Spinal cord injuries are among the most devastating injuries a person can suffer. From partial paralysis to total loss of mobility and function, these injuries often change a person’s life forever. In Fort Worth, filing a lawsuit for a spinal cord injury can quickly become a legal maze, full of complicated liability issues, extensive medical documentation, and high financial stakes. 

As Fort Worth personal injury attorneys, we’ve seen firsthand how complex these cases can become and how critical it is for victims to have a strong legal strategy from the outset.

Understanding the Nature of Spinal Cord Injuries

Spinal cord injuries (SCIs) occur when trauma causes damage to the spinal cord or the nerves at the end of the spinal canal. These injuries may result in varying levels of permanent loss of strength, sensation, and function below the site of the injury. Common causes include:

  • Car accidents
  • Falls
  • Workplace injuries
  • Acts of violence
  • Medical malpractice
  • Sports injuries

Because the spine controls such a wide array of body functions, even a minor injury can require lifelong medical care. The cost of treatment, therapy, adaptive equipment, and personal care can reach millions over a lifetime.

Why These Cases Are So Complicated

Spinal cord injury lawsuits are rarely straightforward. Multiple layers of complexity make them more challenging to resolve than other types of personal injury cases.

1. Proving the Full Extent of the Injury

Unlike broken bones or surface wounds, the long-term consequences of a spinal injury are often uncertain at the time of the accident. Victims may not know for months—or even years—how much mobility or independence they’ll recover.

A spinal cord injury lawyer must collaborate with neurologists, orthopedic surgeons, rehabilitation specialists, and life care planners to construct a comprehensive picture of the individual’s medical future. This often requires expert witnesses and long-term projections for physical therapy, surgeries, adaptive housing, and lost income.

2. Determining the Cause and Liability

In Fort Worth, liability is governed by Texas’s modified comparative fault rule. Under Tex. Civ. Prac. & Rem. Code § 33.001 states that if a plaintiff is found to be more than 50% at fault, they are barred from recovering damages. If the plaintiff is 50% or less at fault, their damages are reduced by their percentage of fault.

This makes the investigation phase critical. For instance:

  • Was the spinal cord injury the result of a negligent driver?
  • Did a defective product (such as a faulty seatbelt) contribute?
  • Was there negligence in emergency treatment that worsened the injury?

Each of these adds complexity and could introduce additional parties to the lawsuit, such as manufacturers, employers, property owners, or healthcare providers.

3. Dealing with Insurance Companies

Insurance companies do not take spinal cord injury claims lightly. These cases often involve multi-million-dollar settlements or jury verdicts, making insurers extremely aggressive in defending them.

They may dispute the severity of the injury, claim that the victim had a pre-existing condition, or even hire private investigators to challenge the victim’s disability.

Without an experienced Fort Worth personal injury attorney handling negotiations, victims can be left with lowball offers that don’t come close to covering the full costs of their injuries.

4. Calculating Long-Term Damages

Unlike simpler injury claims, spinal cord injury cases require a thorough calculation of damages. The following types of damages may be sought:

  • Economic damages: medical bills (past and future), lost wages, loss of earning capacity, home modifications, and medical equipment.
  • Non-economic damages: pain and suffering, loss of enjoyment of life, emotional distress, and loss of companionship.
  • Punitive damages: awarded in cases of gross negligence or intentional harm, though capped under Texas law.

Accurate calculation of these damages often requires testimony from vocational experts, economists, and rehabilitation planners.

5. Texas Caps on Certain Damages

Texas does not cap economic or non-economic damages in most personal injury cases—unless the case involves medical malpractice. Under Tex. Civ. Prac. & Rem. Code § 74.301, non-economic damages in medical malpractice cases are capped at $250,000 per claimant and $500,000 overall when multiple healthcare providers are involved.

This cap can significantly limit compensation for a spinal cord injury victim whose injury was caused by a hospital or physician. That’s why it’s essential to explore all possible avenues of liability outside of medical negligence alone, when appropriate.

6. Specialized Medical Evidence

Medical records in spinal cord injury cases are often highly technical. Understanding diagnostic imaging techniques, such as MRIs, electromyograms (EMGs), and CT scans, is essential, not only for doctors but also for lawyers.

Your attorney must be able to translate this medical evidence into a compelling narrative for the court or jury. Without that clarity, it becomes easy for the defense to inject doubt into the case and minimize the injury’s perceived severity.

7. Emotional and Psychological Impact

One of the most overlooked aspects of these cases is the psychological toll. Many victims experience:

  • Depression
  • Anxiety
  • PTSD
  • Loss of identity and independence

As a spinal cord injury lawyer, we emphasize the importance of comprehensive compensation. This includes covering ongoing counseling and therapy, not just for the victim but often for family caregivers whose lives have also been upended.

8. Jury Sensitivity and Bias

In Fort Worth courts, juries may hold preconceived notions about disability, responsibility, or the perception of pain and suffering. An effective attorney must prepare a compelling presentation that humanizes the victim and explains the full depth of the injury in relatable terms.

Demonstrative exhibits, such as anatomical models, day-in-the-life videos, and testimony from loved ones, can have a powerful impact in swaying the jury toward fair compensation.

How We Help Clients Navigate These Complex Cases

At our firm, we approach spinal cord injury cases with the urgency and precision they require. From day one, we:

  • Conduct thorough investigations
  • Preserve crucial evidence
  • Work with top-tier medical experts
  • Handle all communication with insurers
  • Fight for the maximum compensation allowed under Texas law

We understand that spinal cord injury victims are fighting not only for justice, but for a chance at rebuilding their lives. That’s a fight we take personally.

Statute of Limitations in Fort Worth Spinal Injury Cases

Under Tex. Civ. Prac. & Rem. Code § 16.003, spinal cord injury victims generally have two years from the date of the injury to file a personal injury lawsuit. There are exceptions, such as for injuries involving minors or medical malpractice, but delays can be dangerous. Waiting too long could mean losing your right to compensation entirely.

What to Do After a Suspected Spinal Cord Injury

If you or a loved one suffered a spinal cord injury in Fort Worth, here are immediate steps to protect your case:

  1. Seek medical attention immediately. Even mild spinal damage can worsen without proper treatment.
  2. Document everything—including photos of the scene, medical records, witness information, and any communications with insurers.
  3. Do not speak to the insurance company before consulting with a personal injury lawyer.
  4. Contact a qualified Fort Worth personal injury attorney with specific experience in spinal cord injury cases.

FAQ: Spinal Cord Injury Lawsuits in Fort Worth

How much compensation can I get for a spinal cord injury in Fort Worth?

There is no fixed amount, as compensation depends on factors like the severity of the injury, liability, future medical expenses, lost wages, and pain and suffering. Many spinal cord injury claims reach into six or seven figures due to the lifelong impact of the injury. A qualified Fort Worth personal injury attorney can help evaluate your case and fight for the maximum value.

Can I still file a lawsuit if I was partially at fault for the accident?

Yes, under Texas’s modified comparative fault rule, you can still recover damages if you are found to be 50% or less at fault. However, your compensation will be reduced by your percentage of fault. If you are found 51% or more at fault, you are barred from recovery.

What if my spinal cord injury was caused by a fall at work?

You may be entitled to workers’ compensation, but in some cases, you may also be able to pursue a third-party personal injury claim, such as against a subcontractor, equipment manufacturer, or negligent property owner. These cases can be complex and require detailed investigation.

How long do I have to file a lawsuit?

Generally, you have two years from the date of the injury to file a claim in Texas. Exceptions may apply for minors, government entities, or delayed discovery of the injury. It’s crucial to speak with a lawyer as soon as possible to avoid losing your right to sue.

Why do I need a spinal cord injury lawyer specifically?

These cases require in-depth medical knowledge, high-value damage calculations, and strategic courtroom experience. A spinal cord injury lawyer knows how to build a case that fully reflects your losses and can withstand aggressive insurance defense tactics.

Understanding Spinal Cord Injuries and Your Rights

Spinal cord injury lawsuits in Fort Worth are complex because they touch every part of a victim’s life—physical, emotional, financial, and legal. From high medical costs to challenging insurance negotiations and emotionally charged courtrooms, these cases require a deep understanding of both law and medicine.

Having the right spinal cord injury lawyer in your corner can make all the difference. If you or someone you care about has suffered a spinal cord injury, don’t wait. Reach out to a legal team that understands what’s at stake and is ready to fight for every dollar you’re owed.