A blow to your spinal cord can be a devastating, life-altering event that requires intensive rehabilitation and medical care, as well as often changing the way you live. If you’ve suffered a spinal cord injury due to the careless action of someone else, you may be entitled to collect damages from the responsible party. The Miami serious injury attorney has compassionately represented victims who suffered catastrophic injuries throughout Miami-Dade and Broward Counties. Whether your injury is due to a motorcycle or car accident, or from a fall on someone else’s poorly maintained property, the Law Offices of Robert Dixon can help you pursue proper compensation
Effects of Spinal Cord Damage
Those who suffer damage to their spinal cords may need long-term care for their injuries. Sometimes paralysis, such as paraplegia and quadriplegia, may result from this type of harm, which can require lifetime medical care and a substantial change in lifestyle. These catastrophic injuries can also have a significant impact on whether or not a person can work or earn a livelihood for his or her family. The Centers for Disease Control (CDC) has estimated that a victim who sustains a spinal cord injury could need millions of dollars to cover their lifetime of care. Car accidents were the leading cause of spinal cord injuries from 2005 and 2012, with falls accounting for the second-most common cause.
Seek Compensation with a Negligence Lawsuit
In order to receive compensation for a spinal injury, the victim usually tries to prove that another person or entity acted negligently. This means that the injured person must show that:
- The defendant owed him or her a duty of care to act as a reasonable and prudent person would;
- The defendant breached that duty of care;
- That breach caused the victim’s injury; and
- The injury caused the victim to incur damages.
For example, all drivers have a duty of care to operate their vehicles in a safe manner. If a pedestrian is hit in a crosswalk by a speeding car, and as a result is rendered a paraplegic, the careless motorist likely would be found to have breached this duty. Additionally, a property owner could be held responsible if his or her failure to properly safeguard a swimming pool leads to a traumatic accident.
Damages that may be available to a plaintiff injured by someone else’s negligence include past and future medical expenses, pain and suffering, loss of income, and loss of earning capacity. Other objective and subjective damages also may be sought, depending on the circumstances of the case.
Personal injury cases in Florida must be filed within four years of the date the victim was injured. Some claims that may arise from a spinal cord injury, such as medical malpractice or wrongful death, have a shorter time frame of two years. These actions may involve some complex preliminary investigations, such as consulting medical experts or reconstructing an accident. Thus, it is important to consult a capable attorney who can guide you through the legal process.
Causes Of Spinal Cord Injuries
Spinal cord injuries often result in limited mobility, ongoing pain, and long-term medical needs. These injuries may occur due to another party’s negligence, and victims should be able to focus on recovery rather than legal complications.
Several accident types commonly result in spinal cord trauma:
- Motor Vehicle Accidents – About 25% of spinal cord injuries follow car, truck, or motorcycle crashes.
- Falls – The second leading cause, from slips, trips, or hazardous property conditions.
- Medical Negligence – Includes surgical errors or improper treatment impacting the spinal cord.
- Bicycle Accidents – Often involve collisions that directly damage the spine.
- Defective Products – Faulty design or manufacturing can result in severe spinal trauma.
A spinal cord injury happens when protective tissue or vertebrae are fractured, dislocated, or compressed. The effects vary based on location and severity:
- Complete injury— total loss of sensation and motor function below the injury site
- Incomplete injury— partial sensation or movement remains; may result in weakness, numbness, coordination issues, or pain
Legal Strategy & Compensation
Victims may require millions in lifetime care per CDC estimates, and the at-fault party must be held accountable.
To pursue a claim, the following must be demonstrated:
- The defendant owed a legal duty of care.
- That duty was breached through negligent actions.
- That breach directly caused the injury.
- The injury resulted in measurable damages.
Compensation may include:
- Past and future medical treatments
- Rehabilitation services
- Lost income and reduced earning capacity
- Pain and suffering
- Life-care planning tailored to medical, psychological, and social needs
Complete Spinal Cord Injuries
Common Causes and Human Impact
Understanding the distinction is essential: A complete spinal cord injury results in a total loss of both sensation and motor function below the point of the injury. There are two primary types:
- Quadriplegia, affecting the torso and all four limbs (upper spinal injury), and
- Paraplegia, involving paralysis from the waist down (lower spinal injury)
Such catastrophic injuries often stem from car, truck, or motorcycle crashes, pedestrian accidents, or even severe slip-and-fall cases—all situations involving someone else’s negligence. Victims and their families face tremendous emotional and financial strain as earning potential drops and medical expenses rise — often placing victims in dire circumstances.
Pursuing a Legal Claim in Florida
To pursue compensation, an injured individual must meet the four-element standard for negligence:
- The defendant owed a duty of care;
- That duty was breached;
- The breach directly caused the injury;
- The injury resulted in tangible damages
Florida’s statute of limitations generally requires filing such personal injury claims within four years of the accident date. Once liability is established, recoverable damages may include:
- Medical expenses (current and future),
- Lost income and diminished earning capacity, and
- Pain and suffering
Paraplegia
What Is Paraplegia?
Paraplegia is a severe condition resulting from trauma to the lower spinal cord, typically leading to paralysis of the lower torso and legs. This life-changing injury disrupts daily functioning and often brings significant physical and emotional challenges.
Causes and Legal Implications
Paraplegia can arise in numerous scenarios, including car, truck, and motorcycle accidents, slip-and-fall incidents, boating accidents, or due to defective products In legal terms, each of these situations may constitute grounds for a personal injury claim if negligence is established.
Establishing a Legal Claim
To pursue a claim, injured victims must demonstrate:
- A legal duty owed to the plaintiff,
- A breach of that duty by the defendant,
- A direct causal link between the breach and the injury,
- Measurable damages suffered due to the injury.
Compensation for Paraplegia Victims
Victims may be entitled to comprehensive compensation covering:
- Medical care (past and future),
- Lost wages and diminished earning capacity,
- Pain and suffering, and
- Costs of therapy or in-home assistance.
Florida-Specific Legal Protections
Florida operates under a four-year statute of limitations for most personal injury claims, including paraplegia cases. Even if the injured party bears partial fault, they may still recover damages proportionate to the defendant’s responsibility, thanks to Florida’s pure comparative fault system.
Quadriplegia
What Is Quadriplegia?
Quadriplegia—also known as tetraplegia—is a form of paralysis resulting from a severe injury to the upper spinal cord. This injury leads to the loss of function in all four limbs, as well as the torso and pelvic organs.
Causes & Accountability
This life-altering condition can be caused by car or truck accidents, swimming pool mishaps, or medical negligence. In all cases, it may give rise to personal injury claims when someone else’s negligent conduct is to blame.
Legal Requirements for Proving Negligence
To hold the responsible party liable, a victim must demonstrate these four elements:
- A duty of care owed by the defendant
- A breach of that duty
- A direct causal link between that breach and the quadriplegia
- Quantifiable damages resulting from the injury
Types of Recoverable Damages
Victims may pursue compensation for:
- Past and future medical expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Long-term care needs—including life care planning that assesses medical, rehabilitative, psychological, social, and educational needs
Incomplete Spinal Cord Injuries
Understanding Incomplete Spinal Cord Injuries
Incomplete spinal cord injuries differ from complete injuries in that the victim retains some motor or sensory function below the level of trauma. Common symptoms include varying degrees of weakness, tingling, coordination difficulties, numbness, pain, loss of bladder or bowel control, and partial paralysis. Incomplete spinal cord injuries can significantly disrupt one’s lifestyle and future plans, including career paths. These injuries often require extensive rehabilitation, lifestyle adjustments, and sometimes career transitions. Pursuing legal accountability is not just about compensation—it’s about securing the financial stability needed to rebuild.
Typical Causes & Legal Recourse
These injuries often result from accidents caused by negligence, most frequently motor vehicle collisions—including car and truck accidents—but also falls, product defects, and motorcycle crashes. If another party’s carelessness led to the injury, victims have the legal right to pursue compensation by filing a personal injury claim.
Establishing a Negligence Claim
To secure compensation, an injured party must prove:
- The defendant owed a duty of care,
- That duty was breached,
- The breach caused the injury,
- And the injury resulted in actual damages
Florida follows a pure comparative fault system—if a victim bears partial responsibility, they may still recover damages proportional to the defendant’s share of liability
Whiplash
What Is Whiplash?
Whiplash is a neck injury that typically occurs when the neck is whipped forward and backward or side-to-side with rapid force. This motion strains or tears the neck’s ligaments and tendons, often resulting in significant pain.
Symptoms and Long-Term Effects
While many people associate whiplash with immediate pain, its symptoms often take hours, days, or even weeks to fully appear. Victims may experience:
- Stiffness and reduced range of motion
- Headaches
- Shoulder or back pain
- Dizziness and fatigue
- Sensory issues such as blurred vision or ringing in the ears
In severe cases, whiplash can result in fractures, nerve damage, or chronic pain that impacts daily life.
Legal Significance of Whiplash Claims
From a legal perspective, whiplash cases often arise due to another party’s negligence. Common causes include distracted driving, speeding, or failure to follow traffic laws. Under Florida law, injured individuals may seek compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Reduced quality of life
Herniated Discs
Understanding Herniated Discs
A herniated disc occurs when the inner cartilage pushes through the disc’s outer layer, causing compression on nearby nerves or spinal structures. This can result from various types of accidents—ranging from slip-and-falls to car, truck, or motorcycle collisions—and may lead to chronic pain, reduced ability to work, and significant lifestyle changes.
Common Causes & Symptoms
The most common form of disability stems from lower back pain, with about 90% of spinal injuries affecting this area; nearly 40% of middle-aged adults suffer from disc-related injuries.
Symptoms often include:
- Radiating pain down an arm or leg
- Swelling, numbness, or tingling
- Occasionally, kidney issues or paralysis
Herniated discs are often undetectable in X-rays. Early MRI or CT scans are essential for accurate diagnosis and effective treatment.
Legal Considerations & Compensation
If a herniated disc results from someone else’s negligence—like a driver’s careless conduct—the responsible party should carry the burden of the victim’s recovery costs.
To win a legal claim, it must be shown that:
- The defendant owed a duty of care,
- That duty was breached through negligent behavior,
- The breach directly caused the injury,
- And measurable damages resulted.
Proving causation can be challenging, with defendants often arguing that the injury was pre-existing. Skilled legal representation, supported by medical expert testimony, becomes crucial to link the herniated disc to the incident reliably.
