Texas Personal Injury: Spinal Cord and Paralysis Claims

Spinal cord injuries (SCI) can result in partial or complete loss of motor or sensory function, including paraplegia and quadriplegia. In Texas personal injury cases, you may seek compensation if another person or company’s negligence caused or contributed to your injuries. These claims frequently arise from motor vehicle and commercial trucking crashes, premises incidents (slips, trips, falls), sports or recreation events, workplace accidents, and defective products.

Liability and Comparative Fault

Texas follows a modified comparative fault system known as proportionate responsibility. If multiple parties share blame, the jury assigns percentages of responsibility. Your recovery is reduced by your percentage of fault, and you cannot recover if you are more than 50% responsible. See Texas Civil Practice and Remedies Code Chapter 33.

Identifying all potentially responsible parties—drivers, employers, property owners, product manufacturers, maintenance contractors, and others—can be critical to maximizing recovery.

Compensation You May Seek

Damages in SCI cases often include:

• Medical expenses: emergency care, surgeries, inpatient rehabilitation, outpatient therapies, medications, attendant care, durable medical equipment, and home or vehicle modifications.
• Economic losses: past and future lost wages and loss of earning capacity.
• Non-economic harms: pain and suffering, mental anguish, physical impairment, and disfigurement.
• Loss of consortium where applicable.
• Exemplary (punitive) damages in limited circumstances involving fraud, malice, or gross negligence, subject to CPRC Chapter 41 limitations and exceptions.

Proving Your Case: Evidence That Matters

Effective SCI claims rely on thorough documentation and expert analysis. Common evidence includes crash reports and scene documentation; photographs and videos; electronic data (event data recorders, telematics, surveillance); medical records and imaging; life care plans detailing future needs; vocational and economic loss reports; property maintenance logs; product design and recall records; and witness statements. Early preservation (spoliation) letters can help secure critical evidence from other parties.

Medical and Life Care Planning

SCI cases often require a comprehensive life care plan prepared by qualified experts to project future needs such as therapies, medications, attendant care, pressure injury prevention, transportation, and home or vehicle modifications. Combined with economic analysis, these projections help quantify long-term costs for settlement or trial.

Insurance, Liens, and Subrogation

Expect layered insurance: auto liability, commercial general liability, excess or umbrella, premises or homeowners, product liability coverage, and workers’ compensation where applicable. Health insurers, ERISA plans, and government payors may assert reimbursement rights. Texas also recognizes hospital liens in certain circumstances; see CPRC Chapter 55. The scope and priority of any reimbursement or lien depend on Texas law and plan documents, and resolving these issues can significantly affect net recovery.

Common Defenses

Defendants may argue:

• You were more than 50% at fault (which would bar recovery under Chapter 33).
• Your injuries predated the incident or were caused by later events.
• Your medical treatment was unreasonable or unnecessary.
• Any limitations reflect an exacerbation of preexisting conditions rather than new injury.

Prompt medical evaluation and consistent treatment can help address these arguments.

Time Limits and Notice Requirements

Texas sets deadlines for filing lawsuits. Personal injury claims are generally subject to a two-year limitations period; see CPRC § 16.003. Claims against governmental units may require formal notice (often within six months), and some municipalities impose shorter charter-based deadlines; see CPRC Chapter 101. Deadlines can vary based on claim type, parties, or other factors, so consult counsel promptly.

What to Do After a Spinal Cord Injury

• Get immediate medical care and follow treatment plans.
• Preserve evidence: photograph the scene and injuries, keep damaged equipment, and secure vehicle data when possible.
• Collect contact information for witnesses and involved parties.
• Avoid recorded statements to insurers before consulting counsel.
• Track expenses, time off work, and the impact on daily living.
• Speak with a Texas personal injury attorney experienced in SCI and paralysis cases.

FAQs

How long do I have to file a spinal cord injury claim in Texas?

Generally two years from the date of injury, with exceptions. Claims against governmental units may require earlier notice.

Can I recover if I was partly at fault?

Yes, unless you are more than 50% responsible. Your compensation is reduced by your percentage of fault.

What damages are common in paralysis cases?

Medical care, rehabilitation, attendant care, equipment and home modifications, lost income and earning capacity, and non-economic damages.

Do health insurers or hospitals get reimbursed from my settlement?

They may assert liens or subrogation rights under Texas law and plan terms. Early negotiation can improve your net recovery.

How an Attorney Can Help

Your attorney can investigate liability; retain medical, biomechanical, and economic experts; send preservation letters; evaluate insurance coverage; address hospital liens and subrogation claims; develop a life care plan; negotiate with insurers; and, when necessary, present your case at trial.

Ready to talk? Contact our Texas personal injury team for a confidential consultation.

Disclaimer: This blog post is for general informational purposes only, is not legal advice, and does not create an attorney-client relationship. Laws and deadlines change and may vary by circumstance; consult a licensed Texas attorney about your specific situation.