The short answer
If someone else's carelessness caused your spinal cord injury or paralysis, California law may allow you to seek compensation for lifetime medical and attendant care, equipment, home and vehicle changes, lost earning capacity, and pain. Most lawsuits must be filed within two years, and claims involving public agencies generally require a government claim within six months.
The spinal cord carries messages between the brain and the rest of the body. When it is damaged, the effects depend on where the injury is and how severe it is. A complete injury generally means a loss of movement and sensation below the level of the injury. An incomplete injury means some function remains, though it may be limited and unpredictable. Injuries higher on the spine can lead to tetraplegia, also called quadriplegia, which affects the arms, trunk, and legs. Injuries lower on the spine can lead to paraplegia, which generally affects the legs and lower body.
The effects reach far beyond walking. Many people living with a spinal cord injury face changes in bowel, bladder, and sexual function, chronic nerve pain, muscle spasms, pressure sores, breathing difficulties, and a higher risk of complications such as infections. Daily life can change completely. People often need help with personal care, a wheelchair or other equipment, a home that can be navigated safely, a vehicle with adaptive controls, and sometimes different work or no work at all. Emotional support for the person and the family matters too.
Our founding attorney has fought insurers for injured Californians since 2002. In our experience, they tend to rely on low future-care estimates, challenge the need for attendant care and equipment, and may watch an injured person's activities to argue that they need less help than they do. We build the claim with medical professionals, life care planners, and economists, so it reflects the whole future.
Your consultation is free and confidential, and you pay no attorney's fee unless we recover compensation for you. This page focuses on spinal cord injury and paralysis, and describes how these claims are fought and valued regardless of how the injury happened. Ordinary disc and back injuries are covered on our separate Spine Injuries page. Please call us early so evidence can be protected.
From the other side of the table
How insurers approach spinal cord injury claims
Low-balling future care
Lifetime care for a serious spinal cord injury is a large number, and insurers know it. They may present a thin estimate that leaves out attendant care, replacement equipment, and the medical complications that commonly arise. We work with physicians and life care planners to document realistic needs.
Surveillance of injured clients
Insurers sometimes hire investigators to film injured people, then argue that a good moment shows they need less help. A brief clip cannot show the effort, pain, and assistance behind it. We prepare clients and put the whole picture before the insurer.
Questioning the need for attendant care
Adjusters may suggest family members can provide care for free, or that fewer hours are enough. We document what care is medically needed and how the family has been affected.
Early, limited offers
In the early months, the full extent of recovery and complications is still unfolding. Early offers rarely account for it. We work to avoid settling before the long-term picture is understood.
Why it happens
Common causes
Motor vehicle and motorcycle crashes
High-force collisions and ejections are a common cause of spinal cord injuries, including fractures or dislocations of the spine.
Falls from heights
Falls at construction sites, from ladders or scaffolding, or from unsafe buildings can damage the spinal cord.
Pedestrian and bicycle collisions
A person struck by a vehicle can suffer severe spinal trauma, even at moderate speeds.
Workplace and industrial accidents
Heavy equipment, falling objects, and unsafe work conditions can cause serious spinal injuries. Workers' compensation may apply, and a claim against a third party may also be possible.
Acts of violence and unsafe premises
Inadequate security, poor maintenance, or negligent supervision can lead to injuries for which property owners may be responsible.
Diving, sports, and recreation incidents
Unsafe pools, equipment failures, or negligently run activities can lead to catastrophic spinal injuries.
What we see
Injuries we handle
What you may recover
Compensation in a California claim
Medical expenses, past and future
Emergency care, surgery, hospitalization, inpatient rehabilitation, ongoing therapy, medication, and treatment of complications over a lifetime.
Attendant care and personal assistance
The cost of help with daily tasks, whether from professional caregivers or family members, as medically needed.
Equipment, home, and vehicle modifications
Wheelchairs and replacements, specialized beds, lifts, ramps, accessible bathrooms, and adaptive vehicle controls.
Lost income and earning capacity
Wages lost during recovery and the reduced ability to work over a lifetime, supported where appropriate by vocational experts and economists.
Pain, suffering, and loss of independence
The physical pain, emotional distress, and the loss of activities and independence that follow a paralyzing injury.
Loss of consortium
A spouse or partner may seek compensation for the impact on the relationship, where the law allows it.
The rules that apply
California law you should know
Two-year filing deadline
Most personal injury lawsuits in California must be filed within two years of the injury, though evidence can be lost much sooner.
Code of Civil Procedure § 335.1
Government claims
If a public agency, such as a city, county, or transit agency, may be responsible, a government claim generally must be presented within six months.
Government Code § 911.2
Claim required before suing a public entity
A claim must generally be presented to a public entity before a lawsuit can be filed against it. If it is missed, relief for a late claim may be possible only in limited circumstances.
Government Code § 945.4
Past medical damages
Past medical expenses are generally limited to the amounts actually paid or incurred, rather than the full amount billed.
Howell v. Hamilton Meats & Provisions, Inc. (2011) 52 Cal.4th 541
Pure comparative fault
If an insurer argues you share some blame, compensation is generally reduced by your percentage of fault rather than barred.
Li v. Yellow Cab Co. (1975) 13 Cal.3d 804
General duty of care
People and businesses generally have a duty to use ordinary care to avoid causing harm to others.
Civil Code § 1714
General information, not legal advice. Deadlines and rules depend on the facts of your case, so talk to an attorney promptly.
Right now
Protect your claim
Evidence to gather
- Medical records from the scene, the trauma center, and rehabilitation
- MRI, CT, and X-ray imaging and neurosurgical and spine reports
- Records of your functional status, including mobility, bowel, bladder, and skin care
- Photos and video of the scene, vehicles, equipment, or hazard
- The vehicles and their event data recorders, kept out of repair or salvage
- Police, CHP, or incident report numbers and witness contact information
- Records of attendant care, equipment, and home or vehicle changes you need
- Pay records, job descriptions, and school or training records showing work impact
Mistakes insurers count on
- Giving a recorded statement or signing forms for an insurance company
- Accepting an early offer before the long-term needs are known
- Assuming family caregiving will be accepted as free by the insurer
- Posting photos or updates on social media that could be taken out of context
- Waiting too long when a public agency may be involved
- Skipping therapy, equipment evaluations, or follow-up care
Step by step
How we handle your case
- 1
Secure the evidence early
We send preservation demands for vehicles, data recorders, video, equipment, and records so critical evidence is not lost.
- 2
Identify every responsible party and policy
We look at drivers, employers, property owners, product makers, and public agencies, and we search for every source of insurance.
- 3
Build a life care plan
With physicians, rehabilitation specialists, and life care planners, we document your future medical, equipment, and attendant care needs.
- 4
Measure the economic losses
An economist can help translate future care and lost earning capacity into present figures that an insurer or a jury can evaluate.
- 5
Protect you from insurer tactics
We handle communications and prepare you for issues such as surveillance, so that your claim is not weakened by misunderstandings.
- 6
Negotiate or try the case
We pursue fair compensation through negotiation and file suit within the deadline, preparing every case to be tried.
Straight answers
Frequently asked questions
A complete injury generally means a loss of movement and sensation below the level of the injury. An incomplete injury means some function remains, though it can vary a great deal. Doctors classify the injury, and the classification can affect the care plan and the claim.
Injury Types