Injuries
Spinal cord injuries are divided into three main classifications.
Complete vs. Incomplete Injuries
Spinal cord injuries may be classified as either complete or incomplete, depending on the extent of damage to the spinal cord. A complete spinal cord injury involves the total loss of sensation and motor function below the level of the injury, resulting in paraplegia or tetraplegia. An incomplete injury occurs when some degree of sensory or motor function is left intact.
Location-Based Classification
Spinal cord injuries are further categorized based on the specific location of the injury in the spinal cord. The four main locations are the cervical, thoracic, lumbar, and sacral regions, each of which has its own set of associated functions and potential complications. The severity of a spinal cord injury often depends on which region or regions are affected.
A cervical spinal cord injury affects the head and neck about the shoulders and is the most serious type of spinal cord injury. Thoracic spinal cord injuries impact the upper chest, abdominal muscles, and mid back, while arm and hand function is typically unaffected. In a lumbar spinal cord injury, the hips and legs are affected. Sacral spinal cord injuries impact the hips, buttocks, pelvic organs, and thighs.
Primary vs. Secondary Injuries
Beyond the initial trauma, spinal cord injuries can lead to secondary damage and complications over time. Primary injuries result from the initial impact or trauma and cause immediate damage to the spinal cord tissues. Secondary injuries, on the other hand, develop gradually over hours, days, or weeks after the initial injury. These often result from secondary processes like inflammation.
Common Causes of Spinal Cord Injuries
Spinal cord injuries can be caused in a variety of ways. According to Johns Hopkins Medicine, the most common injuries involve bending or compression of the spine or neck. Here are some of the most common causes of SCIs.
Falls
Falls are one of the leading causes of spinal cord injuries, especially among older adults. Common fall accidents that can lead to an SCI include slipping on wet floors, tripping over obstacles, or falling from heights. The impact on the spine during such falls can cause severe trauma.
Even seemingly minor falls can result in fractures or dislocations of the vertebrae, potentially damaging the spinal cord and causing lasting impairments. Prevention strategies like removing hazards, improving lighting, and using assistive walking devices can help mitigate the risk of falls and reduce the incidence of SCIs in both young and older populations.
Motor Vehicle Accidents
Motor vehicle accidents account for a substantial portion of spinal cord injuries in the United States. According to the National Institute of Neurological Disorders and Stroke (NINDS), they rank with falls as the top cause of SCIs.
The sheer force generated during these accidents can cause severe trauma to the spine and may result in fractures, dislocations, or compression injuries. Depending on the impact and the individual’s position within the vehicle, SCIs can vary in severity and location along the spinal cord.
Sports Injuries
Participating in high-impact or contact sports like football, rugby, or ice hockey carries a risk of spinal cord injuries. Collisions falls, or abrupt movements during athletic competition can lead to trauma and SCIs. While many sports organizations have implemented safety protocols and protective gear requirements to reduce the risk of such injuries, accidents can still occur.
Violence
Violent acts like assaults, shootings, or stabbings can all result in spinal cord injuries. The intentional infliction of harm can lead to severe spine trauma and SCIs with devastating consequences. Victims of violent crime may suffer fractures, dislocations, or penetrating injuries to the spinal cord that require long-term rehabilitation. In some cases, these spinal cord injuries can be fatal.
Infections
Infections in the spinal cord or surrounding tissues can cause abscesses to form on the spinal cord and may also lead to meningitis or spinal tuberculosis, all of which can cause inflammation and spinal cord damage. Prompt diagnosis and treatment of spinal infections are vital for preventing further damage and minimizing the risk of permanent impairment.
In some cases, an infection caused by medical malpractice may lead to a spinal cord injury or other health conditions. When this happens, the patient may have grounds for a medical malpractice lawsuit against the healthcare provider responsible for the injury.
Birth Injuries
Spinal cord injuries can occur during childbirth, although they are relatively rare compared to other causes. Factors like prolonged labor, difficult deliveries, or the misuse of obstetric instruments may increase the risk of trauma to the infant’s spine. Birth-related spinal cord injuries can lead to conditions like brachial plexus injuries, spinal cord compression, or vertebrae fractures.
Who Can Be Held Liable For a Spinal Cord Injury?
When someone suffers a spinal cord injury caused by the negligence of another party, that negligent party may be held liable for damages. Determining liability is one of the first steps in taking legal action and seeking financial compensation for damages. Let’s look at the various parties who may be held liable for causing or contributing to a spinal cord injury.
Drivers
When a spinal cord injury occurs in a motor vehicle accident, negligent drivers may be held liable. Common forms of negligent driving include speeding, reckless driving, driving under the influence of drugs or alcohol, or violating traffic laws.
Drivers who fail to exercise reasonable care while operating a vehicle may be held liable for the injuries and losses suffered by anyone injured in the crash. In such cases, victims may pursue compensation through a personal injury claim against the at-fault driver and their insurance company.
Property Owners
Property owners have a legal duty to maintain a safe environment for visitors and guests. If a spinal cord injury occurs due to dangerous conditions or hazards on the property, the property owner may be held liable for negligence under Nevada’s premises liability laws. Common hazards that can lead to spinal cord injuries include slippery floors, obstructions in walkways, uneven walkways, and inadequate lighting.
Premises liability law applies to virtually all types of properties, including residential properties, casinos, hotels, public spaces, construction sites, shopping malls, stores, and other locations. Property owners who fail to address known hazards or warn visitors of potential risks may be held accountable for injuries sustained on their premises.
Medical Professionals
In cases where a spinal cord injury results from medical negligence or malpractice, healthcare providers may be held liable for the harm caused to the patient. Some common forms of medical malpractice that can lead to spinal cord injuries include:
- Surgical errors
- Misdiagnosis or delayed diagnosis of spinal cord conditions
- Improper administration of medications
- Failure to provide adequate care and treatment
- Child delivery errors, such as misuse of forceps
Healthcare professionals, including doctors, surgeons, nurses, anesthesiologists, and hospitals, owe a duty of care to their patients and must adhere to accepted standards of practice. When their actions or emissions deviate from these standards and result in harm to a patient, they may be held accountable through a medical malpractice claim.
What Damages Are Available in a Spinal Cord Injury Claim?
In a personal injury claim for a spinal cord injury, various types of damages may be available to compensate the injured party for their losses and expenses. These damages are aimed at addressing both the economic and non-economic effects of the injury on the victim’s life.
Economic damages typically include medical expenses, such as hospital bills, surgeries, medications, rehabilitation therapy, and assistive devices. Additionally, victims may seek compensation for lost income and reduced earning capacity resulting from their inability to work due to the injury.
Non-economic damages encompass the pain and suffering, emotional distress, and loss of enjoyment of life suffered by the victim as a result of their spinal cord injury. These damages are more challenging to quantify but are equally important in making the victim whole.
Contact Our Las Vegas Spinal Cord Injury Attorneys
Spinal cord injuries can have profound and lasting effects on individuals and their families. When someone suffers a spinal cord injury due to the negligence of another party, they may have grounds for legal action to seek compensation for their damages.
Our experienced Las Vegas spinal cord injury lawyers at the Cottle Firm are dedicated to guiding victims through the legal process and helping them fight for the financial compensation they deserve. If you or a loved one has suffered a spinal cord injury in Las Vegas, don’t hesitate to reach out to us for a free consultation. We’re here to advocate for your rights and help you get the justice and compensation you’re entitled to.