Spinal cord injuries can be one of the most devastating types of injuries you can sustain in an accident. Not only could you be dealing with excruciating pain, permanent disability, and require assistance completing daily living tasks, but your extreme medical expenses and the emotional distress that comes with being involved in a catastrophic accident can feel like too much to bear. Fortunately, you do not need to go through this alone.
With the legal support of a client-focused San Clemente spinal cord injury lawyer from Text Kevin Accident Attorneys, you can make the liable party pay. Our personal injury attorneys are here for you and ready to demand justice. When you are ready to take control of your future, do not hesitate to contact our office and request a free consultation. When you do, you can learn more about how spinal cord injury lawsuits work, whether you should accept a lump sum settlement offer, and what to expect from your claim.
What is a Spinal Cord Injury Worth?
Spinal cord damage can be one of the most expensive injuries victims can sustain. The medical expenses alone can exceed well over $100,000, particularly if you are dealing with a permanent disability and require ongoing medical care. In addition to your medical expenses, your spinal cord injury attorney will also need to consider the other ways your life has been affected by the accident and your subsequent injuries. Examples of damages that could be demanded in your spinal cord injury include:
- Lost wages
- Disfigurement
- Pain and suffering
- Loss of consortium
- Skin scarring
- Loss of household services
- Reduced earning potential
- Diminished quality of life
- Permanent disability
- Emotional distress
Note
If the insurance company makes you a lump sum settlement offer, do not accept it without reviewing the offer with your attorney. Lump sum settlements absolve the insurance company from future payouts. If your spinal cord injuries worsen or require additional medical support, these expenses will not be covered by the insurance company if you accept a lump sum settlement.
There are Multiple Types of Spinal Cord Injuries
The severity of your spinal cord injuries will determine how much compensation you are awarded. Spinal cord injuries can come in several forms, including:
- Complete paralysis
- Flaccid muscles
- Hemiplegia
- Monoplegia
- Paraplegia
- Partial paralysis
- Spastic paralysis
- Tetraplegia
- Quadriplegia
Tip
To get the most out of your claim, be sure to keep a detailed personal journal. This personal account of the various ways you have been affected by your spinal column injury or paralysis will go a long way in proving the value of your claim.
Top Causes of Spinal Cord Injuries in San Clemente
Identifying the cause of your spinal cord injury will be one of our top priorities. Our team at Text Kevin Accident Attorneys will conduct an intensive investigation so we can gather the evidence we need to establish cause and fault. Some of the most common causes of spinal cord injuries throughout San Clemente, CA include:
- Bicycle accidents
- Falling objects
- Medical and surgical complications
- Motor vehicle accidents
- Pedestrian accidents
- Slip and fall accidents
- Sporting or recreational accidents
- Violent acts
- Work accidents
Pro Tip
If someone you love suffered a debilitating spinal cord injury before ultimately passing away from complications related to the injuries they sustained, your family may have the right to initiate a wrongful death action under CCP § 377.60. Contact our compassionate wrongful death attorneys today to find out whether you have the authority to file suit.
San Clemente Spinal Cord Injury FAQs
Whoever is responsible for causing the accident you were involved in will also be expected to cover your medical expenses. California is a fault state per INS § 11580.1, so liable parties will be expected to compensate injury victims when they are responsible for causing an accident. In some cases, the liable party will have insurance coverage. The type of accident you were involved in will often determine whether those responsible are insured.
For instance, if your spinal cord injury was work-related or caused by a car accident, the liable party likely has Workers’ Compensation protection coverage or auto insurance. Many insurance policies will cover a sizable portion of your medical expenses. The exact amount you can expect the insurance company to cover will be based on how much coverage the policyholder has purchased. If they only have the minimum amount of coverage required or offered, it may not cover the total value of your medical bills. When this happens, you may need to file a personal injury lawsuit against them if you hope to maximize your payout.
No, you can hire a catastrophic injury lawyer on contingency. When you hire Text Kevin Accident Attorneys to take on your spinal cord injury claim, we do not require a retainer fee or charge you an hourly rate. Instead, in accordance with Rule 1.5 Fees for Legal Services by the State Bar of California, we only get paid if we successfully recover compensation for your damages. If we are not successful, we do not get paid for all the costs that come with pursuing your case.
For this reason, if we take on your spinal cord injury lawsuit, you can be confident that we would not have taken on your case if we did not think we would win. If you are struggling financially while you move through the claims process, you may want to consider looking into pre-settlement legal funding which allows you to tap into your anticipated settlement as a sort of cash advance.
There are several potential legal options that may be available to you if you hope to ensure those responsible for causing your injuries are held accountable to the fullest extent of the law. First and foremost, we will consider our options in terms of insurance claims. While California is a fault state for insurance, meaning you initiate the claims process by filing a claim against the liable party’s insurance policy, this is not your only option. There may be multiple insurance claims that can be filed depending on the circumstances of your case. You may even have the option of filing an insurance claim against your insurance policy if you have included no-fault insurance on your plan. If this is the case, your insurance company will be expected to compensate you without regard to liability. However, if you take advantage of this option, expect your insurance premiums to increase.
Insurance settlements are not the only way to maximize your compensation. Filing a spinal cord injury lawsuit in San Clemente could be your best opportunity to be made whole. There is no amount of money that will change or make up for what you have been through, but it can give you an opportunity to rebuild your life without financial worries. Although going to trial can be intimidating, with a powerful legal advocate in your corner, you can feel confident fighting to bring the liable party to justice.
Punitive damages are a type of award that can be included as part of your personal injury settlement. However, punitive damages are not issued in every personal injury case. Under California Civil Code Section 3294, punitive damages will only apply if the defendant’s actions are grossly negligent or willfully harmful. If the evidence does not suggest the defendant intended to cause injuries or completely disregarded your safety or well-being, the judge may be unwilling to impose a punitive damages award.
If the judge believes the defendant’s conduct warrants further punishment, punitive damages may apply. The judge may also issue a punitive damages award to signal to community members that similar types of negligence are considered intolerable by the San Clemente civil courts and will be addressed accordingly.
It is unlikely your insurance settlement will be enough to cover the total value of your damages. The insurance company will not be expected to compensate you for every loss. Instead, they are only held accountable for the covered losses as outlined in the insurance policy. For this reason, many insurance settlements only provide compensation for property damages and medical bills. There are also different levels of insurance coverage the policyholder could purchase. If they did not increase their coverage amounts, you may find your medical bills and property damages are not fully covered either.
The best way to ensure you are repaid in full for your damages is by filing a spinal cord injury lawsuit. Here, you do not need to worry about being limited by insurance policy terms. You should be reimbursed for every single way your life has been affected by the injuries you sustained. Our spinal cord injury attorneys with Text Kevin Accident Attorneys are prepared to advocate for your rights at trial so you can receive the just compensation you deserve.
Consult a Premium San Clemente Spinal Cord Injury Lawyer for Help Today!
Your spinal cord injuries may leave you permanently disabled, paralyzed, and unable to live your life normally. Do not be forced to cover the costs while the liable party moves forward with their life. Demand they be held accountable for their negligence and for the fair compensation that is rightfully yours. Reach out to a trial-proven San Clemente spinal cord injury attorney with Text Kevin Accident Attorneys when you are ready to take legal action.
Whether you or someone you love has suffered a catastrophic spinal cord injury, you can rest easier knowing our team is working tirelessly to build a powerful case against those responsible. Fill out our quick contact form or call our office to schedule your no-cost, risk-free consultation as soon as today. When you have the resources to put the trauma of this experience behind you, you will be glad you did.
San Clemente FAQs
There are several healthcare providers, surgeons, and facilities that specialize in spinal cord injuries across San Clemente, CA. Here are some of the top-rated:
Rojeh Melikian, MD – Spine Surgeon
DISC Surgery Center at Newport Beach
Todd William Peters, MD – Disc Sports & Spine Center
Advanced Spine Care – Kushagra Verma, MD
Luna Spine and Orthopaedic Surgery
Spine and Sport Physical Therapy
Many spinal cord injury victims require physical therapy to help them regain functionality and mobility. Here are some of the most popular physical therapists in San Clemente:
1. SCOR Physical Therapy
Located in San Clemente Professional Plaza
2. California Rehabilitation and Sports Therapy – San Clemente
3. San Clemente Physical Therapy
Yes, if your spinal cord injuries have left you disabled and requiring a home health aide, the following providers may be able to help you pick up the pieces of your life:
1. Homewatch CareGivers of Huntington Newport Beach
2. SYNERGY HomeCare
Located in Talega Business Park
3. Amada Senior Care
Free consult 
Onsite services 
English fluent 
Spanish fluent 
Vietnamese fluent 
Wheelchair accessible 
Restroom 
Free parking 
LGBTQ+ friendly 
Open 24 hrs. 
