[gt-link lang="es" label="Se Habla Español" widget_look="lang_names"]
[gt-link lang="en" label="English" widget_look="lang_names"]
Catastrophic spinal cord injury attorney backed by $100M+ in recovered compensation
When a negligent driver, medical professional, or property owner causes a spinal cord injury, you deserve attorneys who understand the lifetime consequences and fight for maximum compensation.
A spinal cord injury is one of the most catastrophic injuries a person can sustain. The spinal cord is a bundle of nerve fibers that transmits signals between the brain and the rest of the body, controlling movement, sensation, and many involuntary functions including respiration, digestion, and bladder control. When the spinal cord is damaged through trauma, the flow of these signals is partially or completely interrupted, resulting in loss of function below the level of injury.
The National Spinal Cord Injury Statistical Center reports that approximately 17,700 new spinal cord injuries occur in the United States each year, with motor vehicle crashes accounting for approximately 37% of traumatic spinal cord injuries. This makes car accidents the single leading cause of spinal cord injuries in America. Each year, approximately 280,000 people in the United States live with spinal cord injuries, with an average life expectancy only slightly reduced compared to the general population. However, the quality of life impact is profound, affecting employment, independence, relationships, and every aspect of daily living.
Unlike a broken bone, which typically heals through the body's natural biological processes, spinal cord injuries are largely permanent. The spinal cord has virtually no capacity to regenerate once damaged. While ongoing research into stem cell therapy and neurological repair continues to show promise, current medical science can stabilize an injury and prevent further damage, but cannot reverse the damage that has occurred. This permanence is what makes spinal cord injury cases fundamentally different from other personal injury claims and why they demand aggressive legal representation and maximum compensation.
A spinal cord injury can affect a person's mobility, sensation, sexual function, bladder and bowel control, respiration, temperature regulation, and susceptibility to life-threatening infections and complications. The economic impact is equally staggering. The National Spinal Cord Injury Statistical Center reports that the lifetime cost of care for a person with paraplegia averages $1.1 million to $2.5 million, depending on severity and age at injury. For quadriplegia (tetraplegia), lifetime costs range from $2.5 million to $4.7 million or more. These figures cover only direct medical costs and do not include lost earning capacity, lost taxes, or quality of life impacts.
37% of traumatic spinal cord injuries are caused by motor vehicle crashes. The average lifetime cost of care for paraplegia is $1.1M-$2.5M. Costs for quadriplegia range from $2.5M-$4.7M+. These injuries demand maximum compensation and aggressive legal advocacy.
Spinal cord injuries are classified in multiple ways: by the anatomical level of injury along the spinal column, by the completeness of the injury (complete versus incomplete), by the specific neurological syndromes that result, and by the extent of functional loss. Understanding these classifications is essential to understanding the severity of an injury and the long-term prognosis.
The spinal cord extends from the brain stem through the vertebral column and is divided into five regions: cervical (neck), thoracic (mid-back), lumbar (lower back), sacral (tailbone area), and the filum terminale (the lowest tip of the spinal cord). Each region contains multiple nerve segments:
The "neurological level of injury" (NLI) is the lowest segment of the spinal cord with intact motor and sensory function on both sides of the body. A person with an injury at C5, for example, has normal function at C5 but damage below that level. The rule is straightforward: the higher the injury on the spine, the more functions are affected. A C1 injury (the highest cervical level) is typically fatal or results in complete paralysis of all four limbs and loss of all voluntary respiratory function. A T12 or L1 injury allows normal arm and hand function but results in paraplegia. A sacral injury may cause only loss of bowel and bladder control.
The distinction between complete and incomplete spinal cord injuries is critical because it determines the extent and pattern of functional loss. In a complete spinal cord injury, all motor and sensory function is lost below the level of injury. No signals can travel from the brain to the body below the injury site, and no sensation travels from the body back to the brain. Complete injuries result in total loss of voluntary movement and sensation below the injury level.
An incomplete spinal cord injury means that some nerve fibers cross through the injury site, preserving some motor or sensory function below the level of injury. Incomplete injuries present in many different patterns, depending on which nerve fibers are preserved. A person with an incomplete injury might have strength on one side but not the other, or might have sensation without motor control, or might have minimal function that gradually improves over months or years of recovery.
The American Spinal Injury Association (ASIA) has developed the ASIA Impairment Scale to classify spinal cord injuries by the extent of motor and sensory preservation. The scale ranges from A through E:
Tetraplegia, also called quadriplegia, is a spinal cord injury at the cervical (neck) level that results in loss of function in all four limbs. A person with tetraplegia has damage to C1 through C8 and below, affecting the arms, hands, trunk, and legs. The extent of disability depends on the specific cervical level injured. A person with a C4 tetraplegia cannot move their arms or legs but may retain some shoulder and neck function. A person with a C7 tetraplegia typically has good arm strength and hand function but lacks finger dexterity and trunk/leg control. Tetraplegia victims have the highest lifetime care costs due to their dependence on caregivers for all activities of daily living.
Paraplegia is a spinal cord injury at the thoracic, lumbar, or sacral level that results in loss or impairment of function in the legs while preserving normal arm and hand function. Paraplegia typically results from injuries to T1 and below. The advantage of paraplegia compared to tetraplegia is that arm and hand function are preserved, allowing independence in many areas, including wheelchair propulsion, upper body dressing, and use of adaptive equipment. However, paraplegia still results in total loss of leg function, loss of bowel and bladder control, and loss of sexual function in many cases. Lifetime care costs for paraplegia are lower than for tetraplegia but still typically range from $1.1 million to $2.5 million.
Central cord syndrome is an incomplete spinal cord injury where the damage is concentrated in the center (gray matter) of the spinal cord, typically at the cervical level. The distinctive pattern is that the arms are more severely affected than the legs, which is the opposite of most spinal cord injuries. This occurs because the nerve fibers controlling arm function occupy a more central position in the spinal cord than leg fibers. A person with central cord syndrome might retain significant leg strength and mobility while experiencing significant arm weakness or paralysis. Central cord syndrome often occurs from falls or hyperextension injuries in older individuals and can show dramatic improvement over months, but recovery is often incomplete.
Brown-Séquard syndrome is an incomplete spinal cord injury where the damage is limited to half of the spinal cord (either the left or right side). The result is a distinctive neurological pattern where motor function is lost on the side of the injury while sensation is lost on the opposite side. A person with Brown-Séquard syndrome on the right side, for example, would experience loss of right-side strength and weakness but preservation of right-side sensation, with the opposite pattern on the left side. Brown-Séquard syndrome typically has a better prognosis for recovery than other incomplete injuries, and many patients regain substantial function over months and years.
Anterior cord syndrome occurs when the anterior (front) portion of the spinal cord is damaged while the posterior (back) portion is preserved. The anterior spinal artery, which supplies blood to the front two-thirds of the spinal cord, is often compromised in these injuries. Anterior cord syndrome results in loss of motor function and loss of pain/temperature sensation below the injury level while preserving crude touch and position sense. Anterior cord syndrome has the most limited prognosis for recovery of any incomplete syndrome, as the anterior spinal artery damage frequently results in permanent motor loss.
The cauda equina is the bundle of nerve roots at the very bottom of the spinal cord (below L1) that have not yet formed into the spinal cord itself. Damage to the cauda equina results in a distinctive pattern of nerve root injury rather than spinal cord injury. Cauda equina syndrome typically results in asymmetric (one-sided) leg weakness, asymmetric loss of sensation (often described as "saddle anesthesia" affecting the buttocks and inner thighs), and loss of bowel and bladder control. Cauda equina syndrome can occur from large disc herniations, trauma, infections, or tumors. The prognosis depends on the extent of compression and how quickly decompressive surgery is performed.
Motor vehicle crashes are the leading cause of spinal cord injuries in the United States and in Utah. The National Spinal Cord Injury Statistical Center reports that approximately 37% of all traumatic spinal cord injuries result from motor vehicle crashes. Other common causes include falls, violence/penetrating trauma, and sports/recreational injuries. In the Salt Lake City area, specific causes are influenced by Utah's geography, climate, and demographics.
Car, truck, and motorcycle accidents are the single most common cause of spinal cord injuries in the Salt Lake area. High-speed impacts create the violent forces necessary to damage the spinal cord. Injuries occur through multiple mechanisms including hyperflexion (excessive forward bending), hyperextension (excessive backward bending), rotation, shear forces, and direct compression. Rear-end collisions frequently cause cervical spine injuries through whiplash mechanisms. Rollover crashes, particularly common with SUVs and trucks on Utah's mountain roads, cause multiple trauma including spinal cord damage. Multi-vehicle pileups on I-15 during winter weather create the worst-case scenarios with catastrophic injuries. Motorcycle accidents are particularly likely to cause spinal cord injuries because riders have no vehicle structure protecting them and can be thrown significant distances after impact, landing on their backs or necks.
Falls are the second leading cause of spinal cord injuries nationally and in Utah. Construction falls from heights, falls from roofs, falls from ladders, and slip-and-fall injuries can all cause spinal cord damage if the person falls backward or lands on their spine. In Utah, falls from snowy roofs and icy surfaces during winter months contribute significantly to this injury category. Falls in the home are particularly common in elderly individuals and can occur from falling down stairs or falling while standing, particularly in those with osteoporosis or other bone-weakening conditions. Property owners and managers have a legal duty to maintain safe premises and can be held liable for serious injuries resulting from falls caused by negligent property maintenance.
Workplace accidents, particularly in construction, mining, and manufacturing, can cause spinal cord injuries. A worker struck by falling equipment, pinned between machines, or falling from scaffolding can suffer permanent spinal cord damage. Utah's mining industry and large construction sector create particular risk. Workplace spinal cord injuries may be covered by workers' compensation insurance, which provides some wage replacement and medical benefits but typically provides far less compensation than a negligence lawsuit. However, in cases where the employer or property owner acted recklessly or intentionally â such as removing safety equipment or requiring work in knowingly hazardous conditions â you may have the right to sue for additional damages beyond what workers' compensation provides.
Spinal cord injuries can result from medical negligence during surgery, through misdiagnosis or delayed diagnosis of fractures, or through improper handling of patients with known spinal injuries. A surgeon performing back surgery who negligently damages nerve roots or the spinal cord can cause permanent injury. A radiologist who misreads an X-ray or MRI, missing a fracture that should have been immobilized, can allow a minor fracture to progress to a catastrophic injury. An emergency room physician who fails to properly immobilize a trauma patient's spine before moving them can convert a minor injury into a major one. These cases are particularly complex because they require expert testimony from medical providers establishing the standard of care, the deviation from that standard, and the causal connection to the injury.
Diving into shallow water is one of the most common causes of catastrophic spinal cord injuries in younger people. Hyperextension or compression of the cervical spine when diving into a pool, lake, or river can instantly convert a young, healthy person into a quadriplegic. In Utah, diving accidents occur in swimming pools, lakes (including Utah Lake, the Great Salt Lake, and mountain lakes), and rivers. Property owners who fail to maintain adequate water depth warnings or who create unsafe diving conditions can be held liable. Diving accidents are often preventable through proper signage, supervision, and maintenance.
Swimming pools in hotels, apartment complexes, schools, and public facilities have a legal duty to maintain a safe environment and to warn of hazardous conditions. Pools with inadequate depth, unclear water obscuring bottom hazards, missing or inadequate signage about water depth, or missing drain safety covers can create conditions leading to diving accidents. Pool operators and owners can be held liable under premises liability law. Under Utah Code § 78B-5-818 and related statutes, property owners and managers who fail to exercise reasonable care in maintaining safe premises are liable for injuries resulting from their negligence.
Gunshot wounds and stab wounds can cause devastating spinal cord injuries. A bullet passing through the spinal cord creates massive trauma that severs nerve fibers. Even a bullet passing near the spinal cord can cause injury through the shock wave and temporary stretching of the cord. While violent crime rates in Salt Lake City are lower than in many urban areas, gang violence, domestic violence, and assault can all result in penetrating spinal cord injuries. In cases of violence, the perpetrator may be criminally prosecuted, but the victim also has the right to pursue a civil lawsuit for damages.
Skiing and snowboarding accidents on Utah's world-class ski resorts can cause spinal cord injuries. High-speed falls, collisions with trees or other skiers, and falls from cliffs can all damage the spine. Utah's ski resorts, including Alta, Snowbird, Park City Mountain Resort, and Powder Mountain, have a duty to maintain safe conditions and to warn of hazardous terrain. Ski resorts can be held liable for injuries caused by negligent maintenance of slopes, inadequate signage, or failure to close hazardous terrain. Football, rugby, and other contact sports can also cause spinal cord injuries, though these are typically covered by assumption of risk in athletic settings.
The symptoms of a spinal cord injury depend on the level, extent, and location of the damage. Symptoms can appear immediately at the time of injury or can develop gradually over hours or days as swelling and inflammation of the spinal cord progresses. Understanding the immediate symptoms and the importance of rapid medical intervention is critical to preventing further damage.
The immediate symptoms of a spinal cord injury include loss of movement and sensation below the level of injury, loss of bowel and bladder control, loss of sexual function, pain or intense pressure in the back or neck, tingling or numbness sensations, difficulty breathing (in cervical injuries), loss of temperature control, and spasms. In serious cases, the victim may be unconscious or have diminished consciousness due to associated head injury. However, not all of these symptoms appear in every case, and the severity varies greatly depending on whether the injury is complete or incomplete. Some people with severe spinal cord injuries may be initially unaware of the extent of the damage due to shock, pain, or confusion.
The period immediately after a spinal cord injury is often called the "golden window" or "golden hours." During this time, swelling and inflammation of the spinal cord progress rapidly, and additional nerve fibers can be killed by secondary damage mechanisms. The use of high-dose corticosteroids (methylprednisolone) within the first 8 hours after injury has been shown to reduce secondary damage and improve outcomes. Emergency medical personnel are trained to recognize suspected spinal cord injuries and to immobilize the spine at the scene before transport to a trauma center. Proper immobilization during transport, emergency room evaluation, and rapid diagnostic imaging can prevent additional injury during the immediate post-injury period.
The standard diagnostic approach to suspected spinal cord injury begins with plain film X-rays of the spine in all three planes (anterior-posterior, lateral, and odontoid view) to assess for fractures, misalignment, or other structural damage. However, X-rays have limited sensitivity for soft tissue damage and cannot visualize the spinal cord itself. Computed tomography (CT) scanning provides superior detail of the spinal column and vertebrae and is more sensitive for detecting fractures than X-rays. CT is typically the first imaging modality used in acute trauma settings because it is faster and can reveal life-threatening injuries elsewhere in the body simultaneously.
Magnetic resonance imaging (MRI) is the gold standard for visualizing the spinal cord itself and detecting damage to the cord, swelling, hemorrhage within the cord, and damage to surrounding ligaments and soft tissues. MRI provides exquisite detail of the spinal cord and is essential for determining the exact location and extent of cord damage. However, MRI takes longer to perform than CT, requires specialized equipment, and is often not available in the immediate emergency setting. Typically, a CT scan is performed first for rapid assessment and to rule out other life-threatening injuries, and an MRI is obtained shortly thereafter for detailed characterization of the spinal cord injury.
The neurological examination of a spinal cord injury victim assesses motor function by testing the ability to move muscles in different parts of the body and assesses sensory function by testing the ability to feel touch, pain, and temperature in different areas. The examining physician systematically works through each spinal segment, documenting strength in specific muscle groups and sensation in specific dermatomes (areas of skin supplied by specific nerve roots). This examination allows determination of the neurological level of injury and allows classification using the ASIA Impairment Scale.
The neurological examination is repeated at intervals (immediately, 24 hours, 48 hours, one week, one month, and periodically thereafter) because neurological function can change significantly as swelling resolves and as some injured nerve fibers may recover function. A person might initially be diagnosed as ASIA A (complete) but recover some function and eventually be classified as ASIA B or C if sensation or motor function returns. Conversely, additional injury from secondary damage mechanisms might worsen the classification. Documenting the trajectory of recovery is important both for medical purposes and for legal purposes in personal injury cases, as it demonstrates whether the injury is stable, improving, or worsening.
Spinal cord injuries have profound long-term consequences that extend far beyond the initial trauma. While the primary injury (the direct damage to nerve fibers) cannot be reversed with current medical technology, the secondary complications of spinal cord injury can be prevented, managed, and often treated. However, these complications are serious and life-threatening, requiring ongoing medical management throughout the victim's lifetime.
Autonomic dysreflexia is a dangerous and potentially life-threatening complication of spinal cord injuries above the T6 level (approximately the nipple line). The condition occurs when a noxious stimulus below the level of injury (such as a full bladder, bowel obstruction, urinary tract infection, or pressure ulcer) triggers a massive involuntary discharge of the sympathetic nervous system. This results in a dangerous spike in blood pressure, severe headache, profuse sweating, flushed skin, nasal congestion, and potentially seizures, stroke, or cardiac events. Autonomic dysreflexia can develop suddenly and is a medical emergency. Victims and caregivers must be trained to recognize and manage episodes, as delayed treatment can result in death. The constant risk of this life-threatening emergency is a major factor in the stress and anxiety experienced by people with high cervical injuries.
Pressure ulcers, also called decubitus ulcers or bed sores, are one of the most common and most expensive complications of spinal cord injury. These wounds develop when constant pressure on the skin (particularly over bony prominences like the tailbone, hips, and heels) cuts off blood flow, causing tissue death. A person with spinal cord injury lacks normal sensation to feel the pain that would warn of impending pressure damage, and lacks sufficient motor control to shift position frequently to prevent pressure buildup. Pressure ulcers can develop in just hours in a person with poor skin care and progress from superficial damage to deep wounds that extend through all layers of skin and into underlying muscle and bone. Severe pressure ulcers can become infected, leading to sepsis and death. Prevention through meticulous skin care, frequent position changes, proper cushioning, and vigilant monitoring is essential. Treatment of severe pressure ulcers can require hospitalization, intravenous antibiotics, and surgical debridement (removal of dead tissue). A person with spinal cord injury typically cannot be left unattended for extended periods due to the risk of pressure ulcer development.
Spinal cord injury immobilizes the legs and reduces normal muscle contractions that pump blood upward against gravity. This immobility, combined with the biological hypercoagulability (increased blood clotting tendency) that follows trauma, creates a high risk of blood clot formation in the leg veins (deep vein thrombosis or DVT). These clots can break loose and travel through the bloodstream to the lungs, causing a potentially fatal pulmonary embolism. The risk of DVT is particularly high in the first few weeks after injury, but elevated risk continues indefinitely. Most spinal cord injury patients receive prophylactic anticoagulation (blood thinners) to reduce clot risk, but even with this precaution, DVT remains a common cause of death in this population.
Injuries above the T12 level (and particularly above T6) compromise the function of the intercostal muscles that control breathing. Injuries above C4 also damage the phrenic nerve which controls the diaphragm, the primary breathing muscle. Victims with high cervical injuries may require mechanical ventilation (a breathing machine) initially and may require it permanently. Even those who eventually wean off ventilators typically have reduced lung capacity and reduced ability to cough effectively, predisposing them to pneumonia. Chronic respiratory problems are a leading cause of death in people with quadriplegia. The burden of managing respiratory issues represents a major component of the lifetime cost of care for high cervical injuries.
Most spinal cord injury victims experience pain despite the loss of sensation below the injury level. This pain is called neuropathic pain and results from abnormal processing of pain signals by the injured spinal cord. At-level pain occurs at the level of the injury and is often severe and difficult to treat. Below-level pain occurs below the level of injury and results from the spinal cord's abnormal pain signal processing. Neuropathic pain is different from typical pain and does not respond well to standard pain medication. Treatment options include anticonvulsants (such as gabapentin and pregabalin), antidepressants (such as duloxetine), topical medications, spinal cord stimulation devices, and intrathecal baclofen pumps. Chronic pain affects quality of life, sleep, mood, and function. Approximately 45% of people with spinal cord injuries report moderate to severe pain, and many report that pain management is one of the most difficult aspects of living with their injury.
Spasticity is involuntary muscle tightness and contractions that develop in the muscles below the level of spinal cord injury. Normally, the brain maintains muscle tone through constant low-level signals through the intact spinal cord. After a spinal cord injury, the isolated spinal cord below the injury begins generating its own signals, causing muscles to tighten involuntarily. Spasticity can be mild (slight tightness that only bothers the person occasionally) to severe (uncontrolled muscle contractions that throw the person out of their wheelchair or interfere with caregiving). While mild spasticity can actually be beneficial in maintaining muscle tone and preventing muscle wasting, severe spasticity is disabling. Treatment includes physical therapy, stretching, oral medications (baclofen, tizanidine), botulinum toxin injections, and intrathecal baclofen pumps that deliver medication directly into the spinal fluid. Managing spasticity is an ongoing challenge that requires sustained treatment over decades.
The nerve roots that control bowel and bladder function exit the spinal cord in the sacral region. Spinal cord injuries at this level or above typically result in loss of normal bowel and bladder control. A person with spinal cord injury cannot feel the normal urge to urinate or defecate and cannot voluntarily control the muscles involved in these functions. Neurogenic bladder requires either intermittent catheterization (inserting a thin tube to drain the bladder several times daily), a permanent indwelling catheter, or an external catheter collection device. Intermittent catheterization is generally preferred because it reduces infection risk compared to indwelling catheters, but it requires either the person to have sufficient hand function to perform the procedure themselves or requires a caregiver to do it for them. Neurogenic bowel requires a careful regimen of diet, medications, manual evacuation techniques, and sometimes surgical procedures to maintain continence and prevent dangerous bowel obstruction or impaction. Bowel and bladder management consumes significant time and resources and is a major quality of life issue for spinal cord injury victims.
Spinal cord injuries affect sexual function in both men and women. Men with spinal cord injuries typically lose the ability to achieve and maintain erections and may lose the ability to ejaculate. Women typically lose sensation in the genital area but may retain fertility. Medications, devices, surgical procedures, and psychological counseling can help manage sexual dysfunction, but the impact on intimate relationships and quality of life is significant. The loss of sexual function is a major contributor to depression and anxiety in this population.
Spinal cord injury victims have increased susceptibility to urinary tract infections (due to catheter use), respiratory infections (due to reduced ability to cough), and skin infections (due to pressure ulcers). Recurrent infections are a major source of hospitalizations and mortality. Urinary tract infections from catheters are nearly universal in this population, occurring on average 2-4 times per year.
The medical management of spinal cord injury has evolved significantly over the past two decades, moving from a focus on accepting permanent disability to aggressive intervention aimed at minimizing secondary damage and maximizing functional recovery. While the primary injury cannot currently be reversed, aggressive treatment in the acute and early subacute periods can prevent additional injury and improve long-term outcomes.
The first critical decision in managing a spinal cord injury is whether surgery is required to stabilize the spine and decompress the spinal cord. Many spinal cord injuries are associated with vertebral fractures or instability that require surgical fusion to prevent additional injury. The decision to operate depends on imaging findings, the extent of neurological injury, and other medical factors. Surgery should ideally be performed within the first 24 hours of injury, though modern evidence suggests that earlier intervention may be beneficial in some cases. High-dose corticosteroids (methylprednisolone) given within the first 8 hours after injury have been shown in clinical trials to modestly improve neurological recovery, though the use of steroids remains somewhat controversial due to potential side effects.
After the acute phase, the focus shifts to rehabilitation and functional recovery. Specialized spinal cord injury rehabilitation programs typically involve 2-4 months of intensive inpatient therapy, though many people continue outpatient rehabilitation for years. Rehabilitation addresses physical therapy (maintaining and improving strength and flexibility), occupational therapy (adapting activities of daily living), psychology and counseling (adjustment to disability), bowel and bladder management, sexual function counseling, vocational rehabilitation (returning to work), and family counseling.
Modern rehabilitation programs have dramatically improved outcomes. People with paraplegia often return to work, drive independently using hand-controlled vehicles, live independently or with minimal assistance, and engage in recreational activities including sports. Even people with quadriplegia can achieve surprising levels of independence with proper training and adaptive equipment, though they typically require assistance with many activities.
Spinal cord injury victims require extensive adaptive equipment to function as independently as possible. Wheelchairs (manual and power-assisted), bathroom grab bars, hospital beds, lift mechanisms, accessible vehicles with hand controls, accessible housing modifications, and specialized equipment for bowel and bladder management all carry significant costs. A high-quality power wheelchair can cost $20,000-$40,000+, and home accessibility modifications can cost $50,000-$200,000+ depending on the extent of modification required.
Utah's laws regarding spinal cord injury claims contain several provisions that directly affect your ability to recover compensation. Understanding these laws is essential to protecting your rights.
Under Utah Code § 78B-2-307, you have four years from the date of the injury to file a personal injury lawsuit for negligence. For wrongful death claims (if the spinal cord injury results in death), the deadline is two years under Utah Code § 78B-2-304. These deadlines are absolute and cannot be extended except in very limited circumstances. Contact an attorney immediately after a serious spinal cord injury to ensure these deadlines are met.
Utah follows a modified comparative negligence standard under Utah Code § 78B-5-818. You can recover compensation as long as you were less than 50% at fault for the accident. Your recovery is reduced by your percentage of fault. For example, if your damages total $1,000,000 and you are found 10% at fault, your recovery is reduced to $900,000. Insurance companies routinely attempt to inflate the victim's percentage of fault to reduce compensation. An experienced attorney can counter these arguments effectively.
If your spinal cord injury resulted from a motor vehicle accident, Utah's no-fault insurance system applies. Under Utah Code § 31A-22-306 through § 31A-22-309, your own Personal Injury Protection (PIP) insurance must pay for medical expenses and lost wages, regardless of fault. However, minimum PIP coverage limits are only $3,000 for medical expenses and $1,500 for lost wages, which are grossly inadequate for a serious spinal cord injury. You can pursue a full negligence claim against the at-fault driver's liability insurance once your medical expenses exceed the PIP threshold or you suffer permanent disability, permanent impairment, or permanent disfigurement â which is virtually certain in any serious spinal cord injury case.
If a spinal cord injury results in death, Utah Code § 78B-3-106 allows recovery for funeral and burial expenses, the deceased's lost future earnings, loss of companionship and consortium, pain and suffering experienced between the injury and death, and punitive damages in cases of gross negligence or intentional conduct. Wrongful death claims must be filed within two years of death. BAM handles wrongful death claims with the same aggressive approach we bring to non-fatal injury cases.
If your spinal cord injury resulted from medical negligence, Utah Code § 78B-3-410 caps non-economic damages (pain and suffering, loss of enjoyment of life, etc.) at $250,000 (or $400,000 in cases of permanent disability), adjusted annually for inflation. However, economic damages (medical expenses, lost wages, etc.) are not capped. For a catastrophic spinal cord injury, the economic damages alone will far exceed these caps, so the cap's impact is often limited to the pain and suffering component.
If your spinal cord injury resulted from an accident involving a government vehicle or on government property, the Utah Governmental Immunity Act (Utah Code § 63G-7-101 et seq.) applies. You must file a written notice of claim with the appropriate government entity within one year of the injury. Missing this deadline permanently bars your claim. Additionally, liability against government entities is limited compared to liability against private parties. Contact an attorney immediately if your injury involved a government entity.
Proving that someone is responsible for a spinal cord injury requires establishing four elements: (1) the defendant owed you a duty of care; (2) the defendant breached that duty through negligent conduct; (3) the breach caused your injury; and (4) you suffered damages. In most spinal cord injury cases, the duty of care is clear â drivers owe a duty to operate vehicles safely, property owners owe a duty to maintain safe premises, medical professionals owe a duty to provide competent care, etc. The difficult aspects are usually proving breach, causation, and damages.
Motor vehicle spinal cord injury cases typically involve the police accident report, witness testimony, vehicle damage evidence, medical records documenting the injury, and expert testimony from accident reconstruction specialists. BAM works with top-tier accident reconstruction engineers who use evidence at the scene, vehicle damage patterns, data from vehicle event data recorders, and physics calculations to establish how the accident occurred and what forces were involved. We also work with biomechanical experts who explain how the forces of the crash caused damage to the spinal cord.
Expert testimony is critical in spinal cord injury cases. Medical experts provide opinions on the nature and extent of the spinal cord damage, the mechanism of injury, the prognosis for recovery, the need for future medical treatment, and the impact on the victim's ability to work and function. Economists provide testimony on lifetime costs of care and lost earning capacity. Vocational experts assess the victim's ability to return to work. Life care planners project the long-term medical and adaptive needs. These experts are expensive (often costing $5,000-$30,000+ per expert), but BAM advances all expert costs with no upfront expense to you.
Spinal cord injury victims can recover compensation for all damages caused by the negligent or wrongful act. Unlike minor injuries, spinal cord injury cases typically involve hundreds of thousands to millions of dollars in recoverable damages. Understanding the categories of compensation is essential to ensuring that every element of loss is captured.
You are entitled to recover all medical expenses related to your spinal cord injury, including emergency care, hospitalization, surgery, diagnostic imaging, rehabilitation, ongoing medications, ongoing therapy, adaptive equipment, home modifications, and all projected future medical needs. For a severe spinal cord injury, future medical expenses often represent the largest component of the overall claim. A life care planning expert projects the specific medical services, equipment, and adaptations you will need over your lifetime and estimates the cost. For quadriplegia, lifetime medical costs typically exceed $2.5 million to $4.7 million+. For paraplegia, costs typically range from $1.1 million to $2.5 million+.
You are entitled to recover the cost of all equipment and modifications necessary to function as independently as possible. This includes wheelchairs (manual and power-assisted), accessible vehicle modifications, bathroom and kitchen modifications, bedroom modifications, accessibility ramps and lifts, hospital beds, bathroom equipment, and all other equipment required for independent living. These costs can total $50,000-$200,000+ depending on the severity of the injury and the extent of modification required.
You are entitled to recover all wages lost from the date of injury through the date of settlement or judgment due to inability to work while in acute treatment and rehabilitation. More importantly, if your spinal cord injury permanently affects your ability to work, you can recover the difference between what you could have earned over your remaining working life and what you can now earn given your disability. For someone injured at age 30, this lost earning capacity could easily exceed $1 million to $2 million+ depending on your prior earning capacity and the severity of your disability. Vocational experts and economists provide testimony to quantify these losses.
Pain and suffering compensation covers the physical pain, emotional distress, anxiety, depression, loss of enjoyment of life, loss of consortium (impact on family relationships), and diminished quality of life caused by your injuries. For spinal cord injuries, pain and suffering damages are typically substantial due to the severity of the injuries and the permanence of the disability. Unlike medical bills and lost wages, pain and suffering does not have a fixed dollar amount. The value depends on the severity and permanence of the injury, the impact on your daily activities and quality of life, and the persuasiveness of your attorney in presenting your story.
Many spinal cord injury victims require ongoing assistance with activities of daily living. This assistance can come from family members or from paid professional caregivers. You are entitled to recover the cost of caregiver services. If family members provide unpaid care, you can recover the reasonable value of that care. The cost of professional caregivers can range from $20,000-$100,000+ per year depending on the amount of care needed.
You are entitled to recover the cost of vocational rehabilitation services designed to help you return to work to the maximum extent possible. This includes retraining programs, job coaching, job placement services, and workplace accommodation costs. Even if you cannot return to your prior occupation, you may be able to work in a modified capacity with proper support, and the cost of achieving that goal is recoverable.
Insurance companies understand that spinal cord injury cases have potentially massive values. Rather than paying what these cases are worth, insurance companies use sophisticated strategies to minimize what they pay. Understanding these tactics is essential to protecting your claim.
When an insurance company receives notice of a spinal cord injury claim, they often create what is called a "medical reserve" â an initial estimate of what they might have to pay. This reserve is typically far below the actual value of the case and is calculated conservatively from the insurance company's perspective (i.e., they underestimate future medical costs, future earning capacity losses, and pain and suffering damages). The initial reserve is designed to protect the insurance company's financial reporting, not to accurately reflect the value of the claim. Once a reserve is set, insurance adjusters are reluctant to increase it, creating anchoring bias that anchors settlement discussions at a figure far below the claim's true value.
Insurance companies often delay authorizing medical treatment, hoping that delaying treatment will limit the injury's severity or reduce the victim's motivation to pursue the claim. A person in pain and desperately needing treatment may become willing to accept a lower settlement offer rather than wait months for treatment authorization. This tactic is both medically harmful and unethical. BAM fights these delays aggressively on behalf of our clients.
Insurance companies frequently argue that the accident could not have caused a spinal cord injury due to the low impact speed, the lack of severe vehicle damage, or other factors. They claim that the injury must have resulted from a pre-existing condition, a subsequent event, or medical negligence. These arguments directly contradict medical evidence showing that spinal cord injuries can result from seemingly minor impacts due to specific positioning of the spine at the moment of impact. BAM counters these arguments with biomechanical experts and medical experts who explain exactly how the accident caused the spinal cord injury.
Insurance companies routinely dispute the life care planning expert's projections of future medical costs. They argue that costs are overestimated, that medical advances will reduce future costs, or that the victim won't comply with treatment recommendations. Life care planning is a well-established field with substantial evidence supporting cost projections. BAM works with experienced life care planners who can defend their projections against insurance company challenges.
Insurance companies often argue that the victim received more medical treatment than was necessary or that the treating providers are billing inflated charges. They hire medical reviews to second-guess treating providers' decisions. While some treatment optimization may occur, the reality is that spinal cord injuries require extensive treatment. BAM works with treating providers to document the medical necessity of every treatment and resists insurance company attempts to deny medically necessary care.
BAM Personal Injury Lawyers was founded by Kigan Martineau and Dan Benzion, both of whom spent years at Utah's largest personal injury firms before starting BAM. At large firms, cases are treated like numbers on a spreadsheet. At BAM, we take on fewer cases so that we can give each case the attention and resources it deserves. Spinal cord injury cases demand this level of focused attention.
Spinal cord injury cases require specialized knowledge that goes beyond typical personal injury law. They require understanding of complex medical issues including the ASIA Impairment Scale, vertebral anatomy, neurological assessment, secondary complications, rehabilitation, adaptive equipment, and lifetime costs of care. They require relationships with top-tier medical experts, life care planners, economists, and vocational experts. They require the willingness and ability to invest significant resources in expert fees, which can exceed $50,000-$100,000+ in serious cases. BAM has all of these capabilities.
Our track record speaks for itself. BAM and our founding partners have recovered more than $100 million in compensation for injured victims. While we don't list individual case values (to respect client confidentiality), our experience handling dozens of catastrophic injury cases means we understand what these cases are worth and know how to fight insurance companies to achieve maximum recovery.
We work on a contingency fee basis, meaning you pay no attorney fees unless we recover compensation for you. We also advance all case costs, including expert fees, court costs, investigation expenses, medical record retrieval, and all other litigation expenses. You have absolutely zero financial risk when you hire BAM.
If we fail to meet every commitment we make to you before a settlement offer, you owe us nothing. We make specific commitments regarding investigation, expert retention, demand preparation, and negotiation strategy. If we fail to meet any of these commitments before settlement, you have the option to terminate the relationship with no obligation to pay attorney fees or reimburse costs.
Spinal cord injuries create urgent medical and legal needs that don't follow business hours. We are available 24/7 to respond to medical emergencies, answer urgent questions, and ensure that your care and legal interests are protected immediately.
Dan Benzion speaks Spanish fluently. For our Spanish-speaking clients, we provide full legal services in Spanish without translation delays.
The actions you take in the immediate aftermath of a spinal cord injury can significantly affect both your medical outcomes and your legal recovery. Here is what we recommend.
If you suspect a spinal cord injury, call 911 immediately. Spinal cord injuries are medical emergencies. Proper immobilization during transport can prevent additional injury. Medical imaging (X-rays, CT, and MRI) should be obtained immediately to assess the extent of injury. In cases of suspected spinal cord injury with ongoing compression, emergency decompressive surgery may be necessary. The "golden window" for corticosteroid administration is the first 8 hours after injury. Do not delay seeking medical care.
Once you are in medical care, follow all medical recommendations regarding treatment, rehabilitation, and follow-up. Insurance companies will look for any deviation from medical recommendations as evidence to challenge your injury claims or prognosis. Maintain complete medical records and documentation of all treatment.
Keep detailed records of all medical treatment, all medical bills and expenses, all time missed from work, all symptoms and limitations, all impact on activities of daily living, and all caregiver assistance needed. Photograph your living environment before and after any modifications. Take photos of your wheelchair, adaptive equipment, and other equipment required to function. Document the emotional and psychological impact through a daily journal if possible. This documentation is invaluable in demonstrating the severity of your injuries and justifying the full extent of your damages.
If the spinal cord injury resulted from an accident, preserve all evidence immediately. Photograph the accident scene, damaged vehicles, and any visible injuries. Obtain contact information from witnesses. Request the police report if the accident was reported. Do not speak to the other driver's insurance company. Send a spoliation letter (evidence preservation letter) to preserve video surveillance, business records, or any other evidence that might be destroyed.
Contact BAM Personal Injury Lawyers immediately after a serious spinal cord injury. Do not delay. We can begin investigating the cause of the injury, begin advising you on legal issues, and begin coordinating with your medical team immediately. The sooner we are involved, the sooner we can begin protecting your legal rights and working toward maximum compensation.
Spinal cord injuries demand experienced legal representation. Call us at (801) 970-9913 for a free, confidential consultation. We understand what you're facing and are ready to fight for the full compensation you deserve. Available 24/7. No fee unless we win. Bilingual services available.
The value of a spinal cord injury case depends on multiple factors: the completeness of the injury (complete vs incomplete), the level of the injury (high cervical injuries are worth more than lower injuries), the age at injury (younger people have longer life expectancies and greater lost earning capacity), whether the injury results in quadriplegia or paraplegia, and the victim's pre-injury earning capacity. Paraplegia cases typically settle for $1M-$3M+. Quadriplegia cases typically settle for $2M-$5M+. Severe cases with significant earning capacity can exceed $5M-$10M+. These are general ranges; every case is unique. BAM evaluates every case individually and provides an honest assessment of its value during the initial consultation.
Under Utah Code § 78B-2-307, you have four years from the date of the injury to file a personal injury lawsuit. For wrongful death claims (if the spinal cord injury results in death), the deadline is two years under Utah Code § 78B-2-304. If your injury involved a government entity, you must file a notice of claim within one year under the Utah Governmental Immunity Act. These deadlines are absolute. Contact an attorney immediately to ensure these deadlines are met.
In a complete spinal cord injury, all motor and sensory function is lost below the level of injury. No signals travel from the brain to the body below the injury, and no sensation travels back to the brain. In an incomplete spinal cord injury, some nerve fibers cross the injury site, preserving some motor or sensory function. Incomplete injuries present in many different patterns depending on which nerve fibers are preserved. The American Spinal Injury Association (ASIA) Impairment Scale classifies spinal cord injuries from A (complete) through E (normal) based on the extent of motor and sensory preservation. Prognosis for recovery is generally better in incomplete injuries than in complete injuries.
Autonomic dysreflexia is a dangerous complication of spinal cord injuries above the T6 level. When a noxious stimulus below the injury level (such as a full bladder, bowel obstruction, or urinary tract infection) occurs, the sympathetic nervous system responds with an uncontrolled massive discharge, causing dangerous spike in blood pressure, severe headache, profuse sweating, and potentially seizure, stroke, or cardiac events. Episodes can develop suddenly and are medical emergencies. Victims and caregivers must be trained to recognize and manage episodes. The constant risk of this life-threatening emergency is a major stressor for people with high cervical injuries. This danger and stress are important factors in calculating pain and suffering damages.
A life care plan is a detailed projection of all medical, rehabilitative, adaptive, and supportive services a spinal cord injury victim will need over their lifetime. It includes projected physician visits, hospitalizations, medications, therapy, diagnostic testing, surgical procedures, adaptive equipment, home modifications, assistive technology, vocational services, and all other services necessary to achieve the highest level of function. A life care plan expert works with the victim's physicians, therapists, and rehabilitation specialists to project what services will be needed. The life care plan forms the basis for calculating future medical costs and is essential to justifying the full value of a spinal cord injury claim.
Whether you can return to work depends on the severity of your injury, your prior occupation, and available vocational rehabilitation services. Many people with paraplegia return to work, some in their prior occupation and some in a modified or different occupation. Return to work is more difficult with quadriplegia due to loss of arm and hand function, but some people with quadriplegia work in modified roles. Vocational rehabilitation services can help assess your abilities and identify appropriate work opportunities. Even if you cannot work full-time, part-time or modified work may be possible. If your spinal cord injury prevents you from working, you can recover compensation for lost earning capacity over your remaining working life, which can represent millions of dollars in damages.
If we fail to meet every commitment we make to you before a settlement offer, you owe us nothing. We make specific commitments regarding investigation, expert retention, demand preparation, and negotiation strategy. If we fail to meet any of these commitments before settlement, you have the option to terminate the relationship with no obligation to pay attorney fees or reimburse case costs. This guarantee ensures that you receive the level of service and commitment we promise.
Spinal cord injury cases typically take 2-4+ years to resolve. The timeline depends on how long the victim's medical treatment continues (we never settle before the full extent of injury is known), the complexity of the case, and whether litigation is required. Early resolution (settlement within 12-24 months) is possible in straightforward cases with clear liability, but most serious spinal cord injury cases require substantial time for medical treatment to be completed, for expert reports to be prepared, and for negotiation with the insurance company. We never rush to settle before the full extent of your injuries is known.
Spinal cord injuries resulting from medical malpractice require expert testimony from another physician establishing that the treating physician deviated from the standard of care and that this deviation caused the injury. Medical malpractice cases are subject to damage caps under Utah Code § 78B-3-410 (non-economic damages capped at $250,000-$400,000 depending on disability). Economic damages are not capped. Medical malpractice claims must be brought within two years of discovery of the injury or within four years of the negligent act. BAM handles medical malpractice spinal cord injury cases with the same aggressive approach we bring to other serious injury cases.
Paraplegia is a spinal cord injury at the thoracic, lumbar, or sacral level that results in loss of function in the legs while preserving normal arm and hand function. Quadriplegia (also called tetraplegia) is a spinal cord injury at the cervical level that results in loss of function in all four limbs. Quadriplegia typically results in greater disability because loss of arm and hand function prevents independent functioning in many areas. Lifetime care costs for quadriplegia ($2.5M-$4.7M+) typically exceed costs for paraplegia ($1.1M-$2.5M+). Both are catastrophic injuries requiring maximum legal representation.
From our office in Murray, BAM Personal Injury Lawyers serves spinal cord injury victims throughout Salt Lake County, including Downtown Salt Lake City, Sugar House, The Avenues, Central City, Liberty Park, University District, Rose Park, Glendale, Poplar Grove, Marmalade, Federal Heights, East Bench, Millcreek, Holladay, Cottonwood Heights, Sandy, Draper, South Jordan, West Jordan, Taylorsville, and all surrounding communities. If you or a loved one has suffered a spinal cord injury anywhere in Utah, contact us immediately for a free consultation.
Every spinal cord injury case starts with a free, confidential consultation. We will listen to your story, understand the extent of your injury and its impact on your life, and explain your legal options. There is no obligation and no cost. Call BAM Personal Injury Lawyers today at (801) 970-9913 or visit our Murray office at 310 E 4500 S #550, Murray, UT 84107. We are available 24/7 and offer bilingual services in English and Spanish.
"*" indicates required fields
"*" indicates required fields