Oregon Spinal Cord Injury Lawyer

Traumatic spinal cord injuries are generally caused by forces that bruise, compress, partially tear, or completely tear the spinal cord or nerves going from the spinal cord to another part of the body.  Spinal cord injuries are a too-common cause of permanent disability and death in children and adults.

The spinal cord is the bundle of nerves that carries messages between the brain and the rest of the body for movement and sensation.  The spinal cord runs downward through a canal in the center of the vertebrae bones that extend down from the top of the neck. (Technically, once those nerves get down to the lower spine, they are called the cauda equina, not the spinal cord).

Spinal cord injuries are generally medical emergencies requiring extremely prompt treatment, although unfortunately, many times the injury is irreversible from the start.  How a spinal cord injury affects a person after trauma otherwise depends in large part on two factors: where the injury occurred on the spinal cord, and the severity of injury.

The higher up on the spinal cord the injury, the more of the body that may have loss of movement and sensation.  The lowest part of the spinal cord that remains undamaged after an injury is referred to as the neurological level of the injury.  Injuries affecting the upper spinal cord can cause tetraplegia (also called  quadriplegia), which can affect the arms, hands, trunk, legs, and pelvic organs.  Injuries lower down can cause paraplegia, which can affect all or part of the trunk, legs, and pelvic organs.

The severity of the injury is often called “the completeness” and is classified as either complete or incomplete:

• Complete. If all feeling (sensory) and all ability to control movement (motor function) are lost below the spinal cord injury, the injury is called complete.
• Incomplete. If there is some motor or sensory function below the affected area, the injury is called incomplete. There are varying degrees of incomplete injury.

Source (see): https://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/symptoms-causes/syc-20377890

Many things can cause spinal cord injuries.  The more common acute accidental spinal cord injuries occur when an area of the neck or back is bent, compressed, or broken, which may happen from: 

• Vehicle crashes (automobiles, motorcycles, ATVs, and being struck as a pedestrian)
• Violence (primarily gunshot wounds)
• Falls
• Sports/recreation activities

Emergency medical evaluation is needed whenever there is a suspected injury to the spinal cord.  Any of these symptoms (and others) may be caused by a traumatic spinal cord injury: loss of voluntary muscle movement (particularly in the arms or legs), loss of feeling (sensation), loss of bowel or bladder control or normal sexual function, an onset of pain that radiates into the arms or legs, or new unusual sensations that might be described as burning or prickling.

The diagnosis typically starts with a physical exam and diagnostic tests, particularly imaging. During the exam, the healthcare provider will usually ask about the medical history and how the injury occurred. Diagnostic imaging may include:

• X-rays, primarily to identify broken or dislocated bones.

• Computed tomography scan (also called a CT or CAT scan), which uses X-rays and computer technology to produce detailed images (often called slices) of the body. A CT scan shows not just bones, but also muscles, fat, and organs. 

• Magnetic resonance imaging (MRI), which uses large magnets, radio frequencies, and a computer to produce detailed images of organs and structures within the body.

Source (see): Acute Spinal Cord Injury – John Hopkins Medicine

Every year there are an estimated 17,000 or so new spinal cord injuries in the United States (this figure does not include those who die at the scene).  Estimates of survivors vary, from about 250,000 to 450,000 Americans living with spinal cord injuries.  

Source: https://www.aans.org/Patients/Neurosurgical-Conditions-and-Treatments/Spinal-Cord-Injury

The average yearly expenses (health care costs and living expenses) directly attributable to spinal cord injuries vary greatly, depending in part on the level and severity of the neurological impairment.  The additional losses to earnings, fringe benefits, and productivity vary based in part on the person’s education and pre-injury employment history.  Over the course of an injured person’s lifetime, the direct economic costs of a spinal cord injury can often run in the multiple millions of dollars.

Most people agree that in cases of paralysis, the human (“noneconomic”) costs of spinal cord injuries are much greater than the out of pocket expenses.  In any given individual’s case involving spinal cord injury, a specific evaluation is generally done in order to have a fairer understanding of that person’s harms, losses, and needs.

Spinal cord injuries are some of the most severe injuries a person can suffer.  As a result, the losses suffered because of spinal cord injuries are particularly great. Seeking fair compensation for these spinal cord injury damages can potentially be complicated and challenging. So, hiring a qualified personal injury attorney can be helpful. 

A qualified spinal cord injury lawyer will have the experience, skills, and resources necessary to help deal with obstacles preventing an injured person from getting the compensation they need.  A good spinal cord injury lawyer should have experience dealing with health care and other specialists who can help accurately determine the full extent of losses and needs.  Those specialists might include neurosurgeons, rehabilitation physicians, vocational counselors, therapists, life care planners, economists, and others. 

Since the damages are often very high in spinal cord injury cases,  insurance companies will pull out all the stops to fight a case.  A good spinal cord injury lawyer will have a trial track record that lets the insurance company know that the claim will be prosecuted fully, and will have the skill and determination to prepare and try the case if needed.  

Failure to fully prepare both the liability and the damages case, and in particular, to understand the issues unique to spinal cord injuries, can lead to mistakes that can harm an injured person’s case and reduce their recovery.  An experienced trial lawyer can help level the playing field. The Corson & Johnson Law Firm can provide the experience and resources needed to give a person a spinal cord injury a fair shot at justice.

If you sustain a spinal cord injury, your life can be permanently changed. One of the things that you can do after an Oregon spinal cord injury is to hire a personal injury lawyer in Oregon to hold the wrongdoer responsible.  As your attorneys, we can help make things easier for you and your family during a difficult and stressful time in your life.

Providing Trustworthy and Personalized Legal Advice

First, a good spinal cord injury attorney can listen to your personal story and give you legal advice that you can trust. Unlike the adjuster for an adverse  insurance company, who has been trained to minimize your financial recovery, a personal injury attorney works for you and you alone. Your attorney will want what is best for you and your family: holding the defendant accountable, maximizing your financial recovery, and making sure that you have everything you need to the extent the legal system can provide that.

Most personal injury lawyers offer free initial consultations, where they talk to prospective clients about what happened and their legal rights, at no cost or obligation to the injured survivor. This means that you can speak to an attorney who is experienced in spinal cord injuries about whether or not your case has merit without paying anything upfront. If you do have a legitimate case, you can decide if you wish to move forward with the attorney as your legal representative.

Filing a Spinal Cord Injury Lawsuit

One of the main things that your attorney can take care of for you is filing a personal injury lawsuit. This can be a complicated process.  As your lawyer, we can help investigate your injury incident to determine fault, identify the defendant(s), collect evidence to support your injury claim, hire qualified experts, fill out the required paperwork, negotiate on your behalf, prepare and file the lawsuit, have the lawsuit papers served on the defendant(s), meet Oregon’s time deadlines, and more. The list of legal legwork that a law firm can do for you is long.

Advocating on Your Behalf

A personal injury attorney will be your biggest advocate.  Good personal injury attorneys are passionate about the people they represent and protecting their rights – especially when a case involves a catastrophic or life-changing injury such as a spinal cord injury. An experienced spinal cord injury attorney will understand personal injury law and how to protect you in the legal process. 

Your attorney will advocate for you, and indirectly, your family.  From proving fault to proving the extent of your injuries and losses to arguing for fully fair  compensation, your attorney should do everything ethical to help you with your personal injury case. 

Usually, yes, but not always.

There are cases where fault is clear, there is only one possible defendant, the injured person’s losses are catastrophic, and the defendant has only limited insurance coverage, which may be offered in full to resolve the claim.  In those cases, an attorney cannot likely increase the amount of the overall recovery.  An attorney may or may not be able to increase the injured person’s net recovery, such as by negotiating liens and other claims against a settlement.

However, even when it seems straightforward, an attorney may be able to increase both the overall compensation and the injured person’s net  recovery.  For example, there may be other defendants that legitimately should contribute to the injured person’s compensation.  Or, there may be additional layers of insurance or other assets that should be made available.  

Many cases need an attorney in order to increase the injured person’s compensation.  Insurance companies are in business; they do not settle to be nice or out of charity.  Their business decisions are driven by the risk of trial.  The risk to a defendant and the defendant’s insurance company that a trial may require them to pay the injured person is ultimately the reason that cases settle.  An insurance company facing an experienced, hardworking attorney has a risk of trial that they do not face when dealing with an unrepresented person.

Although no dollar amount is ever sufficient for a life-long spinal cord injury, achieving a fair result on a legal claim can make a huge impact on your future.  It can give you and your family the resources needed to pay for ongoing medical care, medical devices, modified vehicles for transportation, disability accommodations, and assistive care.  If you suffer a traumatic spinal cord injury because of the irresponsible behavior of someone else, working with a qualified attorney is an important way to get the justice that you deserve. The right attorney can provide greater peace of mind when you need it the most.