Catastrophic Injury · Spinal Cord
California Spinal Cord Injury Attorney
Civil trial representation for spinal cord injury survivors and families. Complete and incomplete injuries — both require careful medical and life-care development.
Among the most damages-intensive cases in personal injury law.
The medical landscape
Spinal cord injuries (SCI) are categorized by location (cervical, thoracic, lumbar, sacral) and by completeness (complete vs. incomplete) using the American Spinal Injury Association (ASIA) Impairment Scale. The higher the injury and the more complete the lesion, the more significant the long-term functional impact. Cervical injuries commonly produce tetraplegia (paralysis of all four limbs); thoracic and lumbar injuries produce paraplegia. Lifetime medical and personal-care costs for complete cervical SCI commonly exceed $4–5 million; lifetime costs for paraplegia commonly exceed $2 million.
Causes we see in California cases
- Motor vehicle and motorcycle collisions
- Trucking and commercial vehicle accidents
- Falls from height — particularly construction worksite falls
- Premises liability (poorly maintained walkways, missing guardrails)
- Sports and recreation accidents
- Assault and intentional torts
- Work-related third-party civil claims (non-employer parties)
Why these cases require trial-ready preparation
Spinal cord injury cases have very large damages on the line and very motivated insurance defenses. Carriers know the lifetime numbers. Settlement frequently does not come until the carrier sees that the case is being prepared seriously for trial, with credentialed life-care planners, medical experts, vocational economists, and damages presentations ready. Cases handled by firms without trial readiness routinely settle for less than fair value.
Applicable California law
California negligence (Cal. Civ. Code § 1714), product liability where a defective product caused the injury, premises liability (Rowland v. Christian), and wrongful death where the injury is fatal (Cal. Code Civ. Proc. § 377.60). Two-year statute of limitations for personal injury (Cal. Code Civ. Proc. § 335.1), with possible tolling for incapacity (Cal. Code Civ. Proc. § 352).
Damages in SCI cases
- Past medical expenses (often substantial — initial hospitalization and rehabilitation)
- Future medical expenses (life-care plan)
- Lost earnings and lost earning capacity
- Home modification and assistive equipment
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Punitive damages where conduct supports them (Cal. Civ. Code § 3294)
Common Questions
How is a spinal cord injury case valued?
Valuation depends on injury level (cervical vs. thoracic vs. lumbar), completeness, age, earning capacity, life-care needs, and insurance limits. Complete cervical injuries commonly support multi-million dollar damages presentations because lifetime care and lost-earnings projections are very large.
My doctor says my injury is 'incomplete.' Does that change my case?
Incomplete injuries can produce a wide range of outcomes — from significant function below the level of injury to severe deficits. The medical category does not determine case value alone; functional impact, prognosis, and life-care needs do.
What if my SCI was from a workplace accident?
We do not handle workers' compensation claims directly. We do handle work-related third-party civil claims — for example, if a non-employer party (a contractor, a property owner, an equipment manufacturer) caused the injury. These third-party cases can produce significantly larger recoveries than workers' comp alone.
How long do these cases take?
Most settle within 12 to 24 months of filing. Cases that go to trial take longer. The size of the damages and the carrier's willingness to negotiate seriously are the biggest variables. We do not push clients into early under-value settlements.
For a confidential review of your case:
“The cases we take are cases where the medical proof can carry the damages. That is not rhetoric — it is the test every file gets at intake.”
Law Offices of David L. Milligan · Fresno, California
Important: This page is provided for general educational purposes only and does not constitute legal advice. Submitting an inquiry does not create an attorney–client relationship; that relationship is formed only by a written agreement signed after we evaluate the matter for conflicts and merit. Past results do not guarantee future outcomes. Statutory citations are illustrative; the legal framework applicable to a specific case depends on the facts. The Law Offices of David L. Milligan is licensed in California.