New York Spinal Injury Lawyer

Spinal injuries can change a life in an instant. Thousands of New Yorkers suffer spinal trauma every year caused by car crashes, construction accidents, violent assaults, or medical mistakes. These injuries can lead to permanent disabilities, including paralysis, chronic pain, or loss of mobility. Recovery is often long, uncertain, and expensive.

At Stephen Bilkis & Associates, our experienced New York spinal injury lawyers have helped victims recover significant compensation for their losses. Lawyers working with our office have successfully recovered substantial compensation in spinal injury cases in New York, such as:

• $23 Million Verdict in Queens County Supreme Court in a case involving a motorcyclist in his 20s who collided with a commercial truck and sustained severe spinal injuries. The case proceeded to trial, resulting in a substantial jury award.
• $12.5 Million Verdict awarded to a 47-year-old man who was struck by a New York City Transit Authority bus while parked in Queens. He suffered two spinal cord injuries requiring multiple surgeries.
• $7 Million Settlement in Bronx County for a 40-year-old construction worker who suffered serious spinal injuries after falling from a baker’s scaffold at a job site.
• $6 Million Settlement in Bronx County for a 36-year-old roofer who sustained spinal injuries requiring multiple surgeries after a roof collapsed beneath him during construction work.

If you or a loved one has a spinal injury caused by someone else’s actions, you may be entitled to significant compensation. Our team of experienced New York spinal injury lawyers can help you understand your legal rights, assess your claim, and take action.

A spinal injury is one of the most serious types of injuries a person can experience. It affects the spine, which protects the spinal cord, the main pathway for nerve signals between the brain and the rest of the body.

In our 20+ years of representing clients with serious injuries, we have seen people with spinal injuries who have lost sensation, physical strength, and even the ability to function. We have also seen how the impact of a spinal injury varies depending on what part of the spine is injured and how severe the injury is. Some people experience chronic pain or limited mobility, while others face permanent paralysis and a complete change in how they live their lives. Common effects include:

• 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 affect the body. They often change how a person lives every day. We’ve seen many, many instances of how these injuries have impacted the ability to work, move around, interact with others, and take care of themselves. Even with strong medical support and long-term rehabilitation, some people are never able to return to the life they had before. Adjusting to life with a spinal injury is often ongoing challenge that affects their physical health, emotional well-being, and financial stability.

When someone comes to us with a spinal injury, we tell them that they may be able to sue for their spinal if the injuries were caused by another person’s negligence or intentional actions. Here are two common legal bases for spinal injury claims:

• Negligence: We have seen spinal injuries happen because someone simply didn’t take proper care. It could be a driver who was texting and caused a crash. Or a store owner who left a floor wet without a warning sign. In these situations, the law allows you to bring a claim if the other person had a responsibility to be careful, failed to meet that responsibility, and caused your injury. To move forward with a case, we would need to show that you suffered real harm as a result.
• Intentional Acts: If someone attacked you and caused a spinal injury, that is more than just a criminal matter. You can bring a civil lawsuit to hold them accountable and seek compensation for what you’ve been through. This includes medical costs, lost income, and the pain you now live with.

Each case is different. But if your injury was caused by another person’s actions, we can help you understand your legal options, including suing the responsible party to recover your losses.

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: We have seen how a single crash can leave someone with lasting damage to the spine. Whether it’s a rear-end collision or a pedestrian hit in a crosswalk, these accidents can cause herniated discs, fractured vertebrae, or even paralysis.
• Slip and Fall Accidents: Falls are one of the most common ways people end up with spinal injuries. We’ve seen the results of someone missing a step on a loose stair tread as well as the injuries from falling on a slick grocery store floor. Such falls can lead to serious harm, especially if the person lands on their back or neck.
• Construction Accidents: Construction work is physically demanding and often dangerous. We’ve seen how a fall from a scaffold, a roof collapse, or a piece of equipment dropped from above can leave someone with a spinal injury that changes their life in an instant. These accidents are often preventable and happen when safety rules are ignored or corners are cut.
• Acts of Violence: Spinal injuries caused by violence are especially difficult. We have seen how an assault or a gunshot wound to the back or neck can leave a person permanently injured, struggling not just with pain and limited movement but also with fear, anxiety, and the emotional weight of what happened.
• Medical Malpractice: Some of the most heartbreaking cases we have had to deal with are those involving serious injuries caused by medical malpractice. A spinal injury that results from a surgical mistake, a poorly performed injection, or an anesthesia error can leave a person with permanent damage. It is especially hard when someone goes to a doctor or hospital expecting help and ends up with an injury that changes their life.
• Sports and Recreational Accidents: Spinal injuries during sports or recreational activities often happen without warning. A dive into shallow water, a fall on the ski slope, or a hard hit during a game can cause serious trauma to the spine. Even athletes and active individuals can find themselves facing surgeries, long recovery times, and permanent changes to how they move and live.

The potential damages in a spinal injury lawsuit go far beyond medical bills. We have seen firsthand how spinal injuries can turn a person’s life upside down. Things that used to be simple, like getting out of bed, going to work, or caring for family, suddenly become overwhelming. When the injury was caused by someone else, the law gives you the right to seek compensation for everything that has changed. That includes your medical bills, your daily routine, your independence, and your ability to plan for the future. Victims of spinal injuries may be entitled to compensation for a wide range of losses, including:

• Medical Expenses (Past and Future): When a client comes to us, we demand compensation for the full scope of what they have lost. That includes the medical care they have already received and what they are expected to need in the future. Spinal injuries often require long-term care, and we fight to make sure our clients are not left paying for that on their own. To prove medical expenses, we would get copies of hospital records, surgical reports, physical therapy notes, prescriptions, and medical bills. We also speak with doctors and specialists to document what care will be needed going forward. This might include additional surgeries, long-term physical therapy, home health care, and durable medical equipment. We want to be sure that any settlement or verdict reflects the full cost of recovery.
• Lost Wages and Loss of Earning Capacity: We fight to recover lost income for clients who cannot work because of their spinal injuries. We make sure to get records from the client’s employer to show how much they were making and how much income they have already lost. That includes missed paychecks, reduced hours, or jobs they had to give up entirely. A serious spinal injury can make it impossible to return to the same work or stay in the same field. We also look at the long-term impact on the person’s career, including missed promotions, training opportunities, or the need to take a lower-paying job
• Pain and Suffering: We push hard for compensation for the physical pain and discomfort our clients live with every day. Spinal injuries often come with nerve pain, muscle weakness, and limited mobility. It can hurt to stand, sit, or even sleep. The pain doesn’t just go away after a few weeks. In many cases, it sticks around for months, years, or permanently. We work to make sure that pain is taken seriously and factored into any settlement or verdict. Pain and suffering damages are not just about what happened in the past, but also about what the person will have to deal with moving forward.
• Emotional Distress: We have seen how spinal injuries affect more than just the body. They can leave people feeling anxious, frustrated, isolated, or deeply depressed. Some clients struggle with the loss of independence or feel embarrassed about needing help with basic tasks. Others live with fear, especially if the injury was caused by a violent act or a traumatic accident. We make sure that emotional distress is part of the case, and we work with therapists, doctors, and family members to show how the injury has changed the person’s mental and emotional health.
• Loss of Enjoyment of Life: A spinal injury can take away the things that once brought joy. Some people lose the ability to travel, play with their kids, exercise, or even leave the house without help. When someone can no longer do what they once loved or live on their own terms, we make sure that loss is part of the case. To help ensure our clients get the maximum compensation, the first thing we do is get a detailed statement from the client. We want to understand what their life looked like before the injury and how it has changed. We also talk to close family members or friends who can describe what has been lost. In some cases, we use photos, videos, or therapist records to help support the claim.

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.

When a client comes to us after suffering a serious spinal cord injury, we seek to hold all at-fault parties accountable. That might be one person, or it could be several companies, contractors, or property owners who each played a role in what happened. We look carefully at every detail to make sure no responsible party is overlooked. Responsible parties may include:

• Negligent Drivers: If a client came to us with a spinal injury suffered in a car accident due to another driver's negligence, we move swiftly to hold that driver accountable for being careless behind the wheel. That includes drivers who were speeding, texting, ignoring traffic signals, or under the influence. We gather evidence such as police reports, witness statements, and video footage to show exactly how the crash happened and why the driver should be held responsible.
• Property Owners: Falling on someone else’s property is a common cause of spinal injuries. When victims come to us, the first thing we do is find out what the property owner knew, how long the hazard existed, and whether they did anything to fix it or warn people. Property owners have a legal duty to keep their premises safe. That means fixing broken steps, clearing ice and snow, cleaning up spills, and making sure lighting and handrails are in place. When they fail to take these steps and someone gets hurt, we hold them accountable. 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: When a spinal injury happens on a job site, we look at whether the employer or contractor failed to follow basic safety rules. The first thing we would do is get records from the employer to determine what kind of training was given, what safety equipment was provided, and whether the site followed OSHA standards. Falls, falling tools, collapsing scaffolds, and other job site hazards are often preventable. Employers and contractors are responsible for keeping workers safe. When they cut corners and someone ends up seriously injured, we hold them accountable.
• Product Manufacturers: When a spinal injury is caused by a defective product, we investigate whether the manufacturer failed to make that product safe. That could be a car with faulty seatbelts or airbags, a defective medical device, or a tool or machine with a dangerous design. In the case of a car, one of the first things we do is get the maintenance records, safety recalls, and any reports of similar incidents. Manufacturers have a legal responsibility to make sure their products are safe before putting them on the market. If they fail to do that and someone gets hurt, we take steps to hold them accountable.
• Medical Professionals: When a spinal injury is caused by a medical mistake, we look closely at whether the doctor, nurse, or other provider followed the proper standard of care. This includes surgical errors, improper spinal injections, misdiagnosis, or failure to treat a spinal condition in time. The first thing we do is review the medical records and speak with experts to find out what should have been done differently. Medical professionals are trusted to help, not harm. When their negligence causes a serious injury, we take action to hold them responsible.

We seek to hold anyone who owes a duty of care to others but fails to meet that duty legally responsible for our 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.

Whether insurance will cover your spinal injury depends on the circumstances of the accident and the type of insurance coverage involved. We always review all available insurance policies to see what coverage applies and whether more than one policy can be used to help cover the costs. This includes looking at the policies of the at-fault party, our client’s policies, and any coverage that may apply through employer or other sources.

• Auto Insurance: If a victim came to us with a spinal injury from a car accident, the first thing we would do is review their no-fault benefits to see what medical expenses are covered. Under New York’s no-fault insurance system (New York Insurance Law § 5102 and § 5104), their own policy may cover treatment regardless of who caused the crash. But spinal injuries often require more care than no-fault covers. If the injuries are serious enough, we would also look at the at-fault driver’s insurance to see if we can pursue a claim for the remaining costs.
• Homeowner’s Insurance or Commercial Liability Insurance: If a person with a spinal injury came to us and the injury occurred on someone else’s property, one of the first things we would do is get the records of the insurance coverage for that property. That could include a homeowner’s policy, a landlord’s policy, or commercial liability coverage if the injury happened at a business. These policies may help pay for medical bills, lost income, and other related expenses. We review the policy limits, look for any exclusions, and check whether more than one policy might apply.
• Workers’ Compensation Insurance: We also consider workers’ compensation when a spinal injury happened at work. The first thing we would do is get the insurance records from the employer to confirm coverage. Workers’ compensation is meant to pay for medical care, lost wages, and rehabilitation, no matter who was at fault. But it often limits the ability to sue the employer directly. That is why we also look at whether other parties, such as subcontractors, property owners, or equipment manufacturers, may share responsibility for what happened.
• Medical Malpractice Insurance: When a spinal injury is caused by medical negligence, typically the doctor's malpractice insurance would cover the harm. So, our strategy would be to get a copy of the provider’s insurance policy to confirm that it applies to the care the patient received. We look at what the policy covers, how much coverage is available, and whether anything in the policy could limit or block a claim. This helps us determine how much compensation can realistically be pursued through the provider’s insurance.

We’ve seen time and time again how insurance companies try to minimize what they pay or deny valid claims altogether. They may downplay the seriousness of the injury, question the need for ongoing treatment, or shift blame to avoid responsibility. That’s why it’s so important to have someone on your side who knows how to deal with these tactics. We work directly with the insurance companies, handle the paperwork, and push back when they try to avoid paying what is owed. The goal of our experienced New York spinal injury lawyers is to protect your rights and make sure you receive the full compensation you deserve.

New York’s statute of limitations for spinal injury claims sets strict deadlines for taking legal action. We always tell clients that one of the biggest mistakes they can make is waiting too long to take legal action. If you miss the deadline, you could lose your right to 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.

If you or someone you care about has suffered a spinal injury because of another person’s negligence, you may be entitled to significant compensation. Do not put off getting legal guidance. Contact an experienced spinal injury attorney in New York at Stephen Bilkis & Associates. With more than 20 years of experience handling serious injury cases, we understand the stakes. We will work to protect your rights and build a strong case aimed at recovering the full compensation you need to move forward.

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.