Spinal cord injuries (SCIs) are among the most devastating physical traumas a person can experience, often resulting in significant and permanent physical, emotional, and financial consequences. In the United States, an estimated 17,000 new cases of SCI occur each year, and approximately 294,000 people are currently living with SCI-related impairments.
Dealing with the aftermath of such an injury involves assessing medical needs and moving through the legal system. At Harris & Hart Attorneys at Law, located in Overland Park, Kansas, we aim to provide genuine legal support backed by experience. Here, we’ll discuss the long-term effects of spinal cord injuries and the challenges faced by victims.
Assessing Spinal Cord Injuries
The spinal cord is a vital part of the central nervous system, responsible for transmitting messages between the brain and the rest of the body. When the spinal cord is damaged—whether through trauma, disease, or degenerative conditions—the resulting injury can impair motor function, sensation, and autonomic function.
Types of Spinal Cord Injuries
Complete injuries: These injuries result in a total loss of sensory and motor function below the level of the injury. Paralysis is usually bilateral and affects all areas below the injury.
Incomplete injuries: These allow for some function below the level of the injury. The extent of impairment can vary widely, depending on which parts of the spinal cord are damaged.
Levels of injury:
Cervical injuries: Affect the neck region and often result in quadriplegia (tetraplegia), impacting all four limbs.
Thoracic injuries: Affect the upper and mid-back and may lead to paraplegia.
Lumbar and sacral injuries: Typically impact lower body function and may still allow for upper body independence.
Spinal cord injuries present significant and enduring challenges across physical, emotional, and financial domains.
Causes of Spinal Cord Injuries
The leading causes of spinal cord injuries include:
Motor vehicle accidents (the most common cause)
Falls, especially among the elderly
Acts of violence (e.g., gunshot wounds)
Sports and recreational activities
Medical or surgical complications
Spinal cord injuries present significant and multifaceted challenges for those affected. Understanding the primary causes of these injuries is a crucial step in prevention and in pursuing appropriate legal recourse when negligence or other factors are involved.
Long-Term Effects of Spinal Cord Injuries
Spinal cord injuries often result in a cascade of long-term physical, psychological, and financial challenges. These effects can be lifelong and profoundly impact quality of life. The physical, mental, social, and economic impacts can include:
Paralysis and mobility issues: Permanent loss of movement and function in affected areas, as well as dependence on assistive devices like wheelchairs or mobility aids are issues individuals can face.
Secondary medical conditions: Chronic pain, pressure sores (decubitus ulcers), urinary tract infections and incontinence, respiratory issues, especially in high-level injuries, spasticity and muscle atrophy, osteoporosis, and joint problems are secondary conditions that can occur.
Life expectancy and mortality risks: Individuals with spinal cord injuries often face reduced life expectancy due to complications like sepsis, pneumonia, and cardiovascular disease.
Depression and anxiety: Many SCI survivors experience depression due to changes in independence and lifestyle. Anxiety and PTSD are common, especially when the injury results from a traumatic event.
Cognitive and emotional adjustment: Adapting to a new identity and lifestyle is difficult and can place a strain on relationships, including marital and familial bonds.
Employment Challenges: The loss of previous employment or the inability to perform previous job functions is a possibility, as is the need for vocational rehabilitation or retraining.
Medical costs: Immediate hospitalization and surgery, long-term rehabilitation and physical therapy, medical equipment, home modifications, and ongoing care are all costs that individuals with SCIs may experience.
Economic burden: Many families face bankruptcy due to the overwhelming cost of care.
Spinal cord injuries present significant and enduring challenges affecting physical, emotional, and financial well-being. Understanding the long-term impacts is crucial for both those living with SCIs and the legal professionals who assist them in seeking appropriate avenues for recovery and support.
Legal Avenues for Recovery in Kansas
Given the immense financial and emotional burden of SCIs, victims often seek legal remedies to recover damages from liable parties. In Kansas, several legal pathways exist for pursuing compensation, depending on the cause and circumstances of the injury.
Personal Injury Claims
In Kansas, an SCI caused by another party’s negligence, such as a car accident or unsafe property conditions, may be grounds for a personal injury lawsuit.
Elements of negligence: Duty of care owed by the defendant, breach of that duty, causation linking the breach to the injury, and damages resulting from the injury all pertain to negligence.
Types of compensation: Economic damages include medical bills, lost income, and the cost of future care. Non-economic damages are pain and suffering, emotional distress, and loss of enjoyment of life.
Comparative fault rule: Kansas follows a “modified comparative fault” rule (K.S.A. § 60-258a). If a plaintiff is more than 50% at fault, they can’t recover damages.
Spinal cord injuries caused by negligence in Kansas may lead to personal injury lawsuits. These claims hinge on proving negligence and offer avenues for economic and non-economic compensation.
Workers’ Compensation
If the SCI occurred in a workplace accident, the injured worker is typically entitled to benefits under Kansas Workers’ Compensation laws. These benefits include coverage for medical expenses, temporary and permanent disability benefits, and vocational rehabilitation services.
Workers' compensation operates as a no-fault system, allowing employees to receive benefits regardless of who was at fault for the injury. However, a key limitation of this system is that employees typically can’t directly sue their employer unless the injury involved gross negligence or intentional harm.
Product Liability
If a spinal cord injury is the result of a defective product, such as a malfunctioning car seat or a faulty medical device, pursuing a product liability lawsuit may be an option. Several types of product defects could lead to such a claim, including design defects, manufacturing defects, and a failure to warn consumers through inadequate instructions.
Importantly, Kansas law allows plaintiffs to pursue strict liability claims in these cases, meaning that proving negligence isn’t necessary if it can be shown that the product was unreasonably dangerous.
Medical Malpractice
Spinal cord injuries resulting from surgical errors or misdiagnoses can be pursued as medical malpractice claims. To succeed, plaintiffs must prove that the healthcare provider didn’t meet the expected standard of care within their profession.
Kansas law places limits on non-economic damages in medical malpractice cases, although these caps have been subject to changes due to recent court decisions.
Government Liability
Under the Kansas Tort Claims Act (KTCA), claims can be filed against a government agency or employee if they’re responsible for a spinal cord injury, such as due to unsafe road conditions. Claimants are required to provide written notice to the relevant government entity before initiating a lawsuit.
However, it's essential to note that the KTCA includes statutory immunities that may shield governmental entities from liability in specific situations.
Legal Process and Practical Considerations
Pursuing a spinal cord injury lawsuit in Kansas involves multiple procedural steps and practical concerns.
Statute of Limitations
Understanding the statutes of limitations for various legal claims following a spinal cord injury in Kansas is crucial for pursuing compensation, with personal injury, medical malpractice, and product liability actions generally subject to a two-year filing deadline, though exceptions may apply.
Personal injury: Generally, plaintiffs have two years from the date of the injury to file a lawsuit.
Medical malpractice: Also two years, but with discovery rule exceptions.
Product liability: Also subject to a two-year limit, though nuances exist.
Awareness of these time limits is essential for spinal cord injury victims in Kansas to protect their legal rights and confirm the opportunity to seek appropriate remedies.
Evidence Gathering
Successful spinal cord injury claims require thorough documentation, including detailed medical records, expert testimony to explain the injury and its long-term implications, accident reports or witness statements to establish liability, and financial documentation such as records of wage loss and medical bills to quantify damages.
Role of Expert Witnesses
Medical and vocational experts are crucial in spinal cord injury cases. They provide essential information by explaining the full extent of the injury, forecasting the necessary long-term care, and determining the costs associated with life care and overall economic damages. Their expertise helps to clarify the impact of the injury and justify the requested compensation.
Settlements vs. Trials
Many SCI cases settle out of court. However, complex liability issues or large damages may push a case to trial, where a judge or jury will determine compensation.
Spinal cord injuries are life-altering events that impact nearly every aspect of a victim’s existence, from physical independence to financial stability. While the road to recovery is long and arduous, Kansas law offers several pathways to seek justice and compensation.
Personal injury lawsuits, workers' compensation claims, product liability suits, and medical malpractice actions each provide potential relief, though the legal process can be intricate and requires diligent documentation and expert support.
For victims and their families, understanding their rights and securing skilled legal counsel is essential. In tandem with supportive services and advocacy resources, these legal avenues can provide the tools needed to rebuild lives and make sure that those responsible are held accountable.
Fair and Fearless Advocacy
While no amount of compensation can undo the injury, financial recovery can provide access to better care, quality of life, and justice for those affected by spinal cord trauma. At Harris & Hart Attorneys at Law, we serve clients in Kansas and Missouri and are qualified to represent you. If you need a firm to assist with your spinal cord injury case, contact us today.
