Understanding Spinal Cord Injuries | Texas Spinal Cord Injury Lawyer

A spinal cord injury is one of the most devastating things that can happen to a person. In an instant, you go from living your normal life to facing paralysis, a lifetime of medical care, and expenses that can exceed $5 million. If someone else’s negligence caused your injury, you have the right to pursue compensation for everything you’ve lost and everything you’ll need going forward.

At Varghese Summersett, our Texas spinal cord injury lawyers understand both the medical complexity and the legal challenges of these cases. We know that insurance companies will fight hard to minimize what they pay because the stakes are so high. We fight harder. With offices in Fort Worth, Dallas, Houston, and Southlake, we represent spinal injury victims across Texas and have the resources to take on the toughest cases.

Call (817) 203-2220 for a free consultation with a Texas spinal cord injury attorney.

Understanding Spinal Cord Injuries

The spinal cord is the body’s information superhighway. It carries signals between your brain and the rest of your body, controlling movement, sensation, and automatic functions like breathing and blood pressure. When the spinal cord is damaged, those signals get interrupted or stopped entirely.

A spinal cord injury occurs when the vertebrae, ligaments, or discs of the spine are damaged, or when the spinal cord itself is bruised, crushed, or severed. The severity depends on where along the spine the damage occurs and whether the injury is “complete” (total loss of function below the injury) or “incomplete” (some function remains).

Unlike many injuries, the spinal cord cannot heal itself. While medical advances have improved outcomes for some patients, most spinal cord injuries result in permanent disability that affects every aspect of the victim’s life.

How the Level of Injury Affects Your Life

Your spine is divided into four regions, and the location of your injury determines what functions you’ll lose. Understanding this is critical because it directly affects both your medical needs and the value of your claim.

Cervical Spine Injuries (Neck Region: C1-C8)

Injuries to the cervical spine are the most severe and result in tetraplegia, commonly called quadriplegia. This means paralysis affects all four limbs and the torso.

High cervical injuries (C1-C4) are the most devastating. Damage at this level typically causes paralysis of the arms, hands, trunk, and legs. Many patients lose the ability to breathe on their own because the nerves that control the diaphragm originate at C3-C5. Patients with C1-C3 injuries often require permanent ventilator support. They cannot cough effectively to clear their lungs, control their bladder or bowel, or regulate their body temperature normally.

Lower cervical injuries (C5-C8) still cause quadriplegia but usually spare the ability to breathe independently. Patients may retain some arm function depending on the exact level. Someone with a C5 injury might be able to bend their elbows but not move their wrists or hands. A C7 injury might allow wrist movement but impair hand function. Most patients at this level can operate a powered wheelchair.

Thoracic Spine Injuries (Upper and Mid-Back: T1-T12)

Injuries to the thoracic spine result in paraplegia, meaning the legs and lower body are affected but arm function remains intact.

High thoracic injuries (T1-T5) affect the upper chest, mid-back, and abdominal muscles. Patients retain full arm and hand function and typically use manual wheelchairs. However, they face increased risk of a dangerous condition called autonomic dysreflexia, which we’ll discuss later.

Lower thoracic injuries (T6-T12) affect the abdominal and back muscles. Patients generally maintain normal upper body control and good trunk stability. Some may be able to stand with leg braces or frames, though walking any significant distance is usually not possible.

Lumbar and Sacral Spine Injuries (Lower Back: L1-S5)

Lumbar injuries (L1-L5) affect the hips and legs. Patients may lose varying degrees of leg function but can often walk with braces or other assistive devices. Bladder and bowel control are typically impaired.

Sacral injuries (S1-S5) are the least severe in terms of mobility. Many patients can walk, though they may have weakness or altered sensation in the legs and feet. The primary deficits involve loss of bladder, bowel, and sexual function.

Dealing with a life-changing spinal injury? Call us today for a free case evaluation.

Complete vs. Incomplete Injuries: Why Classification Matters

Doctors use the American Spinal Injury Association (ASIA) Impairment Scale to classify spinal cord injuries. This classification affects your prognosis, your treatment plan, and ultimately the value of your case.

ASIA A (Complete Injury): No sensory or motor function is preserved below the level of injury. The patient cannot feel or move anything in the affected areas. Complete injuries have the poorest prognosis for recovery.

ASIA B, C, D (Incomplete Injuries): Some sensory or motor function remains below the injury level. Patients with incomplete injuries have varying degrees of preserved function and generally better prospects for improvement with rehabilitation.

Several specific incomplete injury patterns exist, and understanding them helps predict outcomes:

Central Cord Syndrome is common in older adults who suffer hyperextension injuries, such as falls where the head snaps backward. It causes weakness that is more pronounced in the arms than the legs. Many patients can walk but have difficulty with fine motor tasks like buttoning shirts or writing.

Anterior Cord Syndrome results from damage to the front part of the spinal cord, often due to interrupted blood supply. Patients lose motor function and the ability to feel pain and temperature below the injury, but they can still sense position and vibration. This syndrome has a poor prognosis for motor recovery.

Brown-Sequard Syndrome occurs when one side of the spinal cord is damaged, often from penetrating trauma like a stabbing. It causes paralysis on the same side as the injury but loss of pain and temperature sensation on the opposite side. This pattern often has the best prognosis among incomplete injuries.

What Causes Spinal Cord Injuries in Texas?

Vehicle accidents account for approximately 38% of all spinal cord injuries nationwide, making them the leading cause. In Texas, with its sprawling highways and high speed limits, car accidents are a major source of catastrophic spinal trauma. However, many spinal injuries stem from causes that go beyond simple driver negligence.

Motor Vehicle Accidents

Truck accidents on Texas interstates generate tremendous force due to the size and weight of commercial vehicles. An 80,000-pound 18-wheeler striking a passenger car can cause devastating spinal injuries even in relatively low-speed collisions.

Rollover accidents are particularly dangerous for the spine. When a vehicle rolls, the roof becomes the primary protection for occupants. If the roof crushes inward, it reduces the survival space and can compress the spinal cord. Vehicles with a high center of gravity, like SUVs and pickup trucks, are more prone to rollovers.

Motorcycle accidents frequently result in spinal injuries because riders lack the protective enclosure of a vehicle. When a motorcyclist is thrown from their bike, the spine often absorbs the impact.

Vehicle and Product Defects

Sometimes spinal injuries result not just from the accident itself, but from defects in the vehicle or its safety systems. When injuries seem disproportionate to the severity of the crash, a product liability investigation may reveal:

Roof crush defects: Some vehicle roofs are too weak to withstand rollover forces. When the roof collapses, it can cause devastating head and neck injuries. Manufacturers sometimes argue that occupants “dive” into the roof due to centrifugal force, but evidence shows a clear link between the extent of roof crush and the severity of neck injuries.

Seatbelt failures: Seatbelts can fail in several ways. “Inertial unlatching” occurs when crash forces cause the buckle to release. “False latching” happens when the buckle appears engaged but isn’t actually locked. “Spooling” or retractor failure allows too much slack in the belt. Any of these defects can leave an occupant unrestrained or improperly restrained during a crash.

Seatback failures: In rear-end collisions, the front seat must remain rigid to protect the occupant. If the seatback collapses backward, it can act as a ramp that launches the occupant toward the rear of the vehicle, causing severe neck and back injuries. Federal safety standards for seatback strength are so minimal that even cheap lawn furniture can pass them.

Tire defects: Tread separations can cause sudden loss of vehicle control and rollovers. Tires degrade over time due to oxidation, becoming brittle and prone to failure even with plenty of tread remaining. Manufacturers have long known that tires older than six years pose significant risks, yet many fail to warn consumers.

Falls and Workplace Accidents

Construction site falls from scaffolding, ladders, or roofs are a leading cause of workplace spinal injuries. Slip and fall accidents at businesses can also cause spinal trauma, particularly in older adults who may have pre-existing spinal conditions that make them more vulnerable.

Acts of Violence

Gunshot wounds and assaults account for a significant percentage of spinal cord injuries. When violence causes your injury, you may have claims against the perpetrator as well as third parties who failed to provide adequate security.

The Lifetime Cost of a Spinal Cord Injury

Spinal cord injuries are among the most expensive injuries to treat and manage. The costs are staggering and extend far beyond initial medical care.

According to the National Spinal Cord Injury Statistical Center, first-year medical costs alone average:

• High tetraplegia (C1-C4): Over $1.1 million in the first year
• Low tetraplegia (C5-C8): Approximately $830,000 in the first year
• Paraplegia: Approximately $560,000 in the first year

Annual costs for subsequent years range from $45,000 for incomplete motor injuries to nearly $200,000 for high tetraplegia. A 25-year-old who suffers high tetraplegia faces estimated lifetime costs exceeding $5 million. This figure does not include lost wages, which are substantial given that most spinal cord injury victims cannot return to their previous employment.

These costs cover ongoing medical care, but they don’t fully capture the expenses families actually face. You’ll likely need:

• Wheelchair and mobility equipment: A quality power wheelchair costs $15,000 to $30,000 and must be replaced every five to seven years. Custom seating systems, backup wheelchairs, and manual chairs for travel add thousands more.
• Home modifications: Widened doorways, accessible bathrooms, ramps, stair lifts, and modified kitchens can cost $50,000 to $100,000 or more.
• Vehicle modifications: Wheelchair-accessible vans cost $40,000 to $80,000. Hand controls and other adaptive equipment add to the expense.
• Personal care assistance: Many spinal cord injury patients require help with daily activities like bathing, dressing, and transfers. Full-time caregivers can cost $50,000 to $100,000 per year or more.
• Ongoing therapy: Physical therapy, occupational therapy, and other rehabilitation services are needed throughout life to maintain function and prevent complications.

The costs of a spinal injury can be overwhelming. Contact us to learn how we fight for maximum compensation.

Medical Complications That Drive Up Costs

Spinal cord injury survivors face numerous secondary health complications that require lifelong management. These complications significantly increase both medical costs and the disruption to daily life. Understanding them is essential for accurately valuing your claim.

Respiratory Problems

Respiratory failure is the leading cause of death among spinal cord injury patients. High cervical injuries (C1-C4) can paralyze the diaphragm, making independent breathing impossible. Even lower injuries impair the ability to cough effectively, leading to mucus buildup, pneumonia, and collapsed lung tissue. Long-term management may require ventilators, diaphragm pacing systems, or assisted coughing devices.

Autonomic Dysreflexia

This is a life-threatening emergency that can occur in patients with injuries at T6 or above. A stimulus below the injury level, something as simple as a full bladder, tight clothing, or a skin wound, triggers an uncontrolled response from the nervous system. Blood pressure spikes to dangerous levels, potentially causing stroke, seizure, or death.

Patients and caregivers must be trained to recognize the warning signs (pounding headache, flushing, sweating above the injury level) and respond immediately by removing the triggering stimulus. This condition requires constant vigilance for the rest of the patient’s life.

Pressure Ulcers (Bedsores)

Because spinal cord injury patients cannot feel pressure on their skin and may not be able to shift position independently, they are at extreme risk for pressure ulcers. These wounds can progress from reddened skin to deep, infected craters that reach bone.

Pressure ulcers can lead to sepsis (blood infection) and osteomyelitis (bone infection). They are a major cause of hospital readmission and can be fatal. Prevention requires specialized mattresses, frequent repositioning (every two hours around the clock), and expensive custom wheelchair cushions. Despite best efforts, most long-term spinal cord injury patients will develop at least one serious pressure ulcer.

Bladder and Bowel Dysfunction

Most spinal cord injury patients lose voluntary control of bladder and bowel function. Bladder problems can lead to recurrent urinary tract infections, kidney stones, and eventually kidney failure if not properly managed. Most patients require intermittent catheterization four to six times daily or permanent indwelling catheters.

Bowel management requires a strict daily program involving diet modifications, medications, and often manual techniques. Loss of control can be socially devastating and is frequently cited by patients as one of the most difficult aspects of their injury.

Spasticity

Many spinal cord injury patients develop spasticity, an involuntary tightening of muscles that can cause painful spasms, interfere with sleep, and make daily activities difficult. While mild spasticity can actually help with some tasks like transfers, severe spasticity significantly impairs quality of life.

Treatment ranges from physical therapy and oral medications to botulinum toxin injections and surgically implanted medication pumps that deliver muscle relaxants directly to the spinal cord.

Chronic Pain

Paradoxically, many spinal cord injury patients experience severe pain below their level of injury, even in areas where they cannot feel normal touch. This “neuropathic” pain is caused by damage to the nervous system itself and is notoriously difficult to treat. It can be burning, stabbing, or electric in quality and is often resistant to standard pain medications.

Depression and Psychological Impact

The psychological toll of spinal cord injury cannot be overstated. Depression rates among spinal cord injury patients are significantly higher than in the general population. The sudden loss of independence, inability to participate in previous activities, changes in relationships, and chronic health challenges all contribute to mental health struggles. Ongoing psychological care and psychiatric treatment are often necessary.

Types of Compensation Available Under Texas Law

Texas law allows victims of negligence to pursue compensation for the full scope of their damages. Under Texas Civil Practice and Remedies Code Chapter 33, you can recover both economic and non-economic damages if another party’s negligence caused your spinal cord injury.

Economic Damages

These are the quantifiable financial losses resulting from your injury:

Medical expenses include all past and future costs of treatment. For spinal cord injuries, this encompasses emergency care, surgeries, hospitalization, rehabilitation, medications, medical equipment, home health care, and treatment for secondary complications throughout your lifetime. Accurately projecting these costs requires expert testimony from life care planners and medical specialists.

Lost earning capacity accounts for the income you’ve already lost and the wages you’ll miss in the future. Many spinal cord injury victims cannot return to any employment. Others can work but in reduced capacities or different fields. Vocational experts and economists calculate the difference between what you would have earned over your working life and what you can now earn.

Home modifications and adaptive equipment cover the costs of making your environment accessible and functional. This includes wheelchair ramps, bathroom modifications, accessible vehicles, and all the equipment needed for daily life with a spinal cord injury.

Personal care and household services compensate for the help you need with activities you can no longer perform independently. This might include professional caregiving, housekeeping, yard work, and other tasks.

Non-Economic Damages

These damages compensate for losses that don’t have a specific dollar value but profoundly affect your life:

Physical pain and suffering addresses the ongoing pain many spinal cord injury patients experience, including neuropathic pain, pain from complications, and discomfort from immobility.

Mental anguish compensates for the emotional trauma of your injury: the fear, anxiety, depression, and psychological suffering that accompany permanent disability.

Physical impairment recognizes the loss of physical function itself, separate from the pain it causes or the income it costs you.

Disfigurement may apply if your injury has resulted in visible physical changes, such as muscle atrophy or surgical scars.

Loss of enjoyment of life compensates for the activities, hobbies, and pleasures you can no longer experience because of your injury.

Loss of consortium is a claim your spouse can bring for the impact on your marriage, including loss of companionship, affection, and intimacy.

Wrongful Death Damages

If a spinal cord injury proves fatal (as many high cervical injuries do), surviving family members may bring a wrongful death claim. Under Texas Civil Practice and Remedies Code Chapter 71, spouses, children, and parents can recover damages for their losses, including loss of financial support, loss of companionship and guidance, and mental anguish.

How Fault Works in Texas Spinal Cord Injury Cases

Texas follows a “modified comparative fault” system under Texas Civil Practice and Remedies Code § 33.001. This means:

You can recover compensation as long as you were not more than 50% responsible for the accident. If you were 51% or more at fault, you recover nothing.

If you were partially at fault, your recovery is reduced by your percentage of responsibility. For example, if your damages total $3 million but you were 20% at fault, your recovery would be $2.4 million.

Insurance companies aggressively use this rule to minimize payouts. They’ll scrutinize every aspect of the accident looking for ways to shift blame to you. Common tactics include arguing that you weren’t wearing a seatbelt, that you were speeding, that you failed to seek immediate medical attention, or that you contributed to your injuries in some other way.

The “Eggshell Plaintiff” Rule

Defense attorneys frequently argue that pre-existing conditions, not the accident, caused the plaintiff’s injuries. This is particularly common in spinal cord cases because many adults, especially older ones, have some degree of spinal degeneration.

Texas law is clear on this point: the defendant takes the victim as they find them. If you had a pre-existing condition like spinal stenosis (narrowing of the spinal canal) or degenerative disc disease that made you more susceptible to injury, that doesn’t reduce the defendant’s liability. In fact, people with these conditions are more vulnerable to spinal cord damage from trauma, which makes the defendant more responsible, not less.

Proving Your Spinal Cord Injury Case

Winning a spinal cord injury case requires objective medical evidence connecting the accident to your specific injuries. We work with top medical experts to document your condition thoroughly.

Diagnostic Imaging

CT scans are typically the first imaging study performed after trauma. They’re highly effective at identifying fractures and bony abnormalities in the spine, detecting nearly 100% of such injuries.

MRI scans are essential for evaluating soft tissue damage. MRI is the only imaging method that can visualize the internal structure of the spinal cord itself, showing bruising, bleeding, compression, and swelling. If you have neurological symptoms despite a normal CT scan, an MRI is critical to identify the cause.

Neurological Examination

A comprehensive neurological exam documents the level and completeness of your injury. The gold standard is the International Standards for Neurological Classification of Spinal Cord Injury (ISNCSCI), which systematically tests sensation and muscle strength at specific points throughout the body to determine exactly where the damage occurred and how severe it is.

Functional Assessments

Beyond the basic neurological exam, functional assessments evaluate what you can actually do in daily life: how you transfer in and out of a wheelchair, your ability to dress and bathe, your hand function, and other practical abilities. These assessments are crucial for determining what assistance you’ll need and what your life will look like going forward.

Life Care Planning

A life care planner is a specialized expert who evaluates your medical needs and creates a comprehensive plan for your lifetime care. This document details every medical service, piece of equipment, home modification, and assistance you’ll need, along with the projected costs. Life care plans are essential evidence for establishing the full value of your damages.

Your injury deserves a thorough investigation. Contact our team to discuss your case.

Building a Strong Spinal Cord Injury Case

Spinal cord injury cases require immediate and aggressive action to preserve evidence and build the strongest possible claim.

Preserving Critical Evidence

In vehicle accident cases, the vehicle itself is often the most important evidence. We immediately send preservation letters to insurance carriers, tow yards, and anyone else who might have custody of the vehicle, demanding that it be preserved in its current condition. If necessary, we’ll seek emergency court orders to prevent the vehicle from being sold, scrapped, or altered.

Modern vehicles contain Event Data Recorders (EDRs), often called “black boxes,” that capture data about speed, braking, seatbelt use, and other factors in the seconds before and during a crash. This data must be downloaded by an expert before it’s lost or overwritten.

In product liability cases involving vehicle defects, the specific components at issue (seatbelts, seats, tires, roof structure) must be carefully preserved and examined by engineers who can identify design or manufacturing defects.

Investigating the Scene

Physical evidence at accident scenes fades quickly. Skid marks, tire tread patterns, gouge marks in the pavement, debris fields, and other evidence can reveal exactly what happened. Police reports often lack the detail needed for civil litigation, so independent investigation is essential.

Working with Experts

Spinal cord injury cases require testimony from multiple experts:

• Medical experts explain your injuries, treatment, prognosis, and future needs
• Life care planners calculate lifetime care costs
• Economists compute lost earning capacity and the present value of future expenses
• Accident reconstructionists analyze how the crash occurred
• Engineers identify product defects in vehicle cases
• Vocational experts assess your ability to work and earn income

Fighting Back Against Defense Tactics

Insurance companies and defense attorneys use predictable strategies to minimize spinal cord injury claims. We know these tactics and prepare to counter them.

Disputing the Severity of Your Injury

Defendants may hire their own medical experts to claim your injury is less severe than your doctors say, or that you’re exaggerating your symptoms. We counter this with thorough documentation, objective test results, and testimony from treating physicians who have actually cared for you.

Blaming Pre-Existing Conditions

If you had any prior spine problems, expect the defense to argue they caused your current condition. We use the “eggshell plaintiff” rule and expert testimony to show that while you may have had underlying degeneration, you were functioning normally before the accident and it was the trauma that caused your catastrophic injury.

Challenging Causation

Defense biomechanical experts often claim that low-speed impacts cannot cause serious injuries. We retain our own experts to show that spinal injuries can occur even in apparently minor collisions, particularly in older adults or those with pre-existing conditions.

Surveillance and Social Media

Insurance companies hire investigators to follow spinal cord injury claimants and record their activities. They also scour social media for any posts that might suggest you’re less injured than claimed. A single photo of you smiling at a family event can be used to argue you’re not suffering. We counsel our clients on how to protect themselves while their case is pending.

Independent Medical Examinations

The insurance company will likely require you to see their chosen doctor for an “independent” medical exam. These doctors are often selected because they tend to minimize injuries. We prepare our clients for these examinations and review the reports carefully to challenge inaccurate findings.

What to Expect From Varghese Summersett

Spinal cord injury cases are among the most complex in personal injury law. They require substantial resources, deep medical knowledge, and the willingness to take cases to trial when insurance companies won’t offer fair compensation.

Our firm has more than 70 team members across offices in Fort Worth, Dallas, Houston, and Southlake. This gives us the capacity to thoroughly investigate your case, retain the best experts, and prepare for trial while still providing personal attention to you and your family.

We understand that a spinal cord injury affects your entire family. Medical appointments, therapy sessions, equipment needs, home modifications, and the emotional toll of adapting to a new reality can be overwhelming. We handle the legal burden so you can focus on your health and your family.

Our personal injury attorneys work on contingency, which means you pay nothing unless we recover compensation for you. We advance all costs of litigation, including expert fees, and only recover those costs if your case is successful.

The Timeline of a Spinal Cord Injury Case

Spinal cord injury cases take time to resolve properly. Rushing to settlement often means leaving money on the table because the full extent of damages isn’t yet known.

Medical treatment and stabilization: Before we can accurately value your case, you need to reach “maximum medical improvement” (the point where your condition is stable and further improvement is unlikely). For spinal cord injuries, this can take a year or more.

Investigation and case building: We gather all medical records, accident reports, witness statements, and expert opinions needed to prove your case. This process typically takes several months.

Demand and negotiation: We present a detailed demand to the insurance company documenting all your damages. Negotiations can take weeks or months depending on the complexity of the case and the insurer’s response.

Litigation: If the insurance company won’t offer fair compensation, we file a lawsuit. Civil litigation in Texas typically takes one to two years from filing to trial, though many cases settle during this period.

Texas law generally gives you two years from the date of your injury to file a lawsuit (the statute of limitations). However, gathering evidence for a spinal cord injury case takes time, so you should contact an attorney as soon as possible.

Frequently Asked Questions

Can I still file a claim if the accident was partially my fault?

Yes. Texas allows you to recover compensation as long as you were not more than 50% responsible for the accident. Your recovery will be reduced by your percentage of fault. For example, if you were 30% at fault and your damages total $2 million, you could recover $1.4 million.

What if the person who caused my injury doesn’t have enough insurance?

We explore every possible source of compensation. This may include your own underinsured motorist coverage, claims against multiple defendants, employer liability, product liability claims against manufacturers, or premises liability claims against property owners. Our goal is to identify all potentially responsible parties and all available insurance coverage.

How long will my case take?

Spinal cord injury cases are complex and take time to resolve properly. Medical treatment and rehabilitation may continue for a year or more before we can fully assess your damages. After that, investigation, negotiation, and potential litigation can add another one to three years. While this seems long, settling prematurely often means accepting far less than you need for lifetime care.

What should I tell the insurance company if they contact me?

You should not speak with the at-fault party’s insurance company without consulting an attorney first. Insurance adjusters are trained to gather information that can be used against you and to obtain recorded statements that may hurt your case. Politely decline to give a statement and refer them to your attorney.

Do I need a lawyer, or can I handle this myself?

Spinal cord injury cases involve stakes that are simply too high to handle without experienced legal representation. Insurance companies assign their most aggressive adjusters and defense attorneys to these claims because of the potential payout. You need attorneys who understand the medical complexity of spinal cord injuries, have access to the best experts, and have the resources and willingness to take your case to trial if necessary.

Get the Help You Need Today

A spinal cord injury changes everything. The medical challenges, the financial burden, and the emotional toll can feel insurmountable. But you don’t have to face this alone, and you don’t have to accept whatever the insurance company offers.

The Texas spinal cord injury lawyers at Varghese Summersett have the knowledge, resources, and determination to fight for the compensation you need to move forward with your life. We’ll handle the legal battle so you can focus on what matters most: your health and your family.

Call (817) 203-2220 now for a free consultation. We’ll review your case, answer your questions, and explain your options. There’s no obligation, and you pay nothing unless we win.