In a city like Miami, where busy highways, constant tourism, construction, and water-related activities are part of daily life, a spinal cord injury can occur in seconds. These are among the most catastrophic injuries a person can suffer, capable of changing their life forever.
When such an injury is caused by someone else’s negligence, whether on Miami’s roads, at a workplace, or in a public space, accountability becomes important. At Aigen Injury Law, our Miami spinal cord injury attorneys understand the physical, emotional, and financial toll these injuries bring. We fight to help victims recover the full compensation they need to rebuild their lives.
If you or a loved one has suffered a spinal cord injury, reach out today to schedule a free consultation.
Types of Spinal Cord Injuries
Spinal cord injuries are classified by both the location of the injury and the degree of damage sustained.
Complete vs. Incomplete Injuries
A complete spinal cord injury results in the total loss of motor function and sensation below the injury site, affecting both sides of the body equally. An incomplete spinal cord injury means some signals are still able to travel through the damaged area, and the victim may retain partial movement or feeling. According to the National Spinal Cord Injury Statistical Center (NSCISC), fewer than 1% of people with spinal cord injuries experience full neurological recovery by the time of hospital discharge.
Tetraplegia (Quadriplegia) and Paraplegia
When the injury occurs around the spinal cord in the neck area, it typically results in tetraplegia, also known as quadriplegia. This form of paralysis affects all four limbs and causes loss of feeling and, in severe cases, can impact breathing. Injuries below the neck generally cause paraplegia, which affects the legs and trunk while leaving the arms functional. Incomplete tetraplegia is currently the most common neurological category (47.7%) among spinal cord injury cases.
Common Causes of Spinal Cord Injuries in Miami
Various accidents can cause spinal cord injuries, but here are some of the most common causes in Miami:
Car Accidents
The violent force of a car crash, particularly in high-speed crashes, can fracture or sever the spinal cord. Examples can be seen in rear-end collisions on highways like I-95 and the Palmetto Expressway.
Motorcycle Accidents
Riders, thrown from their bike during a motorcycle accident due to poorly maintained roads or mechanical failures. or if struck by a distracted or careless driver, can suffer severe trauma and injury to the spinal cord.
Bicycle Accidents
Cyclists struck by motor vehicles or who fall from their bikes in Miami can sustain life-altering spinal cord injuries due to the high-impact fall.
Scooter Accidents
Scooter accidents often involve falls or collisions that result in abrupt spinal impacts. Even at lower speeds, a direct fall onto the back or head can compress or injure the spinal cord.
Pedestrian Accidents
Miami’s busy crosswalks and intersections in areas like Brickell, Downtown, and Miami Beach see a large amount of pedestrian traffic and, unfortunately, a high number of pedestrian accidents that can lead to spinal cord injuries.
Truck Accidents
Truck accidents typically involve a greater force ramming into other vehicles due to the size and weight of the vehicles, increasing the risk of severe spinal trauma.
Workplace Accidents
Workplace accidents include falls from ladders or scaffolding, impacts with heavy equipment, and unsafe conditions that injure the spine. These incidents can lead to fractures or compression of the spinal cord, resulting in partial or complete loss of function.
Construction Accidents
Miami’s ongoing construction boom places workers at constant risk of falls from scaffolding, ladders, and elevated platforms. A fall of even a few feet can result in spinal fractures and cord damage.
Slip-and-Fall Accidents
When a property owner or manager fails to maintain their space, this can result in a slip-and-fall accident. Wet floors, broken stairs, or poorly maintained walkways can result in victims landing on their heads, necks, or backs with tremendous force.
Assault and Violent Crime
Spinal cord injuries can also result from violent crimes, such as shootings and assaults, that occur on poorly secured properties. When a property owner fails to provide adequate lighting, operational security cameras, or trained security personnel in an area where crime is likely, they may face liability under Florida’s negligent security laws. Victims injured in hotels, parking lots, apartment complexes, or entertainment venues may have a claim against both the property owner and the individual who committed the act.
Medical Malpractice
Surgical errors, delayed diagnosis of spinal conditions, or improper treatment can cause or worsen a spinal cord injury. When a physician, hospital, or healthcare provider fails to provide the accepted standard of care and a patient suffers a spinal cord injury as a result, the medical professional and the institution can be held accountable for medical malpractice.
Spinal Cord Injury Symptoms
Knowing the symptoms of spinal cord injury is very important because if not treated immediately by a medical professional, they tend to get worse. Symptoms include:
- Loss of movement in the arms, hands, legs, or feet
- Loss of or altered sensation, including the ability to feel heat, cold, or touch
- Loss of bladder or bowel control
- Pain or an intense stinging sensation from damage to the nerve fibers
- Difficulty breathing and clearing secretions from the lungs (in cervical injuries)
- Extreme back pain or pressure in the neck or head immediately following an accident
Some spinal cord injury symptoms appear immediately after an accident, while others may develop over time as swelling and inflammation place pressure on the spinal cord. When a spinal cord injury is suspected, do not move the injured person. Instead, call 911 immediately and wait for EMTs or paramedics to arrive.
What to Do After a Spinal Cord Injury
If you or someone nearby sustains a spinal cord injury, your actions in the moments that follow can affect both recovery and any future legal claim.
- Call 911 immediately. Do not move the injured person, as this can worsen spinal damage. Police and emergency medical services will respond, and an official accident report will be filed. Keep a copy, as it can support your legal claim.
- Seek emergency medical care. Even if symptoms seem mild, get evaluated right away. Miami has several trauma centers equipped to handle spinal cord injuries, including Jackson Memorial Hospital and the University of Miami Hospital.
- Document everything. Photograph the scene, gather witness contact information, and preserve any evidence.
- Avoid speaking with insurance adjusters. Insurance companies may try to minimize your claim or obtain statements that can be used against you before the full extent of your injuries is known.
- Contact Aigen Injury Law immediately. Seeking legal guidance as soon as possible can help preserve evidence, protect your rights, and strengthen your catastrophic injury claim.
Who Can Be Held Liable for a Spinal Cord Injury?
Determining liability in a spinal cord injury case requires a thorough investigation of the accident, the parties involved, and the conditions that led to the injury. Multiple parties may share responsibility, including:
- Negligent Drivers: Motorists who speed, drive while distracted or impaired, or run red lights can be held directly liable for accidents that cause spinal cord injuries.
- Trucking Companies: Commercial carriers can be liable for failing to properly vet, train, or supervise their drivers, or for pressuring drivers to exceed safe hours-of-service limits.
- Property Owners: Owners of homes, businesses, hotels, and rental properties have a legal duty to maintain safe premises. When dangerous conditions such as wet floors, broken stairs, or inadequate security cause an injury, the property owner can be held liable.
- Third-party Contractors and Employers: In workplace and construction accident cases, contractors, subcontractors, or equipment manufacturers whose negligence contributed to an injury may face liability beyond the workers’ compensation system.
- Doctors and Hospitals: When a spinal cord injury occurs or worsens due to a medical error, the treating physician, surgeon, or medical facility can be held accountable through a medical malpractice claim.
Florida follows a modified comparative negligence rule, meaning that even if you were partially at fault for an accident, you may still recover compensation as long as you were not more than 50% responsible. An experienced Miami spinal cord injury attorney can evaluate all parties who may share liability and build the strongest possible case on your behalf.
Compensation for Spinal Cord Injury Victims
Spinal cord injuries carry some of the highest lifetime costs of any personal injury. According to the National Spinal Cord Injury Statistical Center (NSCISC), estimated lifetime costs vary substantially by injury severity and age at injury, ranging from roughly $1.9 million for less severe cases to more than $5.8 million for high tetraplegia. Your lawyer can factor these costs into a claim for compensation, which may include economic, non-economic, and, in some cases, punitive damages.
Economic Damages
Economic damages are those with a concrete financial value, such as:
- Present and future medical expenses, including emergency care, surgery, rehabilitation, and more
- Assistive devices such as wheelchairs and communication aids
- Home and vehicle modifications to accommodate physical limitations
- Lost wages and diminished future earning capacity
Non-Economic Damages
Non-economic damages compensate for the human cost of the injury, including:
- Physical pain and suffering
- Emotional distress and psychological trauma
- Loss of enjoyment of life
Punitive Damages
Florida courts may award punitive damages when a defendant’s conduct is reckless or intentional, such as drunk driving or knowingly ignoring dangerous conditions, to punish wrongdoing and deter similar behavior.
Local Resources for Spinal Cord Injury Victims in Miami
If you or a family member has suffered a spinal cord injury in Miami, the following local resources can provide support alongside your legal and medical care:
- The Miami Project to Cure Paralysis: The Miami Project is the world’s most comprehensive SCI research center, located at the Christine E. Lynn Rehabilitation Center on the University of Miami Hospital/Jackson Memorial campus. SCI patients may qualify for ongoing clinical research studies there.
- iAM ABLE: This non-profit paralysis center offers physical therapy, robotic gait training, functional electrical stimulation, and mentorship to help individuals with SCI build independence.
- VA’s Spinal Cord Injuries and Disorders System of Care: For veterans living with SCI, the Miami VA offers dedicated care.
Speak With a Miami Spinal Cord Injury Lawyer Today
Florida’s statute of limitations for personal injury claims gives most victims two years from the date of injury to file a lawsuit. Waiting too long can result in the loss of critical evidence and your right to pursue compensation.
If you or a member of your family has suffered a spinal cord injury caused by someone else’s negligence, the time to act is now. At Aigen Injury Law, our catastrophic injury lawyers represent spinal cord injury victims throughout Miami and Miami-Dade County on a contingency fee basis, meaning you pay nothing unless we win your case. Make the Call. Contact Aigen Injury Law today for a free consultation.
Results in individual cases are based on the unique facts of each case.