Spinal Cord Injury FAQs

A spinal cord injury involves damage to the spinal cord or the surrounding tissue and bones. Depending on the location and severity of the damage, the injury may cause temporary or permanent changes in sensation, strength, movement, and other bodily functions below the affected area. Some people experience partial loss of function, while others face paraplegia or quadriplegia, breathing difficulties, chronic pain, or loss of bladder and bowel control. Rehabilitation may involve physicians, nurses, physical and occupational therapists, psychologists, vocational counselors, and assistive technology specialists. The effects often extend beyond medical treatment. A person may need home modifications, accessible transportation, personal assistance, new employment training, and ongoing support to participate in family and community life.

Spinal cord injuries may result from car and truck crashes, motorcycle accidents, falls, construction incidents, unsafe property conditions, defective products, acts of violence, or medical errors. The source of compensation depends on how the accident happened and who had the ability and legal responsibility to prevent it. Potentially liable parties may include careless drivers, commercial vehicle operators, employers, contractors, property owners, product manufacturers, or medical providers. More than one party may share responsibility. For example, a commercial crash may require examination of the driver’s conduct, the trucking company’s practices, vehicle maintenance, and defective components. Identifying every responsible party matters because the lifetime costs of a catastrophic injury can be substantial, and one insurance policy may not cover the full loss.

Most negligence claims require proof of duty, breach, causation, and damages. The injured person must show that the defendant owed a duty of reasonable care, failed to meet that duty, and caused the accident and resulting harm. Evidence must also establish the physical, financial, and personal losses attributable to the injury. Expert testimony is often essential in a spinal cord injury case. Accident reconstruction specialists, engineers, or medical experts may address how the event occurred and whether it caused or aggravated the condition. Treating physicians, rehabilitation professionals, life-care planners, vocational experts, and economists may explain future treatment, support needs, reduced earning capacity, and projected expenses. Available damages may include medical and rehabilitation costs, lost earnings, diminished earning capacity, personal care, equipment, home modifications, pain and suffering, and loss of enjoyment of life.

New York generally allows three years from the date of an accident to commence a personal injury lawsuit, but the deadline depends on the facts and the defendant. Claims involving medical malpractice are usually governed by a shorter period and special rules. When a municipality or another public entity may be responsible, a notice of claim may need to be served within 90 days, followed by additional procedural requirements. Other exceptions may apply based on the type of claim and the injured person’s circumstances. Even when a deadline appears distant, delays can allow surveillance footage, physical evidence, records, and witness memories to disappear. Early review can identify the governing time limits and preserve the materials needed to build the case.