New York Spinal Injury Lawyer

Spinal injuries are among the most serious and life-altering injuries a person can experience. In New York, thousands of people suffer spinal injuries each year due to accidents, falls, medical mistakes, and acts of violence. These injuries can lead to severe consequences, including paralysis, chronic pain, and loss of mobility. They often result in emotional trauma and overwhelming financial burdens from medical expenses, rehabilitation, and lost wages.

If your spinal injury was caused by someone else's negligence, you have the right to seek compensation. If your spinal injury was caused by someone else's negligence, you have the right to seek compensation. Understanding your legal options is an important first step. A knowledgeable professional can help you evaluate your claim, gather critical evidence, and pursue compensation for your medical expenses, lost wages, and other losses.

What Are Spinal Injuries?

The spine is a critical part of the body, protecting the spinal cord, which is the main pathway for nerve signals between the brain and the rest of the body. Injuries to the spinal cord or vertebral column can cause severe consequences, including loss of sensation, strength, and function. The impact of a spinal injury can vary depending on the location and severity, leading to outcomes such as:

• Paralysis (quadriplegia, paraplegia, or hemiplegia)
• Chronic pain
• Loss of bladder or bowel control
• Respiratory problems
• Circulatory issues
• Emotional trauma, including anxiety and depression

Spinal injuries do not just impact the body, they can change nearly every aspect of a person’s life. Even with medical treatment and rehabilitation, some victims may never regain their former abilities. For many, adjusting to life with a spinal injury is a lifelong challenge that affects physical, emotional, and financial well-being.

Can I Sue for My Spinal Injuries?

You may be able to sue for your spinal injuries if they were caused by someone else's negligence or intentional actions. Here are two common legal bases for spinal injury claims:

• Negligence: This means that your spinal injury was caused by someone failing to act with reasonable care. For example, a driver texting while driving and causing a car accident that results in your spinal injury would be considered negligent. To prove negligence, you must show that the other party had a duty to act carefully, breached that duty, directly caused your injury, and you suffered damages as a result.
• Intentional Acts: If your spinal injury was caused by an intentional act, such as an assault, you may have grounds to sue. For example, if someone deliberately attacked you, causing a spinal injury, you can pursue a personal injury lawsuit against them for your damages.

If these elements are met, you may have a strong case for seeking compensation. A spinal injury lawsuit can result in compensation for medical bills, ongoing care costs, lost income, pain and suffering, and other damages. Contact an experienced New York spinal injury lawyer to discuss your case.

What Are the Common Causes of Spinal Injuries in New York?

Spinal injuries can take many forms, each affecting the body in different ways. Spinal fractures involve breaks in the vertebrae, which can be stable or unstable and may cause spinal cord damage. Spinal cord contusions are bruises to the spinal cord itself, while spinal cord compression occurs when pressure is placed on the spinal cord, often due to a herniated disc or fractured bone.

Herniated discs occur when the soft inner material of a spinal disc pushes out, pressing on nearby nerves. Spinal stenosis is a narrowing of the spinal canal that can place pressure on the spinal cord or nerves. In the most severe cases, spinal injuries can lead to paralysis, which may take the form of quadriplegia (affecting all four limbs) or paraplegia (affecting the lower body).

Spinal injuries can occur in many different situations, often when someone least expects it. These injuries may be the result of sudden trauma, such as a car accident, a fall from a height, or an act of violence. In other cases, they may result from medical negligence, sports accidents, or hazardous conditions on someone else’s property. Regardless of how they occur, spinal injuries can be life-changing.

• Motor Vehicle Accidents: Car, truck, motorcycle, and pedestrian accidents are a leading cause of spinal injuries.
• Slip and Fall Accidents: Dangerous property conditions can cause falls resulting in spinal damage.
• Construction Accidents: Falls from heights, scaffold collapses, and falling objects can lead to spinal trauma.
• Acts of Violence: Assaults, gunshots, and other violent incidents can damage the spine.
• Medical Malpractice: Surgical errors, anesthesia mistakes, and other medical negligence can cause spinal injuries.
• Sports and Recreational Accidents: High-impact sports and activities like diving or skiing can result in spinal damage.

What Are the Potential Damages in a Spinal Injury Lawsuit?

Victims of spinal injuries may be entitled to compensation for a wide range of losses, including:

• Medical Expenses (Past and Future): This includes emergency care, surgeries, hospital stays, rehabilitation, medications, medical devices, and future medical treatments you may need as a result of the injury.
• Lost Wages and Loss of Earning Capacity: If your injury prevents you from working temporarily or permanently, you may be compensated for lost income, future lost earnings, and any impact on your ability to advance in your career.
• Pain and Suffering: Compensation for the physical pain and discomfort you have endured since the injury and that you are expected to continue experiencing in the future.
• Emotional Distress: This includes compensation for the psychological impact of your injury, such as anxiety, depression, PTSD, and loss of self-esteem.
• Loss of Enjoyment of Life: If your spinal injury has prevented you from participating in activities you once enjoyed or limited your ability to live independently, you may be compensated for this loss.

The amount of compensation awarded varies from case to case, depending on a variety of factors, including the severity of the injuries. For example, in Young v. Tops Markets, Inc., 283 A.D.2d 923 (N.Y. App. Div. 2001), Thomas Young sustained serious injuries, including damage to his spine as well as injuries to his pelvis, knee, and heel, after falling 18 feet at work. The jury initially awarded Young $1.5 million for 4.5 years of past pain and suffering and $5.5 million for 25 years of future pain and suffering. However, the Appellate Division, Fourth Department, determined that these amounts deviated materially from reasonable compensation and reduced the awards to $1 million for past pain and suffering and $2.5 million for future pain and suffering.

In Miraglia v. H & L Holding Corp., 2004 NY Slip Op 51499(U) (Sup. Ct. Bronx Cty. 2004), Frank Miraglia suffered catastrophic spinal injuries after falling into a trench at a construction site and becoming impaled on a reinforcement bar (rebar). As a result, he experienced severe spinal cord damage, permanent paraplegia, constant nerve pain in his legs, loss of bladder and bowel control, and recurring urinary infections. At trial, a jury awarded Miraglia $86 million in damages, including $20 million for past pain and suffering and $55 million for future pain and suffering. However, the court found this award excessive and reduced it to $5 million for past pain and suffering, $10 million for future pain and suffering, and $8,295,000 for future medical expenses. The court emphasized the severity of Miraglia’s condition but also noted the need for the award to align with reasonable compensation standards based on comparable cases.

If you or a loved one suffered a spinal injury, it is important to understand your legal rights. An experienced New York spinal injury lawyer can help you determine the full value of your claim and fight for the compensation you deserve. They can guide you through the legal process, negotiate with insurance companies, and advocate for you in court if necessary.

Who Would I Sue for My Spinal Injury?

Liability for a spinal injury depends on the circumstances of the incident. Responsible parties may include:

• Negligent Drivers: Those who cause car accidents through reckless driving, speeding, texting while driving, or driving under the influence of alcohol or drugs. Drivers who fail to obey traffic laws or engage in aggressive driving can be held liable for crashes that result in spinal injuries.

• Property Owners: Those who fail to maintain safe premises, leading to slip and fall accidents, falls from heights, or other dangerous conditions. Property owners have a legal duty to keep their premises safe for visitors, including repairing hazards or warning of dangerous conditions.

  For example, in Barcia v. Costco Wholesale Corp., 2022 NY Slip Op 51499(U) (Sup. Ct. Bronx Cty. 2022), Grace Barcia sued Costco after she slipped on a wet floor at a Costco store in New Rochelle, New York, on July 3, 2015. Barcia sustained serious spinal injuries, including cervical disc herniations, which led to chronic neck pain, limited range of motion, and the need for extensive medical treatment. Her treatment included physical therapy, pain management, and ultimately a cervical spinal fusion surgery. Despite the surgery, Barcia continued to experience pain, discomfort, and loss of mobility, requiring further injections and medical care.

  The jury found Costco 87% at fault for the accident and Barcia 13% at fault, awarding her $1,604,996 in damages. Barcia argued that the damages for pain and suffering were too low, while Costco sought a new trial, claiming that the jury’s decision was unsupported by the evidence. The court reviewed the evidence, including medical testimony about Barcia’s spinal injuries, her need for ongoing treatment, and her complaints of pain. Ultimately, the court denied both parties' motions, upholding the jury's verdict.

• Employers and Contractors: Those who fail to provide a safe workplace, especially on construction sites where falls, falling objects, or unsafe equipment can cause spinal injuries. Employers are required to follow safety regulations and provide proper training and protective equipment.
• Product Manufacturers: Those who produce defective products that cause injury, including vehicles with faulty safety features, unsafe medical devices, or consumer products with design or manufacturing defects. Manufacturers can be held liable under product liability laws.
• Medical Professionals: Those whose negligence during treatment leads to spinal injuries. This can include surgical errors, improper spinal injections, misdiagnosis, or failure to properly treat a spinal condition. Medical professionals are held to a standard of care, and deviations can result in liability.

Anyone who owes a duty of care to others but fails to meet that duty can be held legally responsible for a spinal injury caused by their negligence. Additionally, if a spinal injury is caused by an intentional act, such as an assault, the responsible party may be held liable for damages and could also face criminal charges. If you or a loved one has suffered a spinal injury, it is important to consult with an experienced New York spinal injury lawyer to understand your legal options.

Will Insurance Cover My Spinal Injury?

Whether insurance will cover your spinal injury depends on the circumstances of the accident and the type of insurance coverage involved. Coverage may include:

• Auto Insurance: If your spinal injury resulted from a car accident, your own auto insurance may cover your medical expenses under New York’s no-fault insurance system (New York Insurance Law § 5102, § 5104), regardless of who caused the accident. If your injuries are severe and exceed the limits of your no-fault coverage, you may be able to pursue a claim against the at-fault driver’s insurance.
• Homeowner’s Insurance or Commercial Liability Insurance: If your spinal injury occurred on someone else’s property, their homeowner’s insurance or commercial liability insurance may cover your medical bills, lost wages, and other losses.
• Workers’ Compensation Insurance: If your spinal injury occurred at work, workers’ compensation insurance should cover your medical expenses, lost wages, and rehabilitation costs. This coverage applies regardless of fault, but it may limit your ability to sue your employer.
• Medical Malpractice Insurance: If your spinal injury was caused by medical negligence, such as a surgical error or improper spinal injection, the responsible medical provider’s malpractice insurance may provide compensation.

Insurance companies may try to minimize payouts or deny claims. To protect your rights and maximize your compensation, it is important to consult with an experienced New York spinal injury lawyer who can help you navigate the insurance claims process.

What Is New York's Statute of Limitations for Spinal Injury Claims?

New York law sets strict deadlines for filing a spinal injury claim, known as the statute of limitations. Missing these deadlines can permanently bar you from pursuing compensation, no matter how strong your case is. The specific time limits vary depending on the circumstances of the injury:

• General Personal Injury Claims: Under New York Civil Practice Law and Rules (CPLR) § 214, you have three years from the date of the accident to file a claim.
• Medical Malpractice Claims: If your spinal injury was caused by medical negligence, you generally have two years and six months (30 months) from the date of the malpractice or the end of continuous treatment to file a claim, as specified under CPLR § 214-a.
• Claims Against Government Entities: Special rules apply if your claim is against a state, city, county, town, village, or other government entity. Under New York General Municipal Law § 50-e, you must file a Notice of Claim within 90 days of the incident. Furthermore, General Municipal Law § 50-i requires that the lawsuit itself must be commenced within one year and 90 days after the incident.

There are some exceptions to these deadlines, such as for minors or in cases where the injury was not immediately discovered. Because determining the correct deadline can be complex, it is critical to consult with a knowledgeable professional to ensure your claim is filed on time.

Frequently Asked Questions About Spinal Injury Cases Contact Stephen Bilkis & Associates

If you or a loved one has suffered a spinal injury because of someone else’s negligence, you may be owed substantial compensation. Do not wait to get legal help. Contact an experienced spinal injury attorney in New York at Stephen Bilkis & Associates. With over 20 years of experience successfully representing injured victims, we have the knowledge and resources to help ensure your legal rights are protected and to aggressively pursue the maximum compensation you deserve.

Contact us today at 800.696.9529 to schedule a free consultation. We are available to help victims throughout New York City, Long Island, Westchester County, and surrounding areas, including the Bronx, Brooklyn, Manhattan, Queens, Staten Island, Nassau County, and Suffolk County.

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