One moment, you’re driving home from work or enjoying a simple walk—and the next, everything changes. A spinal cord injury doesn’t just affect mobility; it alters your entire life, from your daily routine to your long-term health and financial well-being. If you or a loved one suffered a serious spinal cord injury, you’re not alone, and you have legal rights.
Spinal cord injury victims often face an overwhelming path ahead. Medical bills stack up, the ability to work may vanish, and the emotional toll can feel unbearable. That’s why fighting for maximum compensation through a spinal cord injury lawsuit or pursuing a spinal cord injury settlement isn’t just about money—it’s about justice, recovery, and reclaiming your life.
This guide walks you through everything you need to know about navigating the legal process, asserting your rights, and ensuring you receive the full and fair compensation you deserve.
Understanding Spinal Cord Injuries and Their Long-Term Impact
A spinal cord injury affects more than just the spine—it can lead to chronic pain, loss of movement, and even paralysis.
Some of the most common causes of spinal injuries include:
Motor vehicle accidents (such as car crashes or motorcycle collisions)
Falls, especially from significant heights
Acts of violence
Medical malpractice
Sports injuries
Many spinal cord injuries qualify as severe injuries that demand immediate medical intervention and long-term support.
After the injury occurred, victims often face:
Extensive medical care and rehabilitation expenses
Long-term physical therapy and occupational therapy
The need for assistive devices and medical equipment
Ongoing therapy for mental health and emotional trauma
What Damages Can You Claim After a Spinal Cord Injury?
Several laws protect injured persons and give them the right to seek compensation. If your injury occurred due to someone else’s negligence, whether it was a reckless driver or a negligent doctor, the law gives you grounds for a personal injury claim.
Negligence means that someone failed to act responsibly, and that failure caused harm. In legal terms, you can file a personal injury lawsuit against the party responsible and demand compensation for the following:
Economic Damages (Financial Losses)
Medical bills and ongoing medical care
Rehabilitation expenses and therapy
Future medical expenses, including long-term care
Lost wages or diminished earning capacity
Cost of assistive devices and home modifications
Medical equipment like wheelchairs or hospital beds
Non-Economic Damages (Emotional Impact)
Chronic pain and emotional distress
Loss of enjoyment of life
Emotional trauma caused by the sudden life change
Strain on personal relationships
In some spinal cord injury cases, courts may also award punitive damages. These are meant to punish especially reckless behavior and discourage others from doing the same.
State Laws (California, Nevada, Colorado)
Victims of spinal cord injuries have the legal right to pursue a wide range of damages through a personal injury claim or spinal cord injury lawsuit. Each state allows recovery for both economic damages (such as medical expenses and lost wages) and non-economic damages (such as emotional distress, pain and suffering, and loss of life enjoyment), though laws and compensation limits may vary.
California:
In California, spinal cord injury victims can recover both economic and non-economic damages without a statutory cap in most personal injury cases, including motor vehicle accidents and negligence claims.
Victims may claim:
Medical expenses and future medical care
Lost income, reduced earning ability
Rehabilitation expenses, like physical therapy or occupational therapy
Pain and suffering, damages, emotional trauma, and loss of enjoyment of life
Punitive damages in cases of gross negligence
Legal Reference: California Civil Code § 3333 allows full compensation for all harm proximately caused by another’s negligence, including both economic and non-economic losses, even if the extent of those losses wasn’t foreseeable at the time.
Nevada:
In Nevada, spinal cord injury victims can pursue fair compensation for damages resulting from medical malpractice, catastrophic injuries, or other forms of negligence. A spinal cord injury claim may include:
Past and ongoing medical care, including hospital stays, surgeries, and rehabilitation
Assistive devices, medical equipment, and future medical expenses
Lost wages and long-term loss of earning potential
Non-economic damages for emotional distress, chronic pain, and mental health challenges
Nevada law limits non-economic damages in medical malpractice cases to $350,000, with gradual increases each year beginning in 2024. These damages include pain and suffering, emotional trauma, and loss of quality of life.
Legal Reference: Nevada Revised Statutes §§ 41A.011 – 41A.100 — define professional negligence, outline compensation rights, and impose limits on noneconomic damages in injury cases involving health care providers.
Colorado:
Colorado uses a structured approach to compensation in spinal cord injury cases, especially where personal injury claims involve catastrophic injuries or long-term care needs. While the state places limits on non-economic damages, victims can still recover meaningful compensation when supported by evidence.
You may pursue damages for:
All medical expenses, including surgeries, therapy, and ongoing medical care
Lost income and diminished earning potential
Rehabilitation costs, medical equipment, and assistive devices
Pain and suffering damages, emotional distress, and loss of quality of life—capped by law but potentially increased with clear and convincing evidence
Punitive damages, where the at-fault party acted with extreme negligence
Legal Reference: Colorado Revised Statutes § 13-21-102.5 — limits non-economic damages in most personal injury cases, currently adjusted to approximately $642,180, with courts allowing higher awards if justified by strong evidence. Economic damages remain fully recoverable without a cap.
Why Insurance Companies Don’t Want You to Fight Back
Insurance companies typically focus on protecting their bottom line, which can lead to settlement offers that fall short of covering the true cost of a serious spinal cord injury. These early offers often come before spinal cord injury victims fully understand the long-term impact on their health, finances, and quality of life.
Accepting a quick settlement may result in compensation that does not reflect your full and fair compensation needs. Here’s why:
Incomplete evaluation of future medical care: Insurance claims often begin before doctors can assess the full scope of your recovery. This leads to settlements that may not include future medical expenses such as surgeries, physical therapy, occupational therapy, or home modifications required due to spinal cord injuries.
Limited consideration for emotional and psychological impact: Initial offers frequently overlook non-economic damages like emotional trauma, chronic pain, emotional distress, or the loss of life enjoyment that follows a serious spinal cord injury.
Complex language and decision pressure: Insurance representatives may use confusing terminology or create urgency to finalize your claim. This can prevent injured persons from understanding their legal rights or pursuing fair compensation through a spinal cord injury lawsuit.
Before you accept any settlement, it’s important to understand your legal options and how compensation claims are calculated. An experienced personal injury lawyer can help you hold the insurance companies accountable and fight for the full financial compensation your recovery demands.
How a Spinal Cord Injury Attorney Strengthens Your Case
Hiring an experienced spinal cord injury attorney can make a life-changing difference, especially when navigating complex spinal cord injury cases. A skilled legal team offers the legal assistance you need to investigate the circumstances surrounding the injury and challenge any lowball insurance offers.
Here’s what a dedicated spinal cord injury attorney will do:
Collect and analyze medical evidence and accident reports
Work with medical experts to estimate future medical care needs
Calculate both economic and non-economic damages
Deal directly with insurance claims adjusters
Prepare the case for trial if necessary
Fight for full financial compensation through negotiations or trial, ensuring all aspects of your injury and recovery are accounted for.
Most spinal cord injury attorneys work on a contingency fee basis, meaning you don’t pay unless they win your case.
You’re Not Alone
Recovering from a spinal cord injury is a difficult journey. You may find yourself grieving the life you knew, uncertain about the future, and struggling with the emotional trauma and financial burden that follow a serious spinal cord injury. But you don’t have to go through this alone.
At Bourassa Law Group, we recognize the strength it takes to move forward. We take time to understand your unique circumstances and advocate for the maximum compensation your recovery demands.
If you’re unsure how to move forward, don’t wait to seek legal assistance—your rights and recovery depend on timely action. Contact us today for a free consultation—we’re here to help you take the next step towards your recovery.
1-800-870-8910