Car accidents can cause serious injuries, and among the most severe are spinal cord injuries. These injuries often lead to long-term or permanent disability, affecting mobility, sensation, and overall quality of life. If you or a loved one has suffered a spinal cord injury as a result of a car accident in New York, you may be entitled to compensation through a personal injury lawsuit. However, pursuing a lawsuit for spinal cord injuries involves understanding specific legal procedures, gathering evidence, and working within New York's legal framework.

This article will provide an overview of how spinal cord injuries can result from car accidents, the steps you need to take to pursue a lawsuit, and the New York laws that may impact your case. Whether you, yourself, have suffered such an injury or or seeking justice for a loved one, understanding the legal process is key to achieving the best possible outcome.

We recommend that you consult with an experienced personal injury attorney in New York to discuss your specific case. Brandon J. Broderick, Attorney at Law is here to help.

Spinal Cord Injuries from Car Accidents

Severity and Impact of Spinal Cord Injuries

Spinal cord injuries are often catastrophic, leading to partial or total paralysis depending on the severity and location of the injury. These injuries can occur when the spinal cord is damaged, compressed, or severed, often as a result of the violent forces involved in car accidents. Even with immediate medical attention, spinal cord injuries can result in lifelong complications, including loss of movement and sensation, chronic pain, and an increased risk of secondary health issues.

In many cases, spinal cord injuries also come with significant financial burdens, such as medical bills, rehabilitation costs, and the need for ongoing care. If your injury was caused by someone else's negligence, you have the right to pursue compensation for these losses through a spinal cord injury lawsuit.

Common Causes of Spinal Cord Injuries in Car Accidents

In car accidents, spinal cord injuries typically result from the following scenarios:

• Rear-end collisions: Sudden impact from behind can cause whiplash or other spinal injuries, particularly in the cervical (neck) region.
• T-bone accidents: Side-impact collisions can cause serious trauma to the spine, especially if the impact is on the side of the vehicle where the victim is seated.
• Rollover accidents: These accidents often result in serious spinal injuries due to the violent nature of the crash and the potential for occupants to be ejected from the vehicle.

The severity of the injury will depend on various factors, including the force of the impact, the angle of the collision, and whether the victim was wearing a seatbelt at the time of the accident.

Pursuing a Lawsuit for Spinal Cord Injuries in New York

Step 1: Seek Medical Attention

The first step in pursuing a lawsuit for a spinal cord injury is seeking immediate medical attention. A detailed medical evaluation will document the extent of your injuries, which is essential for proving your claim. Even if you don’t feel immediate pain after the accident, it’s critical to get a medical examination, as some spinal cord injuries may not manifest symptoms right away.

Step 2: Gather Evidence

To prove that your spinal cord injury was caused by the car accident and that the other party was at fault, you will need to gather strong evidence. This includes:

• Police reports: These official documents provide important details about the accident, including any citations issued to the at-fault driver and the officer's assessment of fault.
• Medical records: Your medical records will serve as evidence of the spinal cord injury, including the diagnosis, treatment plan, and prognosis.
• Witness statements: If there were witnesses to the accident, their statements can provide additional evidence to support your claim.
• Photos and videos: Photos or videos of the accident scene, vehicle damage, and your injuries can help strengthen your case.

Step 3: Establishing Fault

New York follows a pure comparative negligence system, meaning that even if you are at fault for the accident, even partially, you can still recover damages. However, the compensation you receive will be reduced by the percentage of fault assigned to you in the accident. For example, if you are awarded $100,000 in damages but found to be 20% at fault, your award will be reduced to $80,000.

To maximize your compensation, it’s important to prove that the other party was primarily responsible for the accident. This may involve showing that the other driver was speeding, distracted, under the influence, or otherwise negligent at the time of the crash.

Step 4: Filing a Lawsuit

In New York, the statute of limitations is set to three years from the date of the accident. This is the time limit you have to file a personal injury, though certain scenarios could extend this. If you miss this deadline, you may not be able to file a claim to seek compensation. It’s important to consult with a personal injury attorney as soon as possible after the accident to ensure that your case is filed within the required timeframe.

Your lawsuit will seek damages for both economic and non-economic losses. This includes compensation for:

• Medical expenses: The cost of your medical treatment, including surgeries, hospital stays, rehabilitation, and any future medical care.
• Lost wages: Compensation for the income you’ve lost due to your inability to work, as well as future lost earning potential.
• Pain and suffering: Non-economic damages for the physical pain and emotional trauma caused by the spinal cord injury.
• Loss of enjoyment of life: Compensation for the impact that the injury has had on your ability to engage in activities you once enjoyed.

Specific Laws in New York Regarding Spinal Cord Injury Claims

No-Fault Insurance in New York

New York is a no-fault insurance state, which means that your own insurance company will initially cover your medical expenses and lost wages after a car accident, regardless of who was at fault. However, if your injuries are considered "serious" under New York law, you may step outside of the no-fault system and pursue a lawsuit against the at-fault driver.

Spinal cord injuries generally qualify as "serious" injuries under New York law, as they often result in permanent disability, disfigurement, or the loss of a bodily function.

Serious Injury Threshold

New York’s serious injury threshold must be met in order to file a lawsuit outside of the no-fault system. This includes injuries that result in:

• Death
• Significant disfigurement
• Dismemberment
• Loss of a body organ or function
• Permanent disability or impairment

Since spinal cord injuries often lead to permanent disabilities, they usually meet the threshold, allowing you to file a personal injury lawsuit for full compensation beyond the no-fault system.

Call Brandon J. Broderick For Legal Help

Navigating NY spinal cord injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.