If you or your loved one suffered paralysis due to someone else's fault in Orange County, you have two years to file a personal injury lawsuit under California law. Paralysis victims can seek compensation for medical expenses, lost income, pain and suffering, and other damages. Because these cases involve complex medical evidence and substantial losses, working with an experienced personal injury attorney can improve your chances of fair compensation.
Barrios & Machado Personal Injury & Accident Lawyers is a respected personal injury firm serving clients throughout Orange, California and surrounding areas. Our team has helped many individuals and families understand their legal options and pursue the compensation they deserve after they’ve been affected by catastrophic injuries.
Get your free consultation with us at Barrios & Machado. Call us today at (714) 515-9696.
What Is a Paralysis Injury?
Paralysis occurs when the spinal cord or brain suffers damage that disrupts the body's ability to send and receive signals. According to the National Institute of Neurological Disorders and Stroke, a spinal cord injury can cause temporary or permanent changes in sensation, movement, strength, and body functions below the injury site.
The type and extent of paralysis depend on where the injury occurs along the spinal cord:
- Tetraplegia (quadriplegia) affects all four limbs and typically results from injuries to the upper spinal cord in the neck region.
- Paraplegia affects the lower body and legs, usually resulting from injuries lower on the spinal cord.
- Incomplete injuries mean the spinal cord can still transmit some messages, allowing for partial sensation or movement.
- Complete injuries result in total loss of sensation and motor function below the injury site.
Common Causes of Paralysis Injuries
Motor vehicle accidents remain the leading cause of traumatic spinal cord injuries in the United States. The National Spinal Cord Injury Statistical Center (NSCISC) reports that vehicle crashes account for the largest percentage of new spinal cord injuries each year, followed by falls.
In Orange County, paralysis injuries commonly result from:
- Motor vehicle accidents. Car crashes, motorcycle collisions, truck accidents, and pedestrian incidents can all cause the violent forces needed to damage the spinal cord. Even seemingly minor accidents can result in spinal cord trauma when the head or neck moves suddenly.
- Falls. Slip-and-fall accidents, falls from heights at construction sites, and falls from ladders or scaffolding frequently cause paralysis. For adults over 65, falls are the most common cause of spinal cord injury.
- Acts of violence. Gunshot wounds and physical assaults can cause penetrating injuries to the spinal cord.
- Sports and recreation accidents. Diving into shallow water, contact sports injuries, and recreational vehicle accidents contribute to spinal cord injuries, particularly among younger people.
- Medical negligence. Surgical errors, delayed diagnosis, and improper treatment can cause or worsen spinal cord damage.
When someone else's carelessness or wrongful conduct causes a paralysis injury, the victim may have grounds for a personal injury claim.
California Law and Paralysis Injury Claims
California follows a "pure comparative negligence" rule for personal injury cases. This means you may still receive compensation even if you share some fault in the accident that caused your injury. However, this compensation will be lowered by your percentage of fault. For example, if a jury finds you were 20% responsible for the accident and awards $1 million in damages, you would receive $800,000.
To succeed in a paralysis injury case in California, you generally must prove:
- The defendant owed you a duty of care.
- The defendant breached (failed) that duty through their negligent or wrongful conduct.
- That breach directly caused your injuries.
- You suffered actual damages as a result.
Our team at Barrios & Machado Personal Injury, led by experienced attorneys Ursula Barrios and Guillermo Machado, understands how California courts evaluate these elements in catastrophic injury cases. We work to build strong evidence showing how the defendant's actions led to our client's paralysis.
Damages in Orange County Paralysis Cases
Paralysis injuries create both immediate and lifelong challenges. California law allows injury victims to pursue two main categories of damages.
Economic damages refer to your measurable financial losses, including:
- Injury-related medical expenses (past and future)
- Rehabilitation and physical therapy costs
- Home modifications and medical equipment
- Lost income and reduced earning capacity
- In-home care and assistance.
Non-economic damages address the harder-to-quantify impacts of your injury:
- Physical pain and suffering
- Emotional distress and mental anguish
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium (for spouses).
California does not cap (limit) non-economic damages in most personal injury cases. This matters greatly for paralysis victims, whose pain and suffering often extend for decades.
The lifetime costs of a spinal cord injury can be staggering. Research from the NSCISC indicates that first-year medical costs alone can exceed $1.4 million for high tetraplegia injuries. Patients also face substantial ongoing expenses that can reach $240,000 or more each year for the rest of their lifetime.
This is why it’s crucial to pursue a strong compensation claim if your paralysis was caused by someone else. In Orange County, get competent legal help from the Barrios & Machado Personal Injury firm.
Time Limits for Filing Your Claim
California's statute of limitations generally give you two years from the date of your paralysis injury to file a lawsuit. Missing this deadline will usually result in barring your claim.
Some situations can affect this timeline. If a government entity caused your injury, you must file an administrative claim within six months of the accident. Claims involving minors may have extended deadlines. The discovery rule may apply when injuries aren't immediately apparent.
Because these rules can be complex, consulting with an attorney promptly after a paralysis injury protects your rights. Our team at Barrios & Machado Personal Injury & Accident Lawyers can evaluate your specific situation and help ensure you don't miss critical deadlines.
The Scope of Paralysis Injuries in America
Paralysis affects far more Americans than many people realize. NSCISC‑based estimates indicate an average of 18,421 new traumatic spinal cord injuries each year and around 300,000 people living with SCI in the U.S.
The human toll extends beyond the injured person. Families often face emotional strain, financial hardship, and major lifestyle adjustments when a loved one becomes paralyzed. Spouses and children may take on caregiving responsibilities. Careers may be interrupted or ended. Dreams may need to be reimagined.
A thorough personal injury claim accounts for all these impacts. At Barrios & Machado, we examine not just immediate medical bills, but the full scope of how paralysis changes a person's life and the lives of those who love them.
FAQs About Paralysis Injury Claims
How long do I have to file a paralysis lawsuit in California?
You generally have two years from the date of injury to file a personal injury lawsuit in California. If a government entity is involved, you must file an administrative claim within six months. Consulting an attorney promptly helps ensure you meet all applicable deadlines.
What if I were partially at fault for the accident that caused my paralysis?
California's pure comparative negligence rule allows you to recover damages even if you share some fault. Your compensation will be reduced by your percentage of responsibility. For instance, if you're found 30% at fault, you can still recover 70% of your damages.
Can family members receive compensation for a loved one's paralysis?
Yes. California law allows spouses to seek damages for loss of consortium, which is the loss of companionship, affection, and support that results from a serious injury. Parents of injured minors may also have claims for the child's medical expenses.
What makes paralysis cases different from other personal injury cases?
Paralysis cases typically involve higher damages, more complex medical evidence, and longer recovery timelines than other injury claims. Calculating lifetime medical costs, lost earning capacity, and appropriate pain and suffering compensation requires specialized expertise.
Key Points to Remember
- Paralysis injuries from negligence can support substantial personal injury claims in California.
- The lifetime costs of spinal cord injuries often reach into the millions of dollars.
- You have two years from the date of injury to file a lawsuit (shorter deadlines apply for claims against government entities).
- California's comparative negligence rule allows recovery even if you share some fault.
- Both economic damages (medical bills, lost wages) and non-economic damages (pain and suffering) may be available.
Contact Barrios & Machado Personal Injury & Accident Lawyers for Help With Your Paralysis Injury Case
A paralysis injury changes everything in an instant. If you or a family member suffered paralysis due to someone else's negligence in Orange County, you deserve knowledgeable legal representation focused on securing fair compensation for your losses.
Ursula Barrios and Guillermo Machado are top-rated personal injury attorneys in Orange, California. Visit their lawyer profiles to learn more about their experience and results.
Call (714) 515-9696 to schedule a free consultation.
