Each year, approximately 1,100 New York residents suffer spinal cord injuries suffer traumatic spinal cord injuries joining the nearly 288,000 people living in the United States with paralysis. In the United States, the most common causes of spinal cord injuries are car accidents (31.5%), falls (25.3%), gunshot wounds (10.4%), motorcycle crashes (6.8%), diving incidents (4.7%), and medical/surgical complications.

In New York, the major cause of spinal cord injuries include motor vehicle accidents (40%), slip and fall accidents (falls from construction accidents are common) (25%), violent acts (15%), sports and recreation (8%), and diseases and alcohol related accidents are also significant causes. 

Spinal Cord Injuries

The spinal cord is designed to transmit messages between the brain to the rest of the body. A spinal cord injury may disrupt the body’s essential functions. A traumatic event is the cause of most spinal cord injuries. Most cases of spinal cord injuries can be divided into two types, a complete spinal cord injury, and an incomplete spinal cord injury.

• A complete spinal cord injury: the nerves below the point of injury are unable to communicate at all with the brain. This injury causes paralysis below the point of injury.
• An incomplete spinal cord injury: refers to partial damage to the spinal cord. Some nerve signals can still be transmitted along the spinal cord to the brain, even from below the point of injury.

Vertebral Injuries

The vertebrae are small bones that form the vertebrae column (the backbone), having several projections for articulation and muscle attachment, and a hole through which the spinal cord passes. The most common forms of injuries to the vertebrae include the following:

• A compression fracture: is a small breaks or cracks in the vertebrae body, which is the thick, rounded part on the front of each vertebra.
• A burst fracture: is an injury in which the vertebra, the primmary bone of the spine, breaks in multiple directions. A burst fracture usually results from significant trauma that compresses the bone, such as a motor vehicle accident or a severe fall. Burst fractures account for 14% of all spinal injuries.
• Subluxation: A partial abnormal separation of the articular surfaces of a joint. A partial dislocation. A slight misalignment of the vertebrae. Chiropractors view subluxation as a process rather than a static condition during which the tissues undergo constant changes. A spinal subluxation can occur as a result of trauma to the spine. The pain that is felt is often the result of a compressed spinal cord with a nerve injury. Also, the vertebra may be partially dislocated even though a patient is unaware of any specific injury.
• Dislocation: a separation of two bones where they meet at a joint, such an injury can be very painful and temporarily deform and immobilize the joint.

Disc Injuries

A herniated disc refers to a condition involving one of the rubbery cushions (discs) that sit between the bones (vertebrae) that stack to make your spine. A herniated disk can occur in any part of the spine, most often occurs in the lower back. A herniated disc can result in pain, numbness, or weakness in an arm or leg. If your herniated disc is in your lower back the pain may radiate to the lower extremities (buttocks, thighs and calves and feet). Generally, a herniated disc in your neck, will cause pain in the shoulder and arm. The pain might shoot into your arm or leg when you cough, sneeze or move into certain positions. The pain is often described as sharp or burning.

New York has a no-fault insurance system for car accidents which means that the primary source of compensation for your injuries after a motor vehicle accident injury is the personal injury protection (PIP) coverage attached to your car insurance, regardless of fault for the accident. Although no-fault insurance is available for most car accidents, it may not be enough to cover the most serious injuries associated with trauma to the spinal cord.

Personal injury protection covers only economic damages which includes medical bills associated with the accident and lost wages. No-fault insurance does not provide coverage to the injured person for pain and suffering, disability, emotional trauma, or diminished quality of life, compensation for such injuries may be recovered as part of a personal injury claim against the at-fault driver for serious injuries including a spinal cord injury. Typically, PIP covers up to $50,000 in economic loss. Often spinal cord injuries will result in medical bills in excess of the coverage limit. At that point, a victim of a car accident should file a lawsuit against the at-fault the driver. Bringing a car accident lawsuit in New York requires proving that one has suffered a serious injury, which an to the spinal cord injury may suffice. 

New York Insurance Law §5102(d) defines serious injuries to include:

• Death
• Disfigurement
• Loss of a fetus
• Fractures
• Permanent loss of an organ or limb
• Permanent limits on the use of an organ or limb
• An injury that prevents a person from doing daily tasks for at least 90 days

Koenig Pierre, a New York spinal cord injury lawyer, will assist victims of spinal cord injuries due to a car accident, slip and fall accident, construction accident, bicycle accident, medical malpractice or from a violent attack as a result of elder abuse obtain the maximum amount of compensation available for your injuries. Call Koenig today! Let him hear about your case and discuss your legal options. Afterwards, he will conduct a thorough investigation, gather evidence, establish the value of your case, determine liability and engage in settlement negotiations on your behalf. He will work diligently to obtain the best possible outcome for you.  

For a free evaluation of your case, contact Koenig online or call 1-(800) 946-4616.