Texas Personal Injury: Fight Spinal Cord Paralysis Losses
If you or a loved one suffered spinal cord paralysis in Texas, you may be entitled to compensation for medical care, lost income, assistive technology, home modifications, and non-economic losses. Learn how Texas personal injury law approaches these cases, the evidence you will need, how fault is proven, and what to expect when pursuing a claim.
Understanding Spinal Cord Paralysis Claims in Texas
Spinal cord injuries (SCIs) can cause partial or complete paralysis, leading to significant medical, financial, and quality-of-life impacts. Cases often arise from motor vehicle crashes, falls, unsafe premises, medical negligence, defective products, workplace incidents (where workers’ compensation and third-party issues may arise), and sports or recreational events.
Core Legal Elements
In Texas, a personal injury plaintiff generally must prove: (1) a duty of care, (2) breach, (3) causation, and (4) damages. Evidence commonly includes crash or incident reports, medical and rehabilitation records, imaging, expert opinions (medicine, life care planning, vocational, economics), and proof of lost earnings and day-to-day functional impacts.
Comparative Responsibility in Texas
Texas uses modified comparative responsibility. Any award may be reduced by the claimant’s percentage of responsibility, and recovery is barred if the claimant is more than 50% responsible. See Texas Civil Practice and Remedies Code Chapter 33.
Damages in Spinal Cord Paralysis Cases
Recoverable losses may include: emergency and hospital care, surgery, inpatient rehabilitation, outpatient therapies, prescription medications, durable medical equipment, home and vehicle modifications, personal care attendants, future medical and life care needs, lost wages, diminished earning capacity, and non-economic damages for pain, mental anguish, physical impairment, and loss of enjoyment.
Exemplary (punitive) damages may be available only on proof of fraud, malice, or gross negligence and are subject to statutory caps (generally the greater of $200,000 or two times economic damages plus up to $750,000 of non-economic damages). See Chapter 41.
Health care liability claims have special requirements and limits under Chapter 74, including pre-suit notice and expert report rules.
Product and Premises Liability Considerations
If a defective product or unsafe property condition contributed to the injury, Texas law may allow claims for design defect, manufacturing defect, failure to warn, negligent maintenance, or premises liability. Premises claims typically require showing the owner knew or should have known of an unreasonably dangerous condition and failed to take reasonable steps to address it. Expert inspections, code compliance analysis, and industry standards often become central.
Developing the Evidence Record
Build a comprehensive record early:
- Preserve vehicles, products, and scene evidence; secure surveillance footage; request 911 or bodycam recordings when available.
- Photograph injuries, braces, wheelchairs, and home modifications; keep a symptom and care journal.
- Track caregiver hours, out-of-pocket costs, and mileage for medical visits.
- Engage specialists—spinal surgeons, physiatrists, neuropsychologists, life care planners, vocational experts, and economists—to quantify long-term needs and costs.
Insurance Issues and Settlement Strategy
Severe SCI claims often exceed minimum auto or premises policy limits. A thorough approach may identify multiple coverage layers—commercial policies, excess or umbrella coverage, employer liability, products coverage, and your own underinsured motorist benefits. Settlement positioning typically depends on liability strength, causation clarity, a credible life care plan, and a defensible economic model for future costs. Structured settlements and special needs trusts can help preserve public benefits and manage lifetime care funding.
Litigation Timeline: What to Expect
Many cases progress through pre-suit investigation, filing, written discovery, depositions, expert disclosures, mediation, and trial. Complex SCI matters often require multiple experts and extensive medical discovery. Courts may order mediation. Timelines vary based on court docket, number of parties, insurance coverage disputes, and ongoing treatment.
Deadlines and Special Rules
Deadlines are critical. Many Texas personal injury claims must be filed within two years of the injury, subject to exceptions. See § 16.003. Claims against governmental entities carry additional pre-suit notice requirements and statutory caps; some local charters impose shorter notice periods. See the Texas Tort Claims Act (Chapter 101). Act promptly to avoid forfeiting your rights.
How a Texas Injury Lawyer Helps
Your attorney can coordinate medical and life care experts, preserve and analyze evidence, navigate insurance coverage, address liens and subrogation, and prepare your case for settlement or trial. For families facing paralysis, counsel also assists with accessible housing, transportation, in-home care planning, and long-term financial needs. Health care liability claims entail added notice and expert report requirements under Chapter 74.
Practical Tips
- Document daily limitations with simple videos to show function over time.
- Start a master file for bills, EOBs, mileage logs, and home-modification estimates.
- Ask providers for detailed narratives linking the incident to the diagnosis and future care needs.
- Identify all potentially responsible parties early to avoid missed insurance layers.
Claim Readiness Checklist
- All treating records and imaging obtained and organized
- Life care plan draft and economist report
- Vocational assessment for future earning capacity
- Photographs of injuries, equipment, and home or vehicle modifications
- Preservation letters sent to at-fault parties and insurers
- Calendar of all limitation and notice deadlines
FAQs
How long do I have to file a spinal cord paralysis claim in Texas?
Many personal injury claims must be filed within two years from the date of injury, subject to exceptions. See § 16.003. Some claims require earlier notices, especially against government entities.
Will my compensation be reduced if I was partly at fault?
Possibly. Under Texas’s modified comparative responsibility, your award may be reduced by your percentage of responsibility and is barred if you are more than 50% at fault.
What if policy limits are not enough?
Your attorney may pursue additional sources such as excess or umbrella policies, employer or commercial coverage, product liability insurance, and your underinsured motorist coverage.
Next Steps
- Get immediate medical evaluation and follow all treatment recommendations.
- Preserve evidence and keep all documents and expense receipts.
- Avoid recorded statements or broad medical authorizations to insurers without counsel.
- Consult a Texas personal injury attorney to assess liability, damages, insurance coverage, and deadlines.
Ready to talk? Contact our team to discuss your options: Request a free consultation.
Disclaimer: This information concerns Texas law, is for general educational purposes only, and is not legal advice. Legal outcomes depend on specific facts and current law. Consult a licensed Texas attorney about your situation and deadlines.