What Qualifies as a Spinal Cord Injury?

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Suffering a spinal cord injury can create a lifetime of complications, including limitations to mobility, quality of life, and overall length of life. These are some of the most devastating accidents, and you may not know if you will recover. If someone else caused your accident, you may be eligible for a significant amount of compensation. But what qualifies as a spinal cord injury?

Before you seek compensation, consider spinal cord injury qualifications. At Munley Law, our legal team will provide you with insight and clarity on whether your injury qualifies and what steps you can take to recover damages if it does. Contact us today to speak to a spinal cord injury lawyer before you talk to the insurance company.

What Is the Medical Definition of a Spinal Cord Injury?

The spinal cord is a pathway of communication that allows nerves to send and receive signals from the brain through the spinal column. A spinal cord injury is damage to the spinal cord and the network of nerves and nerve fibers that runs within the spinal column, connecting the nerves to the brain, as noted by the National Institute of Neurological Disorders and Stroke.

A spinal cord injury damages the core itself or the tissue and bones that surround the spinal cord in some way that interrupts signals. The damage to a spinal cord can be short-term and improve over time, or it may be permanent. At Munley Law, our spinal cord injury lawyer understands the severity of these injuries and how to build a strong case on your behalf. We can answer your questions and help you build a winning case.

What Medical Documentation Demonstrates Spinal Cord Injury?

To prove the degree of your injury, you must show medical documentation. All of your documentation must clearly show spinal cord damage, as well as whether it is temporary or permanent, and the extent of the damage. The following types of medical documentation may be necessary to prove you have a spinal cord injury:

• Licensed provider of a neurological examination, specifically grading of the ASIA scale

• Somatosensory evoked potentials (SSEPs), a type of test that uses magnetic stimulation to evaluate nerve signal transmission

• MRI, CT, and X-rays

• Medical records and documentation of physical trauma causing the injury

• Clarification of complete vs incomplete spinal cord injury diagnosis

Legal Qualifications for Compensation Claims

A spinal cord injury with lasting damage can be a sizable claim for damages if proven to be the fault of another person. However, spinal cord and spinal column injury are very different, with a spinal cord injury resulting in far worse outcomes. To seek compensation for a spinal cord injury, victims must demonstrate their injury, and also document another person’s fault and negligence in causing that injury. As noted previously, with medical documentation that upholds the injury, victims can pursue fair compensation for their losses.

Types of Spinal Cord Injuries That Qualify

Spinal cord injury classification applies to a wide range of specific injuries. It can occur at any location of the spinal cord and in various ways. When we consider what qualifies as a spinal cord injury, any of the below conditions can apply:

• Contusions and compression of the cord

• Lacerations and tears of the tissue

• Central cord syndrome, a condition that damages the center of the spinal cord, affecting the arms more severely than the legs

• Brown-Séquard syndrome, a condition that causes damage to one half of the spinal cord, causing loss to just one side of the body

• Anterior cord syndrome, which causes damage to the front of the spine, leading to motor function and pain, and temperature sensation

• Posterior cord syndrome, which causes damage to the back of the spinal cord, resulting in limitations to body awareness and vibratory sensations

• Cauda equina, which is not specific to the core itself, but the nerve root causing pain, weakness, and incontinence

What Does Not Qualify as a Spinal Cord Injury?

When diagnosing spinal cord injuries, doctors look specifically at where the damage is. If there is no damage to the cord itself but only to the bones or supporting structures, it would not be considered a spinal cord injury. That includes the following:

• Herniated discs

• Muscle injuries

• Tumors

• Ligament or tendon damage

A spinal cord injury classification must include specific damage to the cord or bundle of nerves, not just to the bone or surrounding areas. You must note the difference between a back injury and a spinal cord injury. A back injury refers to any injury of the back tissues, bones, and other structures, which can include but is not limited to the spinal cord.

What Is a Complete vs Incomplete Injury?

When it comes to how to know if you have a spinal cord injury, your doctor will explain the specific area in which your injury is.  There are two ways a spinal cord injury can cause injuries:

• Complete spinal cord injuries: There is no nerve communication below the injury site with the brain. In these cases, a person will lose muscle control, sensation, and function in all areas below the injury location.

• Incomplete spinal cord injuries: The spinal cord can send and receive some messages, but not all. This injury results in some feeling, function, and muscle control below the site of injury.

What Is the ASIA Impairment Scale as a Qualification Framework for a Spinal Cord Injury?

The American Spinal Injury Association Impairment Scale (ASIA) is a standardized neurological examination that classifies the severity of a spinal cord injury (SCI). This classification is dependent on the motor and sensory function a person has. It provides insight into the injury, the prognosis of that injury, and potential treatment options. As a component of spinal cord injury diagnosis criteria, the ASIA impairment scale will rate the injury from Grade A, the worst, resulting in no sensory or motor function below the level of injury, to Grade E, a person’s functions are normal and unhindered.

How Spinal Cord Injuries Are Diagnosed and Classified

A comprehensive diagnosis that provides evidence of the injury and its lasting nature enables doctors to formulate care plans, estimate long-term damage, and determine if permanent paralysis is likely. These factors influence your ability to recover damages after an accident.

The medical criteria for spinal cord injury are very specific. That is, to file a claim that includes this type of injury, you must demonstrate that your spinal cord has actual damage. This typically includes:

• Magnetic resonance imaging (MRI): This shows damage to the spinal cord and may indicate damage to the brain, as well as vascular irregularities, bleeding, inflammation, and compression of the nerves

• Computerized tomography (CT): This imaging test will detect bone fractures, bleeding, and spinal stenosis, or narrowing of the spinal canal

• X-rays: X-rays provide insight into vertebrae misalignment and fractures

Doctors also consider movement and strength, coordination, balance, walking, reflexes, and sensory nerves when evaluating a patient. Neurological examination findings right after the accident and through care and treatment provide clear data on the severity of the damage suffered.

By demonstrating your injury meets the medical criteria for a spinal cord injury, you can seek fair compensation for those damages. Without this documentation, it may be impossible to prove losses.

What Is Spinal Cord Shock?

Spinal cord shock can occur immediately after an accident. It is a temporary loss of motor and sensory functions below the level of the spinal cord injury. In these situations, there is an interruption of the signals traveling between the brain and body. This may be due, for example, to compression of the spinal cord. Treatment may alleviate the damage and allow healing with restoration of movement.

Why Does Injury Level and Completeness Affect Case Value in a Spinal Cord Injury?

The compensation received in any personal injury is reflective of the losses a person suffered and will suffer as a result of the negligence of another. That is why demonstrating that a spinal cord injury occurred is only one step in the legal process. It is also critical to clearly demonstrate the extent of the losses a person suffers. Consider the following factors:

• Level of injury: The location of the injury determines where mobility and sensation stop in paralysis. The higher this is on the spinal cord, the more components of your body face limitations.

• Permanency: Some people recover from spinal cord injuries while others do not. Those without recovery potential need significantly more compensation to meet their lifetime needs for care and well-being.

• Completeness of injury: A person with some mobility may be able to work or engage in life more so than a person with a complete loss.

The more impactful the injury is, the more limiting it will be to your health, emotional well-being, and mental well-being. This drives compensation levels.

How Do PA Comparative Negligence Considerations Impact My SCI Case?

Under Pennsylvania’s comparative negligence law, also known as a modified comparative negligence system, an injured person may recover damages as long as their fault is under 50%. Your percentage of fault lowers the amount of compensation paid to you. However, if you are found to be 50% or higher at fault for the accident, this system bars you from seeking any compensation for your losses.

Did you know that comparative negligence directly impacts your ability to recover damages in a spinal cord accident case? Your lawyer will work to eliminate any fault, if possible, to protect the amount of compensation available to you.

What Is the Difference in Traumatic and Non-Traumatic SCI from a Legal Standpoint?

Most spinal cord injuries are serious. A traumatic injury occurs when someone else’s actions contribute to your injury and losses. In a non-traumatic SCI, the damage occurs gradually, over time, and is often the result of internal damage. Another person or organization may not directly cause it. From a legal standpoint, you may seek compensation for losses when you can demonstrate that someone else’s negligence caused your injury. If you cannot do that, you may not be able to seek compensation.

What Accidents Result in Spinal Cord Injuries?

Numerous potential accidents could result in spinal cord injury, including:

• Motor vehicle accidents

• Slip and fall accidents

• Sports and recreational injuries

• Workplace injuries

• Violent injuries

When Should You Consult Medical and Legal Professionals About an SCI?

Anytime you are hurt in an accident, seek medical care. This is particularly important if you suffer from any limitations to movement or sensation. Emergency medical professionals will examine all aspects of your spinal cord and other areas to look for fractures, contusions, lacerations, and other indications of damage. They will provide treatment that could minimize the worsening of your condition.

If you have a spinal cord injury or believe you do, seeking immediate medical care is an essential step to ensuring the best level of recovery possible. This is not the type of injury you can ignore.

With a diagnosis of a spinal cord injury, it is also beneficial to hire a personal injury lawyer. At Munley Law, our extensive experience helping patients navigate the challenges of a sudden and traumatic injury like this is invaluable. We listen, guide, and provide you with clarity on your rights.

Strong legal support is essential to your long-term well-being. Without fair compensation, the ongoing medical and financial limitations you face, along with emotional and mental health complications, can be significant. A lawyer preserves your right to truly fair compensation.

Schedule a Free Consultation with a Spinal Cord Injury Attorney

Munley Law brings decades of experience and millions of dollars in recoveries to every battle. Our spinal cord injury attorney understands the anatomy and the legal rights given to you to seek fair compensation when someone else causes your injuries. Contact us now for a free consultation. We work on a contingency fee basis so you owe us nothing up front, and we only pay if we win your case. We will stand up for your right to compensation so you can focus on rehabilitation and recovery.