Texas Spinal Cord Injury (SCI) Attorney | Austin Spine Injury Lawyer

Representation for Victims of Spinal Cord Injuries caused by Negligence

Spinal Cord Injury (SCI), an injury to the spinal cord that results in a loss of function, is one of the most severe injuries a human being can sustain. A spinal cord injury is devastating for the injured person and his or her family, loved ones, and friends. Each year, about 12,000 people in the United States suffer spinal cord injuries.

Spinal cord injuries are most commonly caused by motor vehicle accidents and falls or other accidents. Only 52% of SCI patients are covered by private health insurance at the time of injury. The average stay in hospital after the injury is 18 days; the average stay in a rehabilitation center is 39 days. Mortality rates for SCI are significantly higher during the first year after injury than any other year, particularly for severely injured patients

Statistics give you the numbers, but they can’t tell you the stories of the people involved: their daily struggles to survive and overcome their injuries, the pain they experience, the stress on them and their families, and the strain on their finances.

When you suffer a spinal cord injury because of someone else’s negligence, it is important to learn what your rights are and what legal remedies may be available to you. Contact the experienced Texas personal injury attorneys at Ross Law Group, who know how to evaluate the legal liabilities of all of the parties involved and help you achieve the maximum recovery available from each liable party.

If you are the parent, spouse or family member of a person who has suffered a spinal cord injury and can’t act for him or herself, you need to act quickly on their behalf. Valuable evidence can be lost or destroyed, or witnesses may forget important facts, if an investigation by your own counsel is delayed. Contact us for a consultation as soon as possible after a serious injury occurs.

Proving liability in injury cases is often easier said than done. Investigating the circumstances under which the injury occurred and proving who was at fault is the most critical aspect of your personal injury case. When there is a fight over liability, you need an experienced lawyer on your side. Evaluation of police reports, witness statements, examination of the scene, the vehicles or products involved, and accident reconstruction are tools we can use to help prove your case.

Ross Law Group’s Austin, Texas, personal injury attorneys are experienced in SCI cases. Because of their devastating effect on a person’s overall health and lifestyle, spinal cord injuries pose particular challenges in proving future damages. The extent of the physical damage can help indicate the economic damages the injured person will incur.

SCI’s can be divided into two main categories, complete and incomplete injuries. It is rare that a patient’s spinal cord is cut and severed. Complete SCI is caused by bruising, pressure on the spinal cord, and loss of blood to the cord. The damage is entire loss of movement and sensation below the level of the injury.

Incomplete SCI does not result in complete loss of movement and sensation, but the injured person may have varying degrees of both. There are several subtypes of incomplete SCI:

Anterior Cord Syndrome- This happens when the injury occurs in the anterior, or front, of the spinal cord and affects the motor and sensory pathways in the affected area. Patients suffer loss of movement and sensation, although some sensations may still be felt that travel through still-intact pathways.

Central Cord Syndrome-This happens when the injury occurs in the center of the cervical (uppermost) area of the spinal cord and causes an interruption in the brain and spinal cord’s ability to communicate to control movement. Patients experience weakness or paralysis in their arms and some loss of sensory reception. Legs are generally much less affected than the arms. Spontaneous recovery is possible. People often improve in the first 6 weeks after injury.

Brown-Sequard Syndrome-In this kind of SCI, injury can occur on either side of the spinal cord, resulting in loss of sensation on the side of the body below the level of the injury. Patients lose temperature and pain sensation on the opposite side of the injury due to the crossing of these pathways in the spinal cord.

Injuries to Nerve Cells-This kind of SCI results in the loss of sensory and motor function only to that area of the body that is affected by the injured nerve root. Symptoms vary among patients, depending on which nerve root is affected and where it is located.

Spinal Contusions-Contusions are the most common type of SCI. In this kind of injury the cord is bruised and, as a consequence, there is inflammation and bleeding from blood vessels near the injury. This type of injury results in temporary debilitation of the spinal cord, usually lasting 1 to 2 days. The injury may be complete or incomplete.

About your Spine

The bony spine is the main support and protection for the spinal cord and the nerve pathways that carry messages from your arms, legs, and the rest of your body to and from the brain. Your spine is composed of 33 vertebrae, 31 pairs of nerves, and 40 muscles supported by connecting ligaments and tendons from the base of your skull to your coccyx, or tailbone. Discs cushion your vertebrae as you move and keep your spine flexible. Discs are composed of fibrous, elastic cartilage.

The spinal cord is connected to the brain and is about the diameter of one of your fingers. The spinal cord travels down from the brain through the vertebral column, which surrounds and protects it. Cerebral spinal fluid (CSF) acts as a cushion to protect delicate nerves against injury from striking up against the inside of the bony vertebrae.

The spinal cord is comprised of millions of nerve fibers. These fibers transmit impulses to and from the limbs, trunk, and organs of the body. Impulses travel back and forth between the brain and these structures. Ascending tracts of nerves within the spinal cord carry information from the body up to the brain, while descending tracts of nerves carry information from the brain down to the body to control body functions and movement. Sensory pathways carry sensations from the skin and other parts of the body relating to temperature, pain, and touch to the brain, where sensations are “felt”. Other types of sensations are sent to the brain in different pathways, called tracts.

Spinal nerves, or nerve roots, branch off the spinal cord and leave the vertebrae through a hole in each of the vertebrae called the foramen. They carry information to and from the brain to the rest of the body. Autonomic nerves are divided into two types, sympathetic and parasympathetic nerves. The main role of the autonomic nervous system is to regulate internal environment of the body. It controls the digestive, respiratory, and cardiovascular systems, regulating heart rate, blood pressure, and dilation and constriction of blood vessels. Control is voluntary; that is, not under conscious control. Sympathetic and parasympathetic nerves act in opposition to each other. For example, when the sympathetic nervous system is active it causes increased heart rate, increased blood pressure, and constriction of blood vessels. The parasympathetic nervous system has the opposite effect: decrease in blood pressure and heart rate and dilation of blood vessels. The two systems generally balance each other out. Damage to nerves of this system can cause problems in regulating this system.

From top to bottom, the sections of your spine are:

Cervical Spine - The cervical spine is composed of 7 vertebrae. These vertebrae allow movement of the head, as well as flexion and extension of the neck. Each vertebrae forms a joint with the vertebrae above and below it. Cervical vertebrae are numbered C1-C7. Cervical nerves supply movement and feeling to the arms, neck, and upper trunk.

Thoracic Spine - The thoracic spine attaches to the ribs, and is composed of 12 vertebrae. The spinal canal is smaller in the thoracic spine, making it more vulnerable to injury than the spinal canals in the cervical and lumbar regions. The thoracic spine allows you to rotate your trunk. Ribs prevent much sideways movement. There is a small amount of movement of the thoracic spine when you bend forwards and backwards. Thoracic vertebrae are numbered T1-T12. Thoracic nerves supply the trunk and abdomen.

Lumbosacral Spine - The lumbosacral vertebrae are thicker and wider than vertebrae of the other regions. The lumbosacral spine is composed of 10 vertebrae. These vertebrae allow you to bend at the waist and also allow some backward movement. Some movement to the side also happens. Lumbar vertebrae are numbered L1-L5, while sacral vertebrae are numbered S1-S5. The bones of the sacrum are fused. Lumber and sacral nerves supply the legs, bladder, bowel, and sex organs.

It is important to note that spinal cord segments do not correlate exactly to the level of the vertebral bodies. This can cause confusion in describing and classifying injuries, even among doctors. Ross Law Group’s experienced Austin, Texas, spinal cord injury lawyers know that engaging medical experts who can fully explain your injuries and their effect to a jury is a vital component of proving your spinal cord injury case and your damages.

If a spinal cord injury (SCI) is suspected, the injured person should be taken to the hospital immediately. Immobilizing the patient is necessary to prevent further damage to the spinal cord. Signs and symptoms of SCI include:

Severe pain in the back, head, or neck
Tingling sensation in the patient’s extremities i.e. hands, fingers, feet, or toes
Complete or partial loss of control of any part of the body
Loss of control over bladder or bowel function i.e. urgency, incontinence, or retention
Difficulty walking and balancing
Pain or pressure around the chest
Difficulty breathing
Any obvious lumps or deformities of the head or spine
Altered mental status

Diagnostic tests for SCI include radiological evaluation (X-rays, CT scan, and/or MRI).
Sometimes injuries are not immediately discovered if severe muscle spasm masks the injury and diagnostic tests must be repeated. If you have sustained a possible spinal cord injury and continue to experience the symptoms described above after negative diagnostic testing, you should follow up with medical professionals who are well versed in SCI.

Treatment for Spinal Cord Injuries:

Hospitalization -If it is determined that the patient has a spinal cord injury (SCI), the patient may be admitted to the ICU (intensive care unit). An intensive care unit is for critically ill patients who require a high level of care and monitoring. The patient may be transferred to a regional spine injury center, which is staffed by personnel skilled in treating SCI, such as neurosurgeons, orthopedic surgeons, nurses, therapists, and social workers.

Medications-Steroid therapy is one treatment option for treating SCI. Corticosteroids can decrease inflammation and injury to nerve cells; some patients treated with steroid therapy recover some function if treated early enough.

Immobilization-Traction may be used to stabilize the spine and bring it into alignment. Halo traction is a form of traction typically used to treat SCI. In this type of traction, a round “halo” is attached to the skull by titanium screws. The halo is attached to a special vest, which keeps the head and neck perfectly straight. The halo may be used with a pulley system to apply traction when the patient is in bed. The screws holding the halo in place may have to be adjusted from time to time. The patient does not feel pain when wearing the halo. Halos may be used until surgery is done or may be used instead of surgery and may need to be worn for several months.

Emergency surgery may be needed to remove bone fragments, foreign objects, blood clots, or other lesions that might be placing pressure on the spinal cord. Surgery may be necessary to stabilize the spine, preventing future deformity and pain. Researchers are trying to determine what period of time is most effective in performing surgery for SCI: immediately after injury, or after a period of stabilization.

Surgical Procedures - Traditionally, surgery for spinal cord injury (SCI) is reserved for those patients with an incomplete SCI, or for those who experience progressive neurological deterioration. Surgery may be done immediately for blood clots, herniated discs, or other lesions applying pressure to the spinal cord.

Surgery for SCI is usually done to stabilize the spine in an attempt to prevent further injury or to prevent future pain and deformity. Spinal instrumentation uses rods, bars, wires and screws to provide permanent stability to the spine to correct and solidify the level where a spinal injury has occurred. Instrumentation may be used with fusion, or bone grafting, to permanently join two vertebrae together.

There is some evidence that early surgical intervention to decompress the spinal cord may significantly improve patient outcomes and reduce the risk of complications. A STASCIS (Surgical Treatment of Acute Spinal Cord Injury Study) has found that 24% of patients who received decompressive surgery within 24 hours of injury showed a significant improvement in ASIA scores. Additionally, patients studied who received early surgical decompression suffered 20% less complications than those patients who had delayed surgical intervention.

Ongoing Care - After the spinal cord injury is stabilized, attention is paid to preventing complications that may happen as a result of prolonged bed rest, such as pressure ulcers (bed sores), muscle contractions, progressive muscle weakness, pneumonia, and blood clots. This is done by the efforts of doctors, nurses, respiratory therapists, physiotherapists, and others. Fifteen days is the average length of stay in the hospital following an SCI, but length of time will vary depending on the patient’s age, general physical condition, and development of complications, as well as on the type of SCI suffered by the patient.

Rehabilitation - Spinal cord injury has a severe impact on the patient’s life. The life of a SCI patient will never be the same, but most SCI patients go on to lead productive lives. Rehabilitation may be the most important phase in SCI treatment. While medications and surgery can return some function and sensation to patients, there is no cure for SCI. Rehabilitation offers the patient a way to learn how they can lead as productive and normal a life as possible.

The main goal of rehabilitation is to allow you to identify and reach your optimal level of functioning in all areas. Minimizing physical and cognitive impairment, enhancing quality of life, and enhancing your participation in work and everyday life are the endpoints of rehabilitation. Living an independent life is what most SCI patients desire to reach, and rehabilitation is an important step to achieving this goal.

The role that an experienced Texas spinal cord injury attorney plays in these stages of your treatment and recovery is to perform the investigation of the accident and receive updates on your progress from you. We document all of your medical providers’ records and billing so we can accurately assess your damages. Contact Ross Law Group to get an experienced personal injury lawyer working on your case as soon as possible.

Damages are the costs for treatment of injuries, lost wages and other economic losses, and the monetary value of intangible harm such as pain and suffering. Under some circumstances, an injured person may be able to recover punitive, or exemplary, damages, which are intended to punish malicious or reckless behavior and to deter such conduct in the future.

Economic Damages are those that can be measured in dollars, such as:

• Medical expenses in the past
• Medical Expenses that are probable in the future
• Related expenses such as caregiving, special equipment, and special housing
• Lost wages in the past
• Lost wages and/or Loss of Earning Capacity that are probable in the future
• Attorney Fees (under some circumstances)
• Property Damage

Non-Economic Damages are those values that are not so readily assessed in dollars, such as:

• Disfigurement in the past and in the future
• Physical Pain and Suffering in the past and in the future
• Mental anguish in the past and in the future
• Punitive or exemplary damages

For every personal injury client, Ross Law Group provides a review of your earnings history for the past three years, with an emphasis on making sure that all wages due to you under the FLSA were paid. This provides essential information for proving your lost wages, and if we discover that you have been underpaid, we can assist you with a wage claim.

Many people are not aware of all of the avenues of recovery that may be available to them after an accident. Ross Law Group’s experienced Austin, Texas personal injury attorneys will fully investigate the accident to determine every party that may have liability, the insurance and assets of each liable party, and the insurance benefits you may be entitled to receive from your own insurance carrier. There may also be funds you can apply for through Victim Compensation programs. There may be avenues of recovery that you are unaware of or haven’t considered. Our goal is to make you aware of every type of compensation to which you may be entitled.

Another factor that is important in managing your legal case arising from an injury is the insurance that is involved. If your health insurance, or workers compensation insurance provided by your employer, has paid for medical treatment, the carrier usually has the right to demand reimbursement from your monetary recovery from the liable parties. If you have underinsured motorist coverage for protection in the event that the liable party’s insurance coverage is insufficient to compensate you for your damages, you may have to obtain the permission of your insurance carrier to settle with the liable party or lose your right to recover from your own insurance.

Medical providers may file liens for the costs incurred for medical care arising for treatment of the injury. An experienced personal injury attorney will help negotiate with the medical providers to try to reduce their charges and enable you to get the maximum benefit from your recovery.

It is important to consider the long term effects of a spinal cord injury when pursuing claims against the liable parties. The compensation you seek should include the cost of not only your past medical expenses, but also the cost of your future care, lifelong accommodations you may require, and loss of future earning capacity. Ross Law Group’s experienced spinal cord injury attorneys can engage medical, rehabilitation, life care planning and economic experts to help provide a way to prove your financial needs for the future.

The long-term effects of spinal cord injury can include loss of motor and sensory function and changes in bowel and bladder continence, pain levels, sexual function and desire, function of the gastrointestinal tract, ability to swallow, temperature and blood pressure regulation, and ability to breathe independently.

Patients with spinal cord injuries are living longer and better quality lives. However, patients with SCI are always vulnerable to a variety of health issues. The severity of the injuries and where in the spine they occurred determine what complications arise. Some of the complications that a person with SCI may encounter are:

Bowel and bladder dysfunction-Some patients may be incontinent of bladder or bowel (or both). Patients with SCI may also have more urinary tract infections, due to incomplete emptying of the bladder.

Sexual dysfunction-Associated with the sacral region, some patients may suffer sexual dysfunction. For men, this may mean impotence. For women, this may lead to loss of any sensation. Loss of sexual function can be devastating.

Inability to regulate body function-Patients may have an inability or reduced ability to regulate body temperature, blood pressure, and sweating. These patients must be very careful not to become overheated.

Spasticity-This is a common issue for many patients with SCI and refers to an increase in reflexes and stiffness of the limbs.

Neuropathic pain-Some patients experience chronic pain. A neurologist or other physician should manage pain. Several medications may be used before finding an effective drug to treat neuropathic pain. Chronic pain can decrease quality and enjoyment of life.

Autonomic dysreflexia-If the autonomic nervous system is affected by the SCI, the patient may experience an abnormal increase in blood pressure, sweating, and other autonomic and involuntary responses to pain and/or sensory disturbances.

Muscle atrophy-All patients with SCI will experience some degree of muscle atrophy, or shrinking, of muscle mass. Patients with SCI are unable to exercise these muscles as unaffected people do. Passive exercises may help in preventing atrophy of the muscles to a wide extent.

Superior mesenteric artery syndrome (SMA syndrome)-This syndrome is rare. It is characterized by compression of the third part of the duodenum against the aorta by the SMA, and causes complete or incomplete duodenal obstruction. It may be acute or intermittent.

Osteoporosis-Patients who are confined to a bed or a chair will be at a higher risk of osteoporosis. These patients should ensure an adequate intake of calcium. Equipment that supports the patient to stand may help prevent osteoporosis.

Gallbladder/renal stones-These stones can cause considerable discomfort for the patient. Gallstones and renal stones may be somewhat prevented by diet and adequate water intake.

Pressure ulcers-Pressure ulcers are sores that develop over bony prominences, caused by prolonged sitting or laying. Proper positioning, proper fitting of wheelchairs, and use of specially designed cushions may help prevent pressure ulcers from developing. Proper nutrition and maintenance of weight are also key factors in prevention.

Pneumonia-Pneumonia may occur in those patients who have difficulty swallowing or who choke frequently, as well as in those patients whose breathing ability is impaired. Pneumonia can be very serious, even fatal, in these patients.

Deep vein thrombosis (DVT)-Prolonged sitting is a risk factor for the development of DVT, or a blood clot. Blood clots usually occur in the deep veins of the leg. Patients confined to a wheelchair are at higher risk of developing a DVT. Symptoms include redness, warmth, and swelling of the affected area.

Depression- Obviously, the loss of control over you own body, chronic pain, loss of independence and other problems caused by SCI can lead to serious depression in SCI patients. It is critical to speak openly with your health care providers about your state of mind as you go through your recovery process. Therapy, and perhaps medication for depression, can help you cope with the changes you are going through. Antidepressants are also used to treat chronic pain syndromes and migraine headaches.

Rehabilitation can continue throughout the lifetime of a person with a spinal cord injury. Some of the professionals in your rehabilitation may include your neurologist, orthopedic specialist, psychiatrist or psychologist, occupational and recreational therapists, nutritionist, respiratory therapist, speech pathologist, social workers, and nursing staff.

Even though the recovery and rehabilitation process for spinal cord injury can last for years, there are many reasons to contact a Texas personal injury attorney right away to represent you in a spinal cord injury case.

First, it is likely that immediately following the accident you will begin to receive calls and letters from the liable party’s insurance carrier asking for recorded statements, authorizations for the release of your medical information, and other information. What you do and say at this critical time could affect the strength of your case. It is always better to have the advice of an attorney from the beginning.

Second, the process of dealing with the physical and emotional trauma of a spinal cord injury can be overwhelming. Our strategy from day one is to focus on your case, so you can focus on your recovery.

Third, there are Statutes of Limitations that apply to personal injury cases. If you wait too long to take action, you will lose any right you may have to recover from liable parties.

Injured people often ask, “How much is the settlement in a spinal cord injury case?” Even the most experienced personal injury lawyer cannot give you an easy answer to that question. Many factors affect the settlement value of a personal injury case.

The practical answer is that your settlement in a personal injury case is dependant on the amount of money available from the party of parties who are liable for your injury and from your own insurance coverage. Within the total amounts that may exist from which to demand compensation, the settlement value of your case depends on your ability to prove liability, causation, and damages. Ross Law Group’s experienced personal injury attorneys have the knowledge and skill to investigate, prepare, present, negotiate, and try your case to try to obtain the maximum recovery you are entitled to receive. When Defendants know that you have an experienced attorney who is ready to take your case to trial, they are usually more open to serious negotiations. Contact us today for a free personal injury consultation.

If you are finding it emotionally difficult to adjust to your spinal cord injury, please seek help. It is normal for you to find it difficult to adjust to the changes in your body and your life, and anger and depression are common reactions. Counseling, and perhaps medication for depression, can help. Tell your doctor how you are feeling.

You can rely on Ross Law Group for effective representation and personal client service in all types of personal injury cases. To learn if we can be of assistance to you, please contact an Austin accident lawyer today for a free consultation. You pay nothing unless we win compensation for you.

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