Virginia Spinal Cord Injury Lawyers: Back and Neck Injury Claims

How the level of a spinal injury affects the body

The spine is divided into regions, and the higher an injury to the spinal cord, the more of the body it can affect. Doctors also describe spinal cord injuries as complete, with a total loss of feeling and movement below the injury, or incomplete, with some function remaining.

Injuries that do not reach the cord, such as a fractured vertebra or a damaged disc, can still cause lasting pain, nerve symptoms and disability. Paralysis claims are covered in more depth on our paralysis injury page.

Spinal injuries we handle

• Herniated and bulging discs. The soft center of a disc pushes out and presses on a nerve, causing pain, numbness or weakness down an arm or leg.
• Vertebral fractures. Compression, burst and fracture dislocation injuries, often from high-speed crashes and falls from height.
• Spinal cord injuries. Bruising, compression or tearing of the cord, with partial or complete loss of function below the injury.
• Nerve root injuries. Radiating pain and weakness, sometimes described as sciatica or radiculopathy. See nerve damage claims.
• Soft tissue neck and back injuries. Whiplash and ligament damage that can take months to resolve.

Delayed diagnosis can make a spinal injury worse. Cauda equina syndrome, a compression of the nerve bundle at the base of the spine, is a surgical emergency, and a missed diagnosis can cause permanent loss of bladder, bowel and leg function. See cauda equina syndrome claims.

Where spinal injuries happen in Northern Virginia

The force needed to damage the spine usually comes from a sudden impact or a fall. The cases we see come from:

• Rear-end and rollover car accidents on I-66, I-95 and the Fairfax County Parkway
• Collisions with tractor-trailers and dump trucks. See truck accident claims.
• Motorcycle accidents, where riders are thrown from the bike
• Falls from ladders, roofs and scaffolding on job sites in Tysons, Reston and along the Silver Line corridor
• Falls down stairs in stores, apartment buildings and parking garages
• Diving into shallow water at swimming pools

When the injury happened at work, a workers’ compensation claim is usually the remedy against the employer, but a negligent driver, subcontractor or equipment maker can be sued separately under Va. Code § 65.2-309. See construction accident claims.

Arguments insurers make in spinal injury cases

Spinal injury claims draw predictable defenses. Knowing them early helps build the evidence to answer them.

1. “It was degenerative.” Most adults show some disc wear on an MRI. The question is whether the accident caused a new injury or turned a condition that caused no symptoms into a painful one. Comparing earlier medical records with post-accident imaging is usually key.
2. “There was a gap in treatment.” Missed appointments or a delay before seeing a doctor are used to argue the injury was minor or came from something else. Keep your follow-up visits, and tell your doctor about every symptom.
3. “You were partly at fault.” Virginia follows contributory negligence, so a person found even slightly at fault is generally barred from recovering, subject to exceptions such as the last clear chance doctrine. Read about contributory negligence in Virginia.
4. “You were not wearing a seat belt.” In a Virginia car crash case, not wearing a seat belt generally is not admissible to show negligence or to reduce damages, under Va. Code § 46.2-1094.

Accounting for a lifetime of care

For a serious spinal cord injury, most of the cost lies in the future. Treatment often begins at Inova Fairfax Medical Campus, the region’s Level I trauma center, and continues through inpatient rehabilitation and years of outpatient care. A claim needs a detailed plan for those needs, often prepared with a life care planner and the treating physicians. It can include:

• Future surgeries, hospital stays and treatment of complications such as pressure sores and infections
• Wheelchairs, mobility equipment and their replacement over time
• Home modifications, an accessible vehicle and attendant care
• Physical and occupational therapy
• Lost earnings over a working lifetime, measured with the help of an economist
• Pain, suffering and the loss of independence

Payments from your own health insurance generally do not reduce what the at-fault party owes, under Virginia’s collateral source rule. No page can tell you what a claim is worth, and past results in other cases do not predict yours. Read more on catastrophic injury claims.

How long you have to file a spinal injury claim

Virginia generally allows two years from the date of the injury to file a personal injury lawsuit, under Va. Code § 8.01-243(A). Claims against a county, city or town can require written notice within six months, and claims against the Commonwealth within one year. Read our guide to Virginia filing deadlines.

Serious spinal cases are usually filed in circuit court, where a jury can hear the claim. Under Va. Code § 16.1-77, general district courts are limited to claims up to $50,000, well below the cost of most spinal cord injuries.

How our Virginia spinal injury lawyers handle your claim

1. Free case review. Talk with us by phone or through the form on this page, even from a hospital or rehabilitation bed. There is no obligation to hire us.
2. Investigation. We gather the evidence of how the injury happened and who was at fault.
3. Medical record building. We collect imaging and records from before and after the accident to answer the degeneration argument.
4. Future needs. We work with treating doctors, life care planners and other qualified expert witnesses to document lifetime costs.
5. Litigation when needed. If there is no fair offer, we can file suit in the right Virginia circuit court, including the Fairfax County Circuit Court near our Fairfax office.

You can talk with our team in English, Korean or Spanish.