Car Accident
Car accidents are the most common personal injury claim in California. The at-fault driver is liable under negligence principles, and California's pure comparative fault system from Li v. Ye...
Car Accident guide →Legal Information Notice
This page provides general legal information about spinal cord injury claims in California. It does not provide legal advice. Consult a licensed California attorney for guidance specific to your situation.
Spinal Cord Injury Under California Law
Spinal cord injuries (SCI) from personal injury accidents produce California's highest economic damage awards. Complete SCI produces permanent paralysis and requires lifetime attendant care, medical management, adaptive equipment, and home modification. California's uncapped damages and the availability of structured settlements for large personal injury awards make SCI cases among the most financially significant personal injury matters in the state.
California personal injury law provides a robust framework for spinal cord injury victims. The governing legal standard depends on the type of injury: vehicle accidents proceed under negligence (with Vehicle Code violations establishing negligence per se); premises liability proceeds under the Rowland v. Christian (1968) duty of care; product liability proceeds under Greenman v. Yuba Power Products (1963) strict liability; and medical malpractice proceeds under MICRA's professional negligence standard with its specific damage caps and shorter statute of limitations.
California's pure comparative fault system from Li v. Yellow Cab Co. (1975) allows spinal cord injury victims to recover damages even if they were partly at fault. Recovery is reduced proportionally by the victim's fault percentage but not eliminated. California imposes no cap on economic or non-economic damages in non-malpractice personal injury cases.
Who Is Liable After a Spinal Cord Injury
Liability in spinal cord injury cases depends on the specific facts and the legal theory governing the injury type. For vehicle accidents: the at-fault driver and their employer (if driving for work). For premises liability: the property owner, lessee, or other party who controlled the property. For product liability: the manufacturer, distributor, and retailer in the entire distribution chain. For medical malpractice: the licensed healthcare provider and potentially the healthcare facility. For workplace accidents: the employer's workers' compensation insurer (exclusive remedy against the employer) and third-party defendants whose negligence contributed.
"Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another."
Damages Available After a Spinal Cord Injury
California spinal cord injury victims can recover: all past and future medical expenses (no cap); lost wages and lost earning capacity; property damage; non-economic damages (pain, suffering, emotional distress, disfigurement, loss of enjoyment of life) — uncapped in non-malpractice personal injury cases; and punitive damages under Civil Code Section 3294 when the defendant's conduct constitutes malice, oppression, or fraud. Medical malpractice non-economic damages are capped by MICRA at $470,000 (personal injury) and $650,000 (wrongful death) in 2026.
Statute of Limitations for Spinal Cord Injury Claims in California
Two years from the date of injury under CCP Section 335.1 for most spinal cord injury claims. Medical malpractice: one year from discovery or three years from the act (CCP Section 340.5). Government entity claims: six-month administrative claim under Government Code Section 945.4. Minor victims: tolled until age 18 under CCP Section 352. Missing any applicable deadline permanently bars the claim.
Critical Evidence in Spinal Cord Injury Cases
- Medical records from the date of injury — Create a contemporaneous medical record tying injuries to the incident; seek care the same day if possible
- Incident or police report — Official documentation of the event, the parties, and any witnesses
- Photographs — The scene, injuries, defective condition, or damaged product at the earliest possible opportunity
- Witness information — Names and contact information for all persons who saw the incident
- Insurance information — All potentially applicable policies from all potentially liable parties
- Prior incident records — Prior complaints, citations, inspections, or product recalls that establish the defendant's prior notice of the hazard
- Employment and wage records — Documentation of lost income from the date of injury forward
Frequently Asked Questions — Spinal Cord Injury
What is an ASIA classification in a spinal cord injury case?
The American Spinal Injury Association (ASIA) Impairment Scale classifies spinal cord injuries from A (complete — no motor or sensory function below the injury level) to E (normal function). ASIA classification is used by medical experts to communicate injury severity and prognosis. Complete SCI (ASIA A) produces permanent paralysis; incomplete SCI (ASIA B-D) may allow partial motor or sensory function recovery.
What economic damages are available in a California SCI case?
Lifetime attendant care (24-hour nursing in severe cases); adaptive equipment (power wheelchairs, communication devices); vehicle modification; home modification for wheelchair access; all medical care including respiratory support, urological care, and pressure wound prevention; vocational rehabilitation or loss of all earning capacity; and all future expenses as calculated by a certified life care planner and forensic economist.
Are California SCI damages capped?
No. California imposes no cap on damages in non-malpractice SCI cases (vehicle accidents, premises liability, product liability). Non-economic damages (pain, suffering, emotional distress, loss of enjoyment of life, loss of sexual function, and permanent disability) are uncapped. SCI wrongful death cases are also uncapped except in medical malpractice context where MICRA's $650,000 non-economic cap applies.
What is a structured settlement and should I consider one?
A structured settlement is an arrangement where some or all of a personal injury judgment or settlement is paid as a series of periodic payments rather than a lump sum. Under Internal Revenue Code Section 104(a)(2), personal injury structured settlement payments are income-tax-free. For large SCI awards, structured settlements offer tax efficiency and guarantee that funds will be available for lifetime care needs. The choice between a lump sum and a structure is a significant financial planning decision.
How long does it take to resolve an SCI personal injury case?
California SCI cases are among the most complex in civil litigation due to the expert-intensive damages calculation, the multi-defendant liability analysis common in accident cases, and the high settlement value that often prompts extended negotiation. Most serious SCI cases take 2-5 years from accident to final resolution. Interim treatment expenses may be funded through workers' compensation, health insurance, or medical liens while the case is pending.
How long do I have to file an SCI lawsuit?
Two years from the date of injury under CCP Section 335.1. For SCI from medical malpractice, MICRA's one year from discovery or three years from the act applies. Government entity claims: six months under Government Code Section 945.4. Given the complexity of SCI cases and the need for expert evaluation, promptly consulting a California attorney is essential.
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