San Diego Spinal Cord Injury Lawyer - Spinal Cord Injury Attorney San Diego Can Trust

Have you or someone you love suffered a spinal cord injury in an accident? If your injury was caused by someone else's careless behavior or wrongdoing, you have the right to hold them accountable. A personal injury lawsuit can help you recover the money you need for medical care, lost earnings, and more.

A spinal cord injury attorney San Diego can trust can help you pursue compensation and hold the at-fault party responsible. At Berman & Riedel, LLP, our legal team has years of experience handling spinal cord injury cases. We are ready to fight on your behalf. Contact our law firm today to schedule a free consultation to discuss your case and explore your legal options.

What to Do After a Spinal Cord Injury in San Diego

A spinal cord injury can change a person's life in seconds. Whether the injury occurred in one of the many car accidents or motor vehicle collisions seen across San Diego, or because someone else's negligence caused a serious accident, the steps you take next can affect both your recovery and your legal claim.

1. Get Emergency Medical Care Immediately

Your first priority is getting immediate medical care. Prompt treatment helps stabilize the spine, control swelling, and reduce the risk of further damage from bone fragments or other complications. San Diego County's American College of Surgeons verified Level I and Level II trauma centers include Scripps Memorial Hospital La Jolla, UC San Diego Medical Center (Hillcrest), Sharp Memorial Hospital, and Rady Children's Hospital. The sooner an injured person receives specialized treatment, the better the chances for improved long-term outcomes.

2. Document Everything

If you're physically able or someone can help you, preserve as much evidence as possible. Take photos of the accident scene, vehicles, damaged equipment, or dangerous conditions. Collect witness names and contact information, and save clothing and personal belongings from the incident. Evidence preservation is often critical when proving how spine injuries happened.

3. Avoid Giving a Recorded Statement to the Other Insurance Company

You are not required to provide a recorded statement to the at-fault party's insurance company. Adjusters may ask questions designed to reduce the value of your claim before the full extent of your injuries is known. Limit discussions to your own insurance carrier until you've spoken with a spinal cord injury attorney San Diego can rely on.

4. Get a Comprehensive Neurological Evaluation

A detailed neurological evaluation helps your medical team understand the severity of the injury. Physicians commonly use the American Spinal Injury Association's ASIA Impairment Scale, which grades injuries from A through E.

This assessment helps determine treatment needs, future care, and whether complications such as muscle spasms, neck injury, or permanent disability are likely. It also guides rehabilitation, including occupational therapy, follow-up medical appointments, and other services within the healthcare system.

5. Speak With an Attorney Before Accepting Any Settlement Offer

Insurance companies often make early settlement offers before the full cost of treatment and future care is known. An experienced attorney can evaluate your claim, calculate long-term losses, and help ensure any offer reflects the true impact of your injury before you agree to anything.

6. Wait Until You Reach Maximum Medical Improvement (MMI)

Do not settle your case until you've reached Maximum Medical Improvement whenever possible. At that point, doctors have a clearer understanding of your long-term prognosis, future medical needs, and any lasting limitations. Waiting until MMI helps ensure your settlement accounts for the full financial and personal impact of your spinal cord injury.

Types of Spinal Cord Injuries

The spinal cord and the brain comprise the central nervous system (CNS), which receives information from the sensory nerves, processes the data, and responds with motor output through the glands or muscles. Several membranes and the spinal column (or spine) protect the spinal cord. The vertebrae that make up the spinal column help prevent spinal cord damage and allow you to stand upright, bend, and twist.

A spinal cord injury refers to damage to the spinal cord or the cauda equina, the bundle of nerves at the end of the spinal cord. Every year, around 17,500 people in the United States suffer a spinal cord injury (SCI). These injuries can affect the body's ability to function properly. Spinal cord damage can affect nerve and muscle control, bodily functions, sensations, motor function, and overall physical health.

Areas that may be affected include:

• Bladder and bowel control
• Sexual function
• Motor function
• Breathing
• Sensation
• Muscle movement
• Muscle strength
• Reflexes

When the spinal cord is damaged, it stops or reduces the flow of information below the injury site. The closer the injury is to the brain, the more of the body is affected. The injury may cause permanent paralysis that is total or partial.

The American Spinal Injury Association (ASIA) has established a system to grade the severity of a spinal cord injury. The ASIA Impairment Scale (AIS) grading system assigns a letter grade from E (normal) to A (complete injury with no motor or sensory function).

Complete vs Incomplete Spinal Cord Injuries

A spinal cord injury may be classified as complete or incomplete. A complete injury means all signals below the site of the injury are blocked. This leaves spinal cord injury victims with no sensation or movement below their injury as well as paralysis. An incomplete injury means some nerve signals are blocked, but some messages can still be sent to and from the brain. This leaves some function, sensation, and muscle control below the injury.

About one-fifth of spinal cord injuries are complete, and one-third are incomplete.

Levels of Spinal Cord Injury

The location of the spinal cord damage determines how much of the body is affected. An injury to the spinal cord blocks or impairs the flow of messages at and below the site of injury. The higher the injury, the greater the dysfunction.

There are four sections of the spine:

• Cervical – Head and neck. This is the most severe level of spinal cord injury.
• Thoracic – Upper chest, mid-back, and abdomen. Most people retain normal function of their arms and hands at this level.
• Lumbar – Hips and legs. At this level, a spinal cord injury may require braces or a wheelchair.
• Sacral – Hips, thighs, buttocks, and pelvis. Most people can still walk with a sacral spinal cord injury.

Paraplegia

This is a spinal cord injury to the thoracic, lumbar, or sacral spine. Paraplegia refers to paralysis of the legs, but it may also affect the arms and lower body. Depending on the location of the injury, it may affect the chest and abdominal muscles as well, impairing breathing.

• L3 to S5 – Incomplete paraplegia is likely. Bowel and bladder function may be affected. The victim may still be able to walk with an aid.
• L1 to L2 – Walking is unlikely. Abdominal and chest muscles are not affected. Bodily functions may or may not be affected.
• T7 to T12 – Abdominal muscles are affected, but the chest muscles are not.
• T1 to T6 – There is paralysis of the hips and legs and no control over bowel and urinary function. The abdominal and chest muscles are affected. This makes breathing and coughing challenging.  

Quadriplegia (Tetraplegia)

About 60% of SCIs result in tetraplegia, and 48% of spinal cord injury cases are incomplete tetraplegia injuries. This results in weakness or paralysis in all limbs, but victims retain some control or feeling. Tetraplegia is the most severe type of paralysis from a spinal cord injury, affecting all limbs and the body from the neck down. It's the result of an injury to the cervical spine in the neck.

The higher the level of the injury, the more serious the effects are and the more dangerous the condition becomes. A C1 to C2 injury, for example, causes paralysis of the muscles that control breathing. Urgent medical attention is needed, which usually involves ventilation. Blood pressure, sweating, and digestion are also affected because messages to and from the autonomic nervous system are blocked. A C3 to C4 injury may allow some control of breathing muscles. A C4 to C8 injury may allow a victim to retain some sensation and function in the arms and hands.

What Causes Spinal Cord Injuries?

Many types of accidents can cause a life-changing spinal injury. Below are the leading causes of spinal injuries.

Motor Vehicle Accidents

Most people under the age of 65 sustain spinal cord injuries in car accidents, bicycle accidents, and other types of crashes. Car crashes are the leading cause of SCIs and account for 38% of new spinal cord injuries every year.

Falls

Many spinal cord injuries are sustained in a fall. For seniors, falls are the leading cause of SCIs, and they account for 30% of new SCIs every year. Young people may also suffer a severe back injury in a fall, especially a fall from a height.

Sports

Sports injuries can be life-changing. Severe injuries are often the result of high-impact contact sports like football and hockey, but they can also happen during diving, horseback riding, and other activities. About 8% of spinal cord injuries are caused by sports and recreation.

Violence

Sadly, about 13% of spinal injuries are the result of violence. This includes stabbing, blunt impact assault, domestic violence, shootings, and other forms of violence.

Damages Available in a California Spinal Cord Injury Case

Accident victims are entitled to seek compensation for their damages from the at-fault party. Taking legal action allows you to pursue the money you need for medical expenses and other monetary damages as well as your non-economic damages like pain and suffering.

Common types of compensation you may recover in a spinal injury claim include:

• Medical bills, both current and future
• Rehabilitation, physical therapy, and counseling
• Lost wages
• Lost or diminished earning capacity
• Out-of-pocket expenses
• Pain and suffering
• Emotional distress and mental anguish
• Loss of quality of life
• Disfigurement or scarring

Spouses may be entitled to bring a separate loss of consortium claim if the injury negatively affected their relationship. This type of claim allows a spouse to recover compensation for the loss of intimacy, companionship, and moral support.

If your case goes before a jury, punitive damages may be available with clear evidence that the defendant's behavior was egregious, intentional, or displayed wanton disregard for your life and safety.

Factors That Drive SCI Settlement Value

Several factors influence the value of a spinal cord injury claim, including:

• Severity and permanence of the injury, including whether it is complete or incomplete and whether it affects the cervical, thoracic, or lumbar spine.
• Age at the time of injury, since younger victims often face greater lifetime damages.
• Pre-injury earning capacity, with higher-income professionals often having larger lost earning capacity claims.
• Available insurance coverage and the defendant's financial resources, which can limit the amount recovered.
• Strength of liability. Clear fault generally leads to higher settlements, while California's comparative fault rules may reduce compensation.
• Whether punitive damages may apply, such as in cases involving drunk driving, defective products, or gross safety violations.
• Jurisdiction and jury tendencies, with San Diego juries generally returning more moderate verdicts than Los Angeles juries.
• The quality of the life care plan, including detailed reports from qualified life care planning experts.
• The experience of your legal team, especially with spinal cord injury cases, expert witnesses, and complex damages.

How Our Spinal Cord Injury Attorneys Can Help You

After a life-changing accident, you should not be forced to fight an insurance company for the financial compensation you need to cover medical costs and living expenses. Our San Diego spinal cord injury lawyers are prepared to protect your best interests and fight on your behalf. When you choose Berman & Riedel, LLP, to represent you, we will:

• Provide legal advice and guidance
• Conduct an independent investigation into your accident
• Gather evidence that strengthens your claim
• Work with experts to provide crucial insight and determine the value of your future damages
• Handle all communications and paperwork while monitoring filing deadlines
• Negotiate on your behalf to seek a fair settlement agreement
• File a lawsuit and take your case to court if necessary

Our firm has earned recognition from peers for achieving exceptional results, including Martindale-Hubbell AV Preeminent, Super Lawyers, and a perfect 10.0 AVVO rating. Much of our work comes from referrals by former clients and fellow attorneys who trust our experience handling complex injury cases throughout San Diego County.

Whether your case involves a car crash, fall, defective product, or even a workers' comp settlement for spinal cord injury, we are committed to pursuing the maximum compensation available. Every legal claim is carefully prepared with the evidence, expert testimony, and long-term planning needed to fully account for the impact of a catastrophic injury.

If you are looking for a spinal cord injury attorney San Diego can trust, our team is here to help. We are proud to represent San Diego residents with compassionate guidance and a commitment to securing the best possible outcome.

San Diego Spinal Cord Injury Resources

Recovering from a spinal cord injury often requires ongoing medical care, rehabilitation, and long-term support. Whether your injuries resulted from person's negligence or another preventable accident, these local and national resources may help you navigate treatment, recovery, and the lifetime costs associated with your injury. If you have questions about your legal rights or a potential spinal cord injury car accident settlement, an experienced San Diego spinal cord injury lawyer can also help you understand your options.

Level I and Level II Trauma Centers Serving San Diego County

San Diego Spinal Cord Rehabilitation Facilities

SCI Support Organizations

San Diego Disability Resources

Spinal Cord Injury Attorney San Diego FAQs

What Is an Incomplete Spinal Cord Injury?

An incomplete spinal cord injury means some nerve signals can still travel through the damaged area of the spinal cord. Unlike a complete spinal cord injury, the person may retain some movement or sensation below the injury site. Early medical treatment and rehabilitation can help maximize recovery and independence.

Can You Recover From a Spinal Cord Injury?

Recovery depends on the location and severity of the injury. While some people regain function through intensive rehabilitation, others experience lasting impairments. Treatment may also address complications affecting sexual health, mobility, and daily activities. Every recovery plan should be tailored to the individual's specific needs.

How Long Do I Have to File a Spinal Cord Injury Lawsuit in California?

California generally gives injury victims two years from the date of the accident to file a spinal cord injury lawsuit, although exceptions may apply. Speaking with a spinal cord injury attorney San Diego CA can count on as soon as possible helps preserve evidence and protects your right to pursue compensation.

What Is the Average Settlement for a Spinal Cord Injury?

There is no fixed average settlement for spinal cord injury because every case is unique. Settlement amounts depend on the severity of the injury, liability, lost income, future long term costs, and ongoing care needs. An experienced attorney can estimate the value of your claim based on these factors.

What Is the Average Spinal Cord Injury Settlement in California?

There is no reliable average spinal cord injury settlement in California because outcomes vary widely. Claims involving serious spinal cord injuries typically result in higher compensation than less severe cases. A trusted spinal cord injury lawyer San Diego CA can trust can evaluate your spinal cord injury settlement based on your specific circumstances.

Call Berman & Riedel, LLP, for a Free Consultation With a San Diego Spinal Cord Injury Lawyer

If you or someone you love has suffered a spinal cord injury in San Diego, CA, Berman & Riedel, LLP, is here to help you. While our law office is located in San Diego, our spinal cord injury law firm represents victims throughout California. We'll connect you with a spinal cord injury attorney San Diego can count on.

Contact us to schedule a free case evaluation with a spinal cord injury attorney San Diego can trust. We accept personal injury cases on a contingency fee basis, which means you pay nothing out of pocket for legal representation. You only pay attorneys' fees if we are successful in recovering compensation on your behalf.

Give our team a call today at (858) 350-8855 or fill out our online form to get started.