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Back injuries are among the most common consequences of car accidents and slip, trip, or fall incidents, and when caused by someone else’s negligence, they can inflict lasting damage to the vertebral column, rib cage, surrounding tissue, discs, nerves, and muscles. Our West Virginia spinal cord injury lawyers at Jan Dils, Attorneys at Law can help you pursue the compensation these injuries deserve, whether the harm you suffered left you with chronic pain, a permanent loss of function, or a diagnosis that will affect the rest of your life.
For some spinal cord injuries, particularly incomplete injuries where some function remains, intensive rehabilitation can restore a substantial degree of independence over time. Physical therapy, occupational therapy, and in some cases vocational retraining can help a person adapt to new physical limitations and, where possible, return to work in a modified role.
Even when a full return to a previous occupation is not realistic, documenting the specific gap between a person’s prior earning capacity and what they can now reasonably expect to earn is an important part of calculating fair compensation for lost future income in a catastrophic injury.
Trauma from an accident can produce a range of back and spinal injuries, some of which are immediately obvious and others that develop or worsen in the days following an accident. Common injuries include:
When a disc at the base of the spine slips and compresses a nerve running down the leg, a person may experience shooting pain, tingling, or numbness radiating from the lower back into the foot on the affected side. Treatment for this type of injury often requires surgery to relieve pressure on the affected nerve, and without prompt care, permanent numbness or chronic pain from the resulting neuropathy can develop and persist for years.
A bruised spinal cord requires immediate medical attention to relieve swelling, since unaddressed swelling can itself cause permanent paralysis even when the initial injury did not fully sever the cord. A torn spinal cord is more severe, interrupting the signals traveling through the central nervous system and causing paralysis below the location of the tear.
Where the tear occurs determines the extent of paralysis: a tear in the cervical region of the spine, near the neck, typically results in quadriplegia, while a tear in the lumbar region, lower in the back, more often produces paraplegia affecting the legs and lower body.
The precise location and severity of a spinal cord injury, documented through imaging and specialist evaluation, play a significant role in both medical treatment planning and the value of any resulting legal claim.
Spinal cord injuries arise from many different types of accidents, and identifying every responsible party often requires looking beyond the most obvious cause:
A thorough investigation into the specific circumstances of the accident is often necessary to identify every party who may share responsibility.
If a back injury is suspected after an accident, the injured person should not be moved except by trained medical professionals, since improper movement can worsen an unstable spinal injury and turn a potentially recoverable condition into a permanent one. Immediate transport to a hospital for evaluation gives doctors the best chance to reduce swelling, stabilize the spine, and limit the long-term disability that might otherwise result.
The window between an accident and appropriate medical intervention can significantly affect a person’s ultimate level of recovery, which is part of why documenting exactly when and how care was provided matters for a future legal claim as well as for the injured person’s health.
A diagnosis of paraplegia or quadriplegia changes far more than a person’s physical mobility. Many people who experience sudden paralysis go through a difficult psychological adjustment, grieving the loss of independence and abilities they once took for granted while also learning to navigate a world not always designed for wheelchair accessibility.
Relationships within a family often shift as well, with spouses, parents, or adult children taking on caregiving roles that can strain finances, careers, and emotional well-being over time. A well-prepared legal claim accounts for this broader impact rather than focusing narrowly on medical bills, recognizing that the true cost of a spinal cord injury extends into nearly every part of a person’s life and the lives of those closest to them.
The cost of paralysis rarely stays fixed. A power wheelchair alone can cost tens of thousands of dollars and typically needs replacement every five years, and that is before accounting for pressure-relief cushions, transfer equipment, and home modifications like widened doorways, roll-in showers, or a vehicle lift. Ongoing attendant care, whether provided by a professional caregiver or a family member who leaves paid work to provide it, is often the single largest expense over a lifetime, and quadriplegia cases typically carry substantially higher costs than paraplegia, given the greater level of daily assistance required.
Secondary complications are common in paralysis cases and often require their own recurring treatment and expense, including:
These costs tend to accelerate as a person ages, making an early, narrow settlement one of the most damaging mistakes a paralyzed accident victim can make.
A spinal cord injury claim generally requires establishing that another party’s negligence, whether a careless driver, a property owner who failed to maintain a safe walking surface, or another responsible party, caused the accident that led to the injury. Once liability is established, compensation can include:
Cases involving paraplegia or quadriplegia in particular often require input from life care planners who can project the cost of a lifetime of specialized medical equipment, home modifications, and personal care assistance that will only grow more expensive as the injured person ages.
West Virginia gives injured people two years from the date of the accident to file a lawsuit under West Virginia Code §55-2-12(b), and the state’s modified comparative fault rule under West Virginia Code §55-7-13a allows recovery as long as the injured person’s own share of fault does not exceed 50 percent, with compensation reduced in proportion to their percentage of responsibility.
Spinal cord injury claims often involve some of the highest lifetime costs of any personal injury case, and undervaluing that lifetime impact is one of the most serious risks an injured person faces when negotiating without experienced representation. Our attorneys work with medical specialists and life care planners to project the true cost of paralysis or chronic spinal damage over a person’s remaining lifespan, rather than accepting an early settlement offer based only on costs incurred so far.
We are dedicated and compassionate advocates who believe people injured by another’s negligence deserve to be fully compensated, and we handle every stage of your claim so you can focus on your recovery and rehabilitation rather than paperwork and insurance negotiations.
Recovery timelines vary enormously depending on the severity and location of the injury. Some back injuries improve significantly with surgery and physical therapy within months, while injuries involving paraplegia or quadriplegia often require lifelong management rather than a defined recovery period with an expected end date.
Yes. Conditions like a bruised spinal cord or a compressed nerve can worsen without prompt treatment, sometimes resulting in permanent damage that earlier intervention could have prevented entirely, which is why seeking immediate care after any suspected back injury is so important to a person’s long-term outcome.
Medical imaging, treatment records, and testimony from treating physicians or specialists all help establish both the cause and severity of a spinal injury. In cases involving long-term paralysis, a life care planner’s assessment of future needs is often central to accurately valuing the claim.
Yes. When paraplegia, quadriplegia, or another significant mobility limitation requires modifying a home for wheelchair access or other accommodations, those costs can generally be included as part of a claim’s economic damages.
Outside of claims arising from medical malpractice, West Virginia does not cap non-economic damages such as pain and suffering in standard spinal cord injury cases, meaning compensation is based on the actual severity of the injury rather than a fixed statutory ceiling.
A pre-existing condition does not automatically bar recovery, but it can complicate a claim if the at-fault party argues your current symptoms stem entirely from that prior condition rather than the accident itself. Medical records comparing your condition before and after the accident are often essential to addressing this type of argument effectively.
West Virginia’s modified comparative fault rule still allows you to recover damages provided your own responsibility for the accident stays at or below 50 percent. Crossing that threshold bars recovery entirely, while staying under it simply reduces your award by your assigned share of fault.
After receiving medical care, contacting a West Virginia spinal cord injury lawyer is one of the most important steps you can take to protect your right to compensation. Contact us online today to schedule an appointment regarding your or your loved one’s spinal cord injury with Jan Dils, Attorneys at Law.
To Schedule an Appointment, Call Us Toll Free at 1.877.873.8208 or Email Us for a Prompt Response.
Jan Dils, Attorneys at Law
