NYC Spinal Cord Injury Lawyer

At Kelner & Kelner, we understand that a spinal cord injury represents one of life's most challenging and life-altering events. As dedicated spinal cord injury lawyers serving New York City and surrounding areas, we bring decades of experience in advocating for those whose lives have been forever changed by these devastating injuries.

When you or a loved one suffers a spinal cord injury due to another's negligence, you need more than just legal representation – you need a compassionate advocate who understands the complex medical, financial, and emotional dimensions of your situation. Our team of spinal cord injury lawyers at Kelner & Kelner is committed to providing comprehensive legal support while fighting tirelessly for the compensation you deserve.

How a Spinal Cord Injury Lawyer Can Maximize Your Compensation

At Kelner & Kelner, our spinal cord injury lawyers employ strategic approaches to ensure clients receive the maximum compensation possible for these life-altering injuries.

• Comprehensive Medical Documentation: Our NYC spinal cord injury lawyers collaborate with medical professionals to thoroughly document all aspects of your injury, including future treatment needs and long-term prognosis, creating an irrefutable record of your condition.
• Economic Impact Analysis: Our spinal cord injury lawyers work with economic experts to calculate the full financial impact of your injury, including lifetime care costs, lost wages, and diminished earning capacity.
• Multiple Liability Sources: Our NYC spinal cord injury lawyers investigate all potential sources of liability, often identifying multiple responsible parties such as employers, product manufacturers, property owners, and contractors, increasing your potential compensation avenues.
• Detailed Life Care Planning: Our NYC catastrophic injury lawyer team develops comprehensive life care plans that project all future medical needs, adaptive equipment, home modifications, and assistance requirements.
• Persuasive Damage Presentation: Our NYC spinal cord injury lawyers employ compelling methods to demonstrate non-economic damages like pain and suffering, loss of enjoyment of life, and emotional distress, often overlooked but substantial components of spinal cord injury cases.
• Aggressive Negotiation Tactics: Our NYC spinal cord injury lawyers utilize strategic negotiation approaches backed by thorough preparation and willingness to proceed to trial, encouraging maximum settlement offers from insurance companies.
• Timely Filing and Documentation: Wensure all claims are filed within New York's statute of limitations and all documentation is comprehensive and properly submitted, preventing procedural errors that could reduce compensation.
• Expert Witness Coordination: Our NYC spinal cord injury lawyers work with medical specialists, accident reconstruction experts, and vocational rehabilitation professionals who provide authoritative testimony supporting your claim's validity and value.
• Structured Settlement Planning: For substantial awards, our spinal cord injury lawyers provide guidance on structured settlements that protect your long-term financial security and eligibility for benefits programs.
• Family Impact Consideration: Our NYC spinal cord injury lawyers ensure compensation accounts for effects on family relationships, including loss of consortium claims for spouses and the impact on dependent care responsibilities.

The right legal representation can substantially affect spinal cord injury cases. Our NYC spinal cord injury lawyers combine decades of experience with unwavering dedication to maximize our clients' compensation, providing crucial financial resources for adapting to life after a catastrophic injury.

Financial Compensation You May Be Entitled To After a Spinal Cord Injury

As your spinal cord injury lawyer, Kelner & Kelner will vigorously pursue all forms of compensation available under New York law for victims of catastrophic injuries.

• Medical Expenses: Compensation covers all injury-related healthcare costs including emergency treatment, surgeries, hospital stays, rehabilitation, specialized equipment, and ongoing care needs that may extend throughout your lifetime.
• Lost Income: Recovery includes wages lost during your recovery period as well as projected future earnings you can no longer achieve due to your spinal cord injury limitations.
• Diminished Earning Capacity: Your settlement should account for the difference between what you could have earned without the injury versus what you can earn now, often calculated by economic experts our NYC catastrophic injury lawyer team consults.
• Home Modification Costs: Compensation frequently covers necessary renovations to make your living space accessible, including wheelchair ramps, widened doorways, accessible bathrooms, and specialized kitchen adaptations.
• Adaptive Equipment: Recovery may include funds for mobility devices, specialized vehicles with hand controls, computer adaptive technology, and other equipment that enhances independence.
• Personal Care Assistance: Your settlement can provide for professional caregivers, nursing services, or family caregiver compensation when full-time or part-time assistance becomes necessary.
• Pain and Suffering: Compensation addresses the physical pain, discomfort, and suffering experienced both immediately after your injury and potentially for years to come.
• Emotional Distress: Recovery often includes compensation for psychological impacts like depression, anxiety, PTSD, and adjustment disorders commonly experienced after spinal cord injuries.
• Loss of Enjoyment: Your settlement can account for activities, hobbies, and experiences you can no longer participate in due to your spinal cord injury.
• Loss of Consortium: Spouses may receive compensation for the impact on marital relationships, including changes to intimacy, companionship, and partnership dynamics.
• Punitive Damages: In cases involving gross negligence or intentional misconduct, additional compensation may be awarded to punish the responsible party and deter similar behavior.

Common Causes of Spinal Cord Injuries

As experienced spinal cord injury lawyers serving New York City, Kelner & Kelner has represented countless clients whose lives were forever changed by these catastrophic injuries resulting from various preventable incidents.

• Motor Vehicle Accidents: Auto collisions represent the leading cause of spinal cord injuries nationwide, with rollover accidents, high-speed impacts, and ejections from vehicles creating particularly severe trauma to the spinal column.
• Falls: Whether from construction scaffolding, unsecured ladders, or dangerous staircases in apartment buildings, falls account for a substantial percentage of spinal injuries our NYC catastrophic injury lawyer team handles each year.
• Construction Site Incidents: New York City's constant development creates numerous hazards including falling objects, equipment accidents, trench collapses, and scaffold failures that can result in devastating spinal cord damage.
• Medical Malpractice: Surgical errors, anesthesia mistakes, failure to diagnose spinal infections, improper patient handling, and missed fractures can all lead to preventable spinal cord injuries that might have been avoided with proper care.
• Sports and Recreation Accidents: High-impact activities like diving into shallow water, football collisions, gymnastics falls, and extreme sports contribute significantly to spinal cord trauma, particularly among younger individuals.
• Physical Assault: Violent acts including gunshot wounds, knife injuries, and physical attacks can directly damage the spinal cord or create secondary injuries through falls during the incident.
• Defective Products: Malfunctioning safety equipment, failed vehicle components like tires or airbags, defective helmets, and other product failures can lead to circumstances causing catastrophic spinal injuries.
• Pedestrian and Cycling Accidents: New York City's busy streets present serious hazards for pedestrians and cyclists who lack the protection of vehicle structures when struck by cars, trucks, or buses.
• Swimming Pool Accidents: Diving accidents in insufficiently marked shallow pools, slides with dangerous designs, and lack of proper supervision can result in life-altering cervical spine injuries.
• Workplace Accidents: Beyond construction, many industries present spinal injury risks through heavy machinery accidents, falling objects, repetitive motion injuries, and inadequate safety protocols.

Complications of a Spinal Cord Injury

At Kelner & Kelner, our spinal cord injury lawyers understand that these catastrophic injuries extend far beyond initial paralysis, often leading to numerous secondary complications that require extensive ongoing medical care and support.

• Respiratory Problems: Damage to the spinal cord, particularly in the cervical or upper thoracic regions, can significantly impair breathing function and increase susceptibility to pneumonia and other pulmonary infections due to weakened respiratory muscles.
• Autonomic Dysreflexia: This potentially life-threatening condition affects individuals with injuries at or above the T6 level, causing sudden dangerous spikes in blood pressure, severe headaches, and sweating when triggered by bladder distension, skin irritation, or other stimuli below the injury level.
• Pressure Injuries: Inability to feel discomfort and change positions leads to dangerous pressure sores that can quickly progress to serious infections, requiring hospitalization, surgery, and sometimes resulting in life-threatening sepsis.
• Urinary Tract Complications: Loss of bladder control frequently leads to infections, kidney stones, and potential kidney damage, requiring ongoing catheterization and medical management by specialists.
• Bowel Dysfunction: The inability to control bowel movements creates significant management challenges, potential for impaction, and psychological distress that affects quality of life and social engagement.
• Spasticity and Muscle Contractures: Involuntary muscle spasms and joint contractions develop in many spinal cord injury patients, causing pain, limiting mobility, and potentially leading to permanent joint deformities without proper intervention.
• Cardiovascular Issues: Blood pressure abnormalities, circulation problems, deep vein thrombosis, and increased risk of pulmonary embolism present ongoing health threats that require vigilant monitoring and treatment.
• Chronic Pain: Many patients experience neuropathic pain below the injury level that proves extremely difficult to treat with conventional pain management approaches, significantly affecting quality of life.
• Sexual Dysfunction: Changes in sexual function and fertility impact intimate relationships and family planning options, creating emotional challenges that extend beyond physical limitations.
• Depression and Psychological Impact: The profound life changes following spinal cord injury frequently lead to depression, anxiety, and adjustment disorders requiring professional mental health support and treatment.

Who May Be Liable for Your Spinal Cord Injury?

As your spinal cord injury lawyer, Kelner & Kelner conducts thorough investigations to identify all parties whose negligence contributed to your catastrophic injury, often uncovering multiple sources of liability that maximize potential compensation.

• Vehicle Operators: Drivers who cause accidents through distracted driving, speeding, intoxication, or other negligent behaviors can be held personally liable for resulting spinal cord injuries, with their insurance companies typically providing the primary source of compensation.
• Property Owners: Building owners, businesses, and landlords who fail to maintain safe premises or address known hazards like broken staircases, inadequate lighting, or unmarked wet floors can bear responsibility for falls resulting in spinal trauma.
• Employers: Companies may be liable for workplace injuries through unsafe conditions, inadequate training, or violations of OSHA regulations, with workers' compensation providing initial benefits but third-party claims often available for additional compensation.
• Construction Contractors: General contractors, subcontractors, and construction managers share responsibility for maintaining safe worksites and following New York's strict labor laws, including the Scaffold Law, which provides important protections for workers suffering gravity-related injuries.
• Product Manufacturers: Companies that design, manufacture, or sell defective products—from faulty vehicle components to unsafe recreational equipment—can be held liable under product liability laws when these defects cause spinal injuries.
• Medical Providers: Doctors, surgeons, anesthesiologists, and healthcare facilities may bear responsibility for spinal cord damage resulting from surgical errors, improper patient handling, missed diagnoses, or other forms of medical negligence.
• Government Entities: Municipal agencies responsible for road maintenance, public transportation, and government-owned properties can be liable for unsafe conditions, though special filing requirements and shorter timeframes apply to these claims.
• Alcohol Vendors: Bars, restaurants, and stores that serve or sell alcohol to visibly intoxicated persons or minors may share liability under "dram shop" laws if those individuals subsequently cause accidents resulting in spinal injuries.
• Sports Facilities: Gyms, swimming pools, and recreational venues have duties to provide proper supervision, maintain equipment, and warn of inherent risks, with potential liability when failures in these areas lead to catastrophic injuries.
• Third-Party Contractors: Service providers like elevator maintenance companies, security firms, or snow removal services can be liable when their negligence in performing contracted duties creates conditions leading to spinal cord injuries.

What To Do After a Spinal Cord Injury Caused By Someone Else's Negligence

At Kelner & Kelner, our spinal cord injury lawyers recommend taking specific actions following a catastrophic injury to protect both your health and legal rights during this challenging time.

• Seek Immediate Medical Attention: Even if the injury seems manageable initially, prompt medical evaluation is critical as spinal cord damage can worsen rapidly without proper immobilization and treatment by qualified trauma specialists.
• Follow All Treatment Recommendations: Adhering strictly to your medical team's care plan not only optimizes your recovery potential but also creates a documented record of your injuries and their impact on your daily functioning.
• Document Everything: Preserve all evidence related to your accident, including photographs of the scene, vehicle damage, hazardous conditions, witness contact information, and any communication with the responsible parties or their insurers.
• Avoid Discussing Fault: Refrain from making statements about who caused the accident, apologizing, or discussing details with insurance adjusters before consulting with a spinal cord injury lawyer, as these comments may be used to minimize your compensation.
• Decline Early Settlement Offers: Insurance companies often present quick, inadequate settlement offers before the full extent of spinal cord injuries is known, potentially leaving you without resources for lifetime care needs.
• Keep Detailed Records: Maintain organized files of all medical reports, treatment records, rehabilitation assessments, medication lists, and correspondence related to your injury for your legal team to review.
• Track All Expenses: Document every expense related to your injury, from hospital bills and medication costs to home modifications, transportation to medical appointments, and personal care assistance.
• Maintain a Daily Journal: Record your physical symptoms, pain levels, emotional challenges, and how your injury impacts daily activities to provide powerful evidence of your non-economic damages.
• Consult a Spinal Cord Injury Lawyer: Contact an experienced NYC catastrophic injury lawyer as soon as possible after stabilization to ensure critical evidence is preserved and proper legal procedures are followed within required timeframes.
• Notify Your Insurance Company: Report the incident to your own insurance provider as required by your policy, but consult with your attorney before providing detailed statements or signing any documents.
• Focus on Rehabilitation: Commit fully to your rehabilitation program while allowing your legal team to handle the complex aspects of your case, including negotiations, evidence gathering, and procedural requirements.

Contact Kelner & Kelner Today For Your Spinal Cord Injury Case

If you or a loved one has suffered a spinal cord injury due to someone else's negligence, don't face this challenge alone. Our dedicated team of spinal cord injury lawyers at Kelner & Kelner is ready to fight for the compensation you deserve while you focus on what matters most - your recovery and adaptation to life's new challenges.

NYC Spinal Cord Injury Lawyer FAQs

How long do I have to file a spinal cord injury lawsuit in New York?

In New York, you generally have three years from the date of your injury to file a personal injury lawsuit. However, this timeframe can be much shorter in cases involving government entities (just 90 days to file a notice of claim) or medical malpractice (2.5 years). Consulting with a spinal cord injury lawyer promptly ensures you don't miss these critical deadlines.

Can I still recover compensation if I was partially at fault for the accident?

Yes. New York follows a "pure comparative negligence" rule, meaning you can still recover damages even if you were partly responsible for your injury. Your compensation will be reduced by your percentage of fault, but you remain eligible for recovery regardless of how much responsibility you bear. Our spinal cord injury lawyers work to minimize your assigned percentage of fault to maximize your compensation.

What is the difference between complete and incomplete spinal cord injuries?

A complete spinal cord injury results in total loss of sensory and motor function below the level of injury, with no messages able to travel past the damaged area. An incomplete injury means the spinal cord retains some ability to transmit signals beyond the injury site, potentially allowing for some sensation or movement below the injury level, with varying degrees of function and recovery potential.

How are spinal cord injury cases valued?

Each case value depends on factors including injury severity, prognosis for recovery, pre-injury earnings, age at injury, required lifetime care, and liability circumstances. Our NYC catastrophic injury lawyer team works with medical experts, economists, and life care planners to calculate comprehensive damages, which typically range from hundreds of thousands to millions of dollars for severe cases.

Will my spinal cord injury case go to trial?

While most cases settle before trial, our firm prepares every case as if it will reach the courtroom. Insurance companies are more likely to offer fair settlements when they know your legal team is prepared for trial. Approximately 15-20% of our spinal cord injury cases proceed to trial when fair settlement cannot be reached through negotiation.

How do you prove negligence in a spinal cord injury case?

We must establish four elements: the defendant owed you a duty of care, they breached that duty through action or inaction, this breach directly caused your injury, and you suffered quantifiable damages as a result. Our spinal cord injury lawyers gather evidence including accident reports, witness testimony, expert opinions, surveillance footage, and medical documentation to build a compelling negligence case.

Can I recover compensation if my spinal cord injury occurred at work?

Workers' compensation provides initial benefits regardless of fault, but these benefits are often insufficient for catastrophic injuries. Our firm identifies potential third-party claims against equipment manufacturers, subcontractors, property owners, or maintenance companies that may share liability for workplace accidents, potentially providing substantial additional compensation beyond workers' compensation benefits.

What if the accident that caused my spinal cord injury involved an uninsured driver?

If you're injured by an uninsured or underinsured motorist, you may recover compensation through your own uninsured motorist coverage. Additional options include pursuing claims against other liable parties such as vehicle manufacturers, government entities responsible for road maintenance, or bars that served an intoxicated driver. Our spinal cord injury lawyers explore all potential recovery sources when traditional insurance is inadequate.

How does New York's No-Fault insurance system affect spinal cord injury claims?

While New York's No-Fault system provides initial coverage for medical expenses and some lost wages regardless of fault, spinal cord injuries almost always meet the "serious injury" threshold required to step outside the No-Fault system and pursue full compensation through a personal injury lawsuit, including non-economic damages like pain and suffering.

What should I bring to my initial consultation with a spinal cord injury lawyer?

Bring all documentation related to your injury, including medical records, accident reports, insurance information, correspondence with insurers, photos of the accident scene or injuries, witness contact information, employment and income records, and a written timeline of events. This information helps our NYC catastrophic injury lawyer team evaluate your case accurately during our initial meeting.