Car accidents are a leading cause of spinal cord injuries in the United States. Some spinal injuries cause permanent paralysis, but other common spinal injuries after a car accident include fractures, whiplash, or herniated discs.
Recovery from a spinal injury can stretch over months or years and devastate a family financially and psychologically. A Waxahachie car accident lawyer experienced in working with severely injured clients can guide you through the complicated compensation claim process.
Types of Spinal Injuries Resulting from Car Crashes
Your spinal column contains 33 vertebrae, which are small, stacked bones. Each has flexible facet joints made of cartilage. The joints are conduits for nerve roots and help your back move safely.
Soft discs act as cushions between the vertebrae, and a tunnel runs through the middle of the column, carrying the bundle of nerves called the spinal cord.
A spinal injury can affect any part of your spine. The resulting damage could cause you to experience these symptoms:
- Numbness
- Shooting pain
- Difficulty walking
- Loss of bladder or bowel control
- Paralysis
Here are some common spinal injuries resulting from car accidents.
Herniated Discs
The force of impact in a car crash can cause a disc to tear or rupture, causing the gel to leak. A disc could also slip out of place. Without the proper padding between two vertebrae, the pressure can cause pain or numbness in your limbs or severe pain around the affected area in your back.
Fractured Vertebrae
Your spinal column runs from the base of your skull to your tailbone. If even one vertebra breaks, your spinal cord is at risk, and you will feel significant pain in your back. You may have numbness or tingling in your limbs or loss of bladder control.
Whiplash
A car crash could cause your head and neck to whip back and forth, injuring your cervical spine comprising the seven vertebrae in the neck. This trauma can damage the nerve roots, joints, discs, or ligaments, causing you to experience pain and difficulty turning your head.
Facet Joint Injury
Damaged facet joints often lead to severe pain at the site or in other areas of the body. You might have limited mobility during recovery.
Spinal Stenosis
A car accident may cause the tunnel running through your spinal column to shrink and squeeze your spinal cord. This shrinkage can affect your ability to walk, and you may feel pain or numbness.
Spinal Cord Injury
Because your spinal cord comprises the nerves that control movement and sensory information, an injury to the spinal cord can cause complete or partial paralysis, weakness, respiratory problems, and other medical challenges.
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Compensable Damages for Spinal Injuries After a Car Wreck
If you suffered spinal injuries in a car wreck caused by another person’s negligence, you may be entitled to pursue a compensation settlement or judgment for your losses. The damages you’ve sustained will differ from what others have lost. However, a typical compensation claim for a spinal injury might include:
- Medical bills for specialist care, hospital stays, surgeries, rehab, physical therapy, medical devices and equipment, diagnostic testing, and estimated aftercare
- The repair or replacement of your car or other property damaged in the wreck
- Income lost during recovery or the difference in income if you must work reduced hours
- Loss of future earnings if you cannot return to work
- Adaptations to your home and vehicle to meet your current and future needs
- Pain and suffering
- Emotional trauma
- Loss of quality of life
How Does a Spinal Injury Case Proceed?
An attorney versed in Texas personal injury laws can help you navigate your compensation claim. Generally, your lawyer builds a case that conforms to the circumstances of your accident, with the general progression following these steps.
Investigation
Your legal team will investigate the accident for evidence of negligence. They may interview eyewitnesses, collect medical records and police reports, reconstruct the crash, review CCTV videos, and comb the scene for physical proof.
Negotiation
After identifying your recoverable losses, your lawyer will complete your compensation claim and file it with the liable party’s insurers. Your car accident attorney can negotiate on your behalf for a settlement that helps return your life to how it was before the crash and recognizes how it could affect your everyday life in the future.
Trial
Both parties settle most personal injury cases out of court. When they can’t agree on a settlement through negotiations, going to trial may be the only option left. If you pursue a compensation verdict or judgment, your attorney will represent you in court.
What Is the Statute of Limitations to Begin Legal Action After a Car Crash in Texas?
If you cannot settle your case after extensive negotiations, you have two years from the date of the car accident to begin legal action against the negligent party. However, there are exceptions to the statute of limitations, which could be critical if you miss the deadline to file a personal injury lawsuit because, otherwise, the judge might bar you from seeking compensation via the court system.
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Can You Recover Compensation if You Are Partially to Blame for the Crash?
You may recover some compensation for your losses even if you were partially at fault for the car accident. Texas has a proportionate responsibility law that allows you to recover a percentage of your losses, provided the jury finds you to be 50% or less responsible for the crash.
For instance, if the jury finds you 10% at fault and awards $200,000 in damages, you may recover 90% ($180,000) of your compensable damages.
You cannot recover compensation if you are more than 50% at fault.
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Call Clay Jenkins & Associates for Guidance After Your Car Accident
Clay Jenkins & Associates has recovered tens of millions of dollars for injured Texans since 1948. We are dedicated legal professionals who won’t stop fighting for you and your family.
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