Some of the most catastrophic injuries accident victims can sustain in a personal injury case are those that impact the spinal cord. As part of the central nervous system, the spinal cord plays a vital role in coordinating sensation and motor function. If any of the nerve fibers or other tissues in the spinal cord get damaged in any way, there can be severe consequences.
Learn more about spinal cord injuries and what your options may be after sustaining one.
A Guide to Spinal Cord Injuries
There are many types of spinal cord injuries, but two of the most severe are tetraplegia (also known as quadriplegia) and paraplegia.
Tetraplegia refers to paralysis of all four limbs, as well as the pelvic organs and the trunk, due to damage to the cervical spine, which is the neck area of the spinal cord. The higher up the spine the injury occurs, the more severe the symptoms will generally be.
Paraplegia is a type of paralysis that affects the lower half of the body. It primarily affects the legs, but can also partially immobilize the trunk. These injuries are frequently the result of damage to the lumbar (lower back) or thoracic (mid-back) parts of the spinal cord.
Spinal cord injuries can be complete or incomplete. Complete injuries cause a total loss of motor and sensory function below the level of the injury. With an incomplete injury, the victim may retain some sensory and motor function.
Common Causes of Spinal Cord Injuries
Spinal cord injuries can happen in many different ways, but some situations are more common than others.
These serious injuries often occur in:
- Motor vehicle accidents, including high-speed crashes and truck accidents that cause direct trauma to the spine
- Collisions that lead to violent back-and-forth movement, which can cause whiplash and damage the cervical spine
- Falls that fracture vertebrae, allowing bone fragments to press on or cut nearby nerves
- Incidents that cause herniated discs or narrowing of the spinal canal, putting pressure on the spinal cord
- Workplace accidents involving heavy machinery, such as being struck by a large forklift or similar equipment
- Medical malpractice, including surgical errors or improper patient positioning that put the spine at risk
No matter how the injury happens, prompt medical care and legal guidance can be critical to protecting the victim’s health, rights, and future.
Filing a Personal Injury Claim After a Spinal Cord Injury
If another party’s careless or reckless actions caused your spinal cord injury, you may have the right to file a personal injury claim. To succeed, you must show that the other party owed you a duty of care, failed to meet that duty, and directly caused your injury and losses. In spinal cord cases, those losses can be very large because these injuries are often permanent.
You may be able to seek money for medical treatment, rehabilitation, equipment like wheelchairs, and future care needs. Because Louisiana is an at-fault state for motor vehicle accidents, you must also prove that the other driver or party was responsible for the crash that led to your spinal cord damage.
How Fault Affects Your Spinal Cord Injury Case in Louisiana
Fault plays a major role in how much compensation you can receive after a spinal cord injury. Louisiana is shifting from a pure comparative negligence system to a modified comparative negligence rule. Under pure comparative negligence, you could recover damages even if you were 99% at fault, but your award would be reduced by your share of blame.
The new modified comparative fault standard takes effect on January 1, 2026. Under this rule, you can only recover compensation if your share of fault is below 51%. This makes it even more important to gather strong evidence showing that the other party was mostly responsible for your spinal cord injury.
Statute of Limitations for Spinal Cord Injury Claims
Every state has a deadline for filing a personal injury lawsuit, known as the statute of limitations. In Louisiana, most personal injury claims must be filed within two years from the date of the accident. This is one of the shortest filing periods in the country, and missing it usually means losing your right to pursue compensation.
There are limited exceptions, such as cases involving medical malpractice or injuries that were not immediately discoverable. Because spinal cord injuries can involve complex timelines, it is important to speak with an attorney as soon as possible so your claim is protected and filed on time.
Contact the Baton Rouge Personal Injury Lawyers at Mansfield Melancon Car Accident and Personal Injury Lawyers for Help Today
A spinal cord injury can change your life in an instant, but you do not have to face the aftermath alone. Our Baton Rouge personal injury attorneys understand the medical, financial, and emotional challenges that come with these cases. We can investigate what happened, explain your legal options, and stand up to the insurance companies on your behalf.
If you or someone you love suffered a spinal cord injury because of another party’s negligence, contact our Mansfield Melancon Car Accident and Personal Injury Lawyers team today, or give us a call at (225) 263-4787. We are here to guide you through the legal process and help you pursue the compensation you need to move forward with confidence. Let our team support you during this difficult time.