What Is a Spinal Cord Injury?

The spinal cord is a delicate bundle of nerves that is protected by the sturdy bones of your spinal column. It is responsible for a number of important functions in the body; namely, it transmits messages and controls both motor movements and sensation. A person sustains a spinal cord injury when this central nervous system pathway is damaged.

Spinal cord injuries lead to a wide variety of symptoms. A victim may suffer from paralysis, loss of sensory function, and many other debilitating conditions. Since the spinal cord is responsible for so many core functions, a victim may lose the ability to regulate body temperature, breathe on his or her own, control muscle movements, or feel. The effects of a spinal cord injury are often permanent and present an undue hardship to both the victim and his or her family.

Common Causes of Spinal Cord Injuries

The majority of spinal cord injuries arise from traumatic causes. Victims may suffer injuries to the spinal cord in any number of ways.

The National Spinal Cord Injury Statistical Center estimates that the most common are:

• Motor vehicle accidents (MVA): Car crashes can result in trauma to the back, especially at high speeds. Head-on crashes present a particular risk of serious injury. Motor vehicle accidents account for nearly half of all spinal cord injuries.
• Falls: This type of incident represents a quarter of all spinal cord injuries and is the most common cause of injuries in people over 65.
• Gunshot wounds: Surprisingly, this violent crime is the third leading cause of all spinal cord injuries, at 10%.
• Complications of surgery and medical care: These may arise from a known complication of a dangerous surgery or medical malpractice.

The Elements of a Spinal Cord Injury Claim

A victim of a spinal cord injury may collect compensation under several legal theories. Most personal injury cases, including spinal cord injuries, involve the concept of negligence. When a person commits negligence, he or she acts in a way (or fails to act in a way) that another, reasonable person would not. Another term for negligence is violating a duty of care.

Strict liability is another way in which victims can collect compensation. In some cases, a victim of a spinal cord injury need not show a party was negligent in order to collect damages. Instead, he or she must only show that a party was somehow responsible for the injury. This applies to spinal cord injuries caused by defective products, such as a malfunctioning seatbelt or airbag.