Helping You Recover & Rebuild After a Spine Injury
Rehabilitation, assistive devices, and in-home modifications and care can help a person with a spinal cord injury lead a productive, independent, and fulfilling life. But all of this can easily cost hundreds of thousands or even millions of dollars over one's life. That is why our Albuquerque spinal cord injury lawyers advocate for catastrophic injury survivors and their families, to help them seek and recover 100% of all medical and ongoing care costs from at-fault parties.
We handle spine injury cases in New Mexico and across the U.S. that involve:
The type of accident you’ve suffered determines the kind of claim we’d build against those responsible. For traffic accidents or other instances of negligence, you may have a personal injury lawsuit against the at-fault party. For a work-related spinal cord injury, you may be able to file a workers’ compensation claim and a third-party personal injury lawsuit. For a defective product, we may be able to file a product liability lawsuit against a manufacturer or other responsible party. For accidents and injuries on another’s property, a premises liability lawsuit may apply.
Types of Accidental Spinal Cord Injuries
The spinal cord is a crucial component of the central nervous system; any damage can significantly impact mobility and quality of life. There are several types of spinal cord injuries, each varying in severity and long-term effects:
Paraplegia
Paraplegia is the result of damage to the thoracic, lumbar, or sacral regions of the spinal cord, typically affecting the lower half of the body. Individuals with paraplegia experience loss of motor and sensory function in their legs and lower body. While the upper body and arms generally remain unaffected, those with paraplegia may require mobility aids such as wheelchairs and may need to adapt their living environments to maintain independence.
Quadriplegia (Tetraplegia)
Quadriplegia, also known as tetraplegia, is caused by injuries to the cervical spinal cord, leading to partial or complete paralysis of all four limbs and the torso. Individuals with quadriplegia may lose motor function and sensation below the level of injury, impacting their ability to breathe independently, requiring ventilators, and necessitating comprehensive rehabilitation and assistive technologies. Quadriplegia is the most severe spinal cord injury a person may experience.
Complete Spinal Cord Injury
A complete spinal cord injury (SCI) results in a total loss of motor and sensory function below the site of the injury. In these cases, there is no communication between the brain and the parts of the body below the injury level. This can lead to either paraplegia or quadriplegia, depending on the injury's location. Complete SCIs require significant medical intervention and long-term care to manage complications and support the affected individual’s daily living needs.
Incomplete Spinal Cord Injury
An incomplete spinal cord injury allows for some degree of sensation and movement below the injury site. The extent of impairment varies widely, depending on the injury’s severity and location. Types of incomplete SCIs include anterior cord syndrome, which affects motor function and sensation below the injury level, and central cord syndrome, which primarily impacts the upper limbs. Rehabilitation and physical therapy can often improve outcomes for incomplete SCIs.
Brown-Séquard Syndrome
Brown-Séquard Syndrome is a rare form of incomplete spinal cord injury characterized by damage to one side of the spinal cord. This injury often results in loss of movement and sensation on the injured side and loss of pain and temperature sensation on the opposite side. Individuals with Brown-Séquard Syndrome may retain some function in their limbs but often experience significant challenges affecting coordination and mobility.
Spinal Fractures & Dislocations
Spinal fractures and dislocations can also lead to spinal cord injuries. These injuries occur when the vertebrae are broken or displaced, potentially compressing or severing the spinal cord. The severity of the injury depends on the extent of the fracture or dislocation, its impact on the spinal cord, and the promptness of medical treatment. With spinal fractures and dislocations, early intervention is crucial to stabilize the spine and prevent further damage.
There is no such thing as a “minor” spinal cord injury. If you or someone you love has sustained any spine, neck, or back injury, our Albuquerque spinal cord injury firm is here to help.
Compensation for Your New Mexico Spinal Cord Injury Case
Victims of spinal cord injuries in New Mexico may be entitled to various forms of compensation to help cover the extensive costs and life changes associated with their injuries. A successful personal injury lawsuit for a spine injury may include economic and non-economic damages, depending on the extent of injury and its impact on the plaintiff's life.
Economic damages may include coverage for:
- All medical bills related to the injury, such as emergency care, surgeries, hospital stays, and medications.
- Lost wages and income, as well as loss of future earning capacity if the injury affects your ability to work long-term.
- Modifying your home to help with mobility: installing ramps, widening doorways, and adding assistive devices.
- Ongoing rehabilitation: physical, occupational, and psychological therapy to help you adapt to life after the injury.
- Assistive devices such as wheelchairs, prosthetics, and other equipment that aid in mobility and daily living.
Non-economic damages may include:
- Pain and suffering, including the physical pain and emotional distress caused by the injury.
- Loss of consortium, which may apply to spouses and family who lose companionship and support due to the injury.
Taxability of Compensation
In general, compensation received for physical injuries or sickness, including spinal cord injuries, is not taxable under federal law. This means that settlements or awards for medical expenses, pain and suffering, and lost wages due to a physical injury are typically not subject to income tax. It is advisable to consult with a tax professional and your attorney to understand the specific tax implications of your New Mexico spinal cord injury settlement or award.
Limits on Compensation in New Mexico
New Mexico does not impose caps on economic damages (such as medical expenses and lost wages) in spinal cord injury cases, allowing you to recover the full amount necessary to cover your financial losses. However, there is a cap on non-economic damages, such as pain and suffering, in medical malpractice cases, which is currently set at $750,000. It is important to note that these caps do not apply to all personal injury cases, and an experienced spinal cord injury attorney in New Mexico can help clarify how these limits might affect your specific case.
At Arnold & Itkin, our goal is to ensure that spinal cord injury survivors and families receive the maximum compensation available to support their recovery and future needs.
How a Spinal Cord Injury Attorney in New Mexico Can Help
Spinal cord injuries are life-altering events, leaving victims with significant physical, emotional, and financial burdens. A dedicated spinal cord injury attorney in New Mexico can provide invaluable support during this challenging time. By thoroughly investigating the circumstances surrounding your injury, an attorney can identify all liable parties, whether it’s an employer, a manufacturer, or another negligent party. They can then gather crucial evidence, such as medical records, accident reports, and expert testimonies, to build a strong case on your behalf.
As you focus on healing and spending time with the people you love, your attorney can negotiate with insurance companies and opposing parties. They will advocate for your rights, aiming to secure the maximum financial recovery for your medical expenses, lost wages, pain and suffering, and more. If a fair settlement cannot be reached, your attorney can take your case to trial. At times, the threat of trial is enough to encourage a fair settlement.
Securing Real Results for Real People
Every person that comes to our New Mexico serious injury firm deserves our time and attention. We recognize our clients as real people who need real results in order to improve their lives. Our steadfast approach and willingness to go the extra mile for our clients have helped us win more than $20 billion in verdicts and settlements.
Some of our notable spinal cord injury case results include:
- $120 million settlement for workers who experienced serious orthopedic and spinal injuries in a refinery explosion.
- $117 million settlement for a pregnant woman who suffered spine and brain injuries in an ambulance accident.
- $77.5 million settlement for a worker left paralyzed after a serious forklift accident.
- $49.5 million for a young man left paralyzed by an accident on an offshore platform.
We are also currently handling the following spine injury cases:
Don't leave your future to chance. Contact our team to talk about your case during a free, confidential consultation.