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Most conversations stop once someone says they’ve been injured with a spinal cord injury. Everything has changed. In my time as an attorney representing clients in Dallas, I have met many families who believed they understood what “hard” meant until it hit them. The mother whose child was injured in a car wreck while driving home from school. The husband whose wife fell off scaffolding while working at a construction site in Deep Ellum. The family member who has suffered as a result of a hospital error. And now, they’re sitting across the table discussing wheelchair ramps, catheters, etc., wondering if he/she will be able to go back to work again.
The name on the door here at this law office is mine. I’ll tell you something most attorneys don’t say upfront: spinal cord injury cases are different. They cost more to prove. Take longer to settle. The insurer will contest a high-value claim for spinal cord injuries due to the large amount of money that is involved (damages) in the claim. But that’s when you need a lawyer who has experience building these types of cases from day one.
In Texas, you cannot treat cases involving spinal cord injuries like other personal injury claims. In fact, many times the total medical expenses will be substantial, depending on a person’s care needs. That is to say, they may include an emergency operation at either Parkland Hospital or Baylor University Medical Center; several months of in-patient rehabilitation; a specially designed wheelchair that could cost almost as much as a new automobile; modification to your home; loss of earnings for thirty (30) to forty (40) years; and the ongoing expense of providing full time care at $200,000 per year or higher.
Spinal injuries resulting from spinal cord trauma may need a great deal of medical care, financial or economic review, and qualified expert evaluation and preparation for trial. However, spinal cord injury cases typically do not work that way. Placing claims resolution prior to an evaluation of future medical and financial needs risks undervaluing potential legal recoverables.
Here are a few things that I may use when developing your case in Dallas:
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Most Texas personal injury cases have a two year statute of limitations. However, determining when this time frame begins and if there will be an exception to the statute or a shorter “notice” requirement varies, depending upon the nature of your claim and the factual circumstances. Formal notice must be made before a claim against a Texas government entity may be filed; formal notice is frequently required much sooner than the ordinary statute of limitations for lawsuits. Under some municipal rules in Texas, a plaintiff will be required to provide formal notice within six months or less of the event.
Two years is a long time when you are lying in the ICU, concerned if you will ever walk again. The issue is that it can take some time to build a strong spinal cord injury claim.
Depending on the case and its particular circumstances, the investigation may involve review of medical records; analysis of accident-reconstruction data; economic analyses; other expert testimony or reports, and other evidence as is appropriate. In addition, there needs to be documentation on how this injury has affected each and every part of your life. If we start too late, then we have to rush through work that should be performed methodically.
The defendant is aware that they can do so also. Insurers and defendants may dispute liability, damages, or timing of the claim; therefore, claimants should be aware of all applicable time limits for filing their claims and all settlement offers.
As your Spinal Cord Injury Lawyer, I start working your case while you have time to recover. I protect and save evidence as soon as possible. I speak with witnesses prior to memories becoming unclear or lost. I document your injury through qualified experts prior to having to dispute the fact that your condition was improving with the insurance company.
Many U.S. cities have very hazardous roadways. In Dallas, some of the most hazardous roads include Interstate 35 E, which separates into separate roads about two blocks from downtown; the High Five; and L.B.J. Freeway at rush hour. Each year, numerous individuals sustain spinal cord injuries due to trucking wrecks where an eighteen-wheeler jackknives; drunken drivers cross over into another lane; or a driver is texting while running a red light.
These types of car wrecks can be physically devastating. Your spine will typically not withstand rapid compression or twisting. You may be going to work as usual one minute and unable to feel anything under your waist the next. I have represented clients with the following types of spinal cord injuries:
The most difficult aspects of pursuing a case for an auto collision spinal cord injury are the complexities surrounding spinal cord injuries in Texas. Texas follows the principle of Proportionate Responsibility. A plaintiff’s total damages are typically calculated as the amount of their injury multiplied by (1 – Plaintiff’s Percentage of Fault). Under Chapter 33, a claimant who is found to be at least 51% responsible for an accident may not recover any damages. Even if it is just a few percent that one party is responsible for in causing damage, a claimant may be able to recover less (or potentially even nothing) if they are found to have a higher amount of responsibility for the damage. On the other hand, liability of over 50% usually prevents a plaintiff from recovering entirely.
The behavior of speeding, distractions, and in certain instances, seat belt use are to be evaluated with regard to fault for an accident, injury, etc., should evidence show that the behavior was causative or contributory to either the accident itself or the resulting injury(s) as provided by law, regulation and/or statute. In many cases, insurance carriers hire their own expert witnesses to testify that you had a pre-existing condition related to your spinal cord that made it likely you would have been injured regardless of the incident occurring.
Every single day I am fighting against these types of arguments. I obtain the “black box” data from commercial trucks. In some previous matters, I have obtained evidence such as cell phone records to determine if a driver was distracted. I use biomechanical experts who help explain to jurors how the forces exerted on your body during this accident resulted in your spinal cord injury.
When you are injured at work in Texas, workers’ compensation will normally help pay for your medical expenses and some lost wages IF your employer has workers’ compensation insurance that covers injuries of the type you sustained. Some Texas employers do not purchase workers’ compensation insurance (non-subscribers). The statute of limitations for workers’ compensation is different from that of other types of cases. Injured workers are usually required to provide their employers with written notice of injury or illness within thirty (30) days after sustaining an injury. The injured worker then has one (1) year in which to formally file a workers’ compensation claim. Statutory provisions may provide exceptions.
Workers’ compensation insurance may not cover all types of losses from a severe spinal cord injury.
Statutory formulas and limits dictate how workers’ compensation income benefits are determined, and frequently provide for replacement of only a portion of the lost wages of an injured worker. The injury has also caused you great pain and suffering; the loss of being able to spend time with your children; and the inability to live your life as you did before the accident. If you were left paralyzed from the accident, degree of loss of earning capacity will depend upon your specific circumstances, including age, prior employment history, current income level, expected outcome for future earnings potential, and all relevant evidence.
A spinal cord injury attorney is the next step when you are looking to find a party who was at fault for your spinal cord injury. In addition to finding third-party liability, it may be that an equipment manufacturer manufactured a faulty ladder. It could also be that a subcontractor created the hazardous conditions that injured you. If there is evidence of a property owner being aware of the hazardous conditions and taking no action to correct them, then you can pursue both the workers’ compensation claim as well as a separate lawsuit against the property owner. Keep in mind that workers’ compensation subrogation and some other rules may also affect the recoveryÂ
In pursuing your claims for a spinal cord injury sustained on the job, I have handled many types of workplace spinal cord injury cases, including:
Spinal Cord Injuries can occur when an individual is injured while receiving treatment from a healthcare provider. Spinal cord injuries may result as a result of an accidental nick by a surgeon while performing a surgical procedure on the spine; or when an anesthesiologist improperly positions a patient so that it cuts off blood supply to the spine, resulting in permanent spinal cord injury; or because a hospital failed to properly diagnose and treat a spinal cord infection that resulted in permanent damage to the spinal cord.
Texas has some of the most difficult malpractice laws for victims who have suffered spinal cord injuries due to their own negligence. Texas health care liability claims are subject to special procedures in addition to the regular filing of a claim; these include mandatory pre-litigation notice and, post-filing of the complaint, mandatory expert reports. Such claims generally need qualified expert testimony to be admissible in court, and Chapter 74 requires a new time frame for filing an expert report once the defendant has answered the complaint.
A claimant in a medical malpractice case typically must show three things to prevail: The standard of care for the relevant health professional; That the provider violated this duty (i.e., breached their obligation); and that the violation was one of the causes of injury to the patient.Â
Working with medical professionals (like those of UT Southwestern and Mayo Clinic), we investigate and understand the events that occurred during the case by reviewing all available information, including the operative report, imaging data, and nursing reports. We provide evidence to the jury on how a reasonable physician would have acted differently in similar circumstances.
Cases such as this are important because when an individual seeks treatment for their health issues, they expect to receive assistance; however, upon discharge, a serious spinal cord injury is diagnosed. Someone needs to be held responsible for the error(s) which caused or contributed to your injury. Furthermore, it will likely prevent a future patient from experiencing the same medical errors.
You slip on an oil slick while you’re walking through a parking garage in downtown Dallas and fall backwards onto concrete. You jump or dive into a hotel swimming pool, but don’t realize that it’s only 3 feet deep. Boxes fall off of a high shelf and hit your back while you are shopping at a local retail establishment.
A Texas landowner will be liable for injuries that occur on their premises based upon the type of visitor (licensee/invitee), and depending on the specific conditions involved. The liability may also depend on if there existed an unreasonable risk, whether it was reasonable to correct/remove the hazard, and whether the landowner had knowledge or should have reasonably been aware of the hazard. If they do not comply with this duty and a person is injured (i.e., has suffered a spinal cord injury), then the owner may be held accountable for the injury caused by his negligence. However, typically an invitee premises liability claim will include evidence that there was an unreasonable risk of harm from a dangerous condition:
I have represented clients who suffered spinal cord injuries from hazards located at various locations including apartment complexes in Lakewood, shopping malls in Plano, eating establishments on McKinney Avenue and commercial offices in and around the Dallas Fort Worth Metroplex.
Many people who suffer from a spinal cord injury have experienced an accident. However, some individuals may be hurt by another person on purpose. For example, if a bar bouncer uses too much physical force and knock you to the ground. If you are physically harmed while walking through a poorly lit or unsecured parking area. If you experience paralysis due to domestic violence.
Criminal prosecutions do not always offer the same recovery of damages as an injured person would have available through a civil lawsuit; however, restitution can sometimes be ordered in a criminal case. This is when civil litigation enters into play. Based on how well the laws apply to the facts of a case, one or multiple parties could have been responsible for your injuries:
These cases send a message that violence can prove to be costly. They may also provide you with the resources needed for you to recover from the crime and take care of yourself in the future.
Sometimes there is an accident with a defective product that results in a spinal cord injury. The seat belt on your car breaks during a wreck. Your ladder falls. Your ATV rolls over due to its bad design. There are medications (the pharmaceutical industry) which have been shown to result in spinal damage as a known and undisclosed side effect.
A defective product may serve as grounds for a lawsuit against a legally accountable manufacturer or seller of that product. However, due to additional requirements and limitations on non-manufacturing (i.e., retailers) sellers, such lawsuits are usually barred in Texas. You can file a claim for recovering:
My job is to collaborate with engineers and product safety experts on testing products and explaining to Juries why things went wrong. The outcome of product liability claims is determined by whether a claimant settles out of court, as opposed to proceeding to a jury verdict, depending upon the strength of the evidence presented at trial, the defense(s) available to defend against those claims and the specific details of each case.
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When you have a spinal cord injury, and we’re working together to pursue a lawsuit, I’m looking at your entire lifetime, not just next month. This is how we determine a fair amount of money for your claim:
Economic Damages:
Non-Economic Damages:
Ordinary personal injury and medical malpractice claims do not include an all-inclusive cap on the amount of money that may be recovered for economic damages as long as there is no limitation on the amounts that may be incurred from statutorily allowable medical expenses; Chapter 74 has separate caps on non-economic damages in health care liability claims. In other words, if you were injured in a motor vehicle collision, our firm will fight for every dollar that represents the extent of your losses.
We work with “life care planners,” who interview you, review your complete medical history, and develop an itemized plan as to what you may need to live comfortably over the course of the remainder of your life (the average lifespan for individuals in their twenties is approximately 70-80 years; however, some studies suggest people now live until their mid-eighties). Once the planners have completed their plans, we have economists estimate what each service costs currently (in today’s dollars), and also estimate what these services will cost as time passes due to inflation.
These detailed medical and economic documentation may help us to support claims of damage when those damages are challenged.
Not every spinal cord injury is the same. It is how high up the spine was injured that will determine what functions are lost:
Cervical Injuries – Neck Injuries:
Thoracic Injuries – Mid-Back Injuries:
Lumbar and Sacral Injuries – Lower Back Injuries:
Complete vs. Incomplete:
Every Spinal Cord Injury is different from each other. Every Spinal Cord Injury has its own Medical Needs, Costs and affects your life differently. I work with Specialists that know about the differences of types of Spinal Cord Injuries. They also know how to explain those differences to Insurance Adjusters and Juries.
Early medical attention and preserving evidence may also contribute to both personal well-being and an assessment of whether a legal claim is valid.Â
Texas requires drivers involved in a motor vehicle collision that injures another person or persons toÂ
There are several things that you should be aware of:
Immediate Medical Response:
Documentation Of The Accident And Your Injuries:
Legal Representation:
Call a Spinal Cord Injury Attorney ASAP:
I have practiced law in Dallas for many years. I have tried spinal cord injury cases that have gone to trial and have reached logical conclusions. I have spent hours sitting with families at Parkland Hospital, awaiting the results of their loved ones’ surgeries. I have visited rehab centers where I have seen clients learn again how to do simple things like feeding themselves. This type of litigation has changed me.
If you hire me to represent you in a spinal cord injury case, you will receive the services listed below:
One-on-One Support:
Investing in Your Success:
The Importance of Trial Experience:
Track Record:
I have experience as an attorney representing individuals who suffer from a spinal cord injury in all of the cities listed below (in addition to others) within the Dallas-Fort Worth metroplex area:
If you were involved in a car wreck on Central Expressway, at Dallas Love Field, in a hospital in Las Colinas, or at a construction site in Addison, I may be able to assist you.
You are already under enough stress and burdened by medical appointments, insurance calls, and figuring out how to pay the bills because of the inability to work. And one other factor that you should not be concerned about is paying an attorney.
I will provide you with no-charge consultations regarding spinal cord injuries. If we decide to do so, I will meet with you (if possible) at my office or make arrangements for me to visit you in your home if it would be easier. At the meeting, I will ask questions concerning what occurred in relation to the accident, outline your legal options available to you, and determine if you have a claim. There is no pressure. There is no commitment. It’s just an open discussion based upon my experience as a spinal cord injury attorney.
I do not charge you anything upfront. My attorney fee is contingent on receiving a positive settlement, calculated according to the written contingent-fee agreement. My fee is based upon the amount of money received through the settlement or the award given by the judge, based on the percentage of fees and expenses agreed upon in the written contingent-fee contract.
In many cases, deadlines exist by which evidence or witnesses’ recollections may deteriorate over time. For this reason, seeking timely legal counsel regarding preserving potential evidence or testimony may be beneficial. If I can begin investigating prompty, it allows for a longer time frame in collecting and analyzing your evidence (although it does not assure any recovery).
I am available for a no-charge meeting today. Let’s discuss what happened with this injury, what you are up against, and how I may assist you. You’ve already got enough to think about regarding your recovery. I’ll take care of the litigation so that you can concentrate on getting well again.
Attorney responsible for this post: Jay Murray. Primary practice location: 2512 State Street, Dallas, Texas 75201.
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