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San Jose Spinal Cord Injury Attorney

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Attorney Michael Rehm — (800) 978-0754

Attorney Michael Rehm represents spinal cord injury victims throughout San Jose and Santa Clara County. A spinal cord injury is one of the most economically and personally devastating injuries that can result from an accident. Paralysis — whether complete or incomplete, whether affecting the legs or the arms and legs — is permanent in most cases. The immediate medical costs are severe. The lifetime costs of care, lost earnings, adaptive equipment, and housing modifications are often in the millions of dollars. A spinal cord injury case requires a damages case built to reflect that reality.

Types of Spinal Cord Injuries

Spinal cord injuries are classified by completeness and level. A complete injury results in total loss of motor function and sensation below the level of injury. An incomplete injury results in partial loss — some function may be preserved. The level of the injury determines the scope of impairment: cervical injuries (neck) typically result in tetraplegia or quadriplegia, affecting all four limbs; thoracic injuries typically result in paraplegia, affecting the lower body. Even injuries classified as "incomplete" often result in permanent functional limitations that affect every aspect of daily life.

The Legal Framework

Civil Code § 1714(a) imposes a duty of ordinary care on every person in the management of their property or person. A defendant who breaches that duty and causes a spinal cord injury is liable for all resulting damages. Civil Code § 3333 sets the measure of damages as the amount that will compensate for all detriment proximately caused by the defendant's negligence, whether anticipated or not. Civil Code § 3283 authorizes recovery for future losses reasonably certain to occur.

In a spinal cord injury case, the future damages component is typically the largest part of the claim. Lifetime medical care, attendant care, adaptive equipment, vehicle and home modifications, and lost earning capacity over a working life must all be quantified and supported by expert testimony. Life care planners, vocational rehabilitation experts, and economists are typically necessary to present a complete damages case.

Causes of Spinal Cord Injuries in Personal Injury Cases

Spinal cord injuries in personal injury cases arise from vehicle accidents — particularly high-speed collisions and truck accidents — motorcycle crashes, diving accidents in swimming pools, falls from height, and pedestrian strikes. The common element is a sudden, violent force applied to the spine. In vehicle cases, the at-fault driver's liability is governed by Civil Code § 1714(a) and relevant Vehicle Code violations. In premises liability cases — including diving accidents — the property owner's duty to maintain a safe premises and to warn of hazards applies.

Pre-Existing Spinal Conditions

Many spinal cord injury plaintiffs have pre-existing conditions — degenerative disc disease, prior injuries, stenosis — that made them more vulnerable to the catastrophic consequences of trauma. The eggshell plaintiff doctrine holds the defendant responsible for the full extent of harm caused, including acceleration or aggravation of pre-existing conditions. A defendant cannot reduce liability by arguing that a healthier person would have fared better. What matters is the harm actually caused to this plaintiff by this defendant's negligence.

Damages

Civil Code § 3281 provides that every person who suffers detriment from another's unlawful act is entitled to recover compensation. In a spinal cord injury case, recoverable damages include emergency and acute medical care, surgical costs, rehabilitation, lifetime attendant care, adaptive equipment and technology, vehicle modifications, home modifications, lost earnings and diminished earning capacity, pain and suffering, emotional distress, and loss of enjoyment of life.

Filing Deadline — Statute of Limitations

Code of Civil Procedure § 335.1 sets a two-year statute of limitations for personal injury claims. Missing this deadline can potentially bar a lawsuit. Tolling doctrines may apply depending on the facts — contact Attorney Michael Rehm to assess the specific timeline in your case.

Santa Clara County Superior Court

Spinal cord injury cases filed in San Jose are heard at the Santa Clara County Superior Court, 191 N. First Street, San Jose, CA 95113. All limited and unlimited civil cases must be filed at the Downtown Superior Court under Local Civil Rule 1(C). E-filing is mandatory for represented parties. Cases estimated to take more than one day at trial require a Mandatory Settlement Conference before the trial assignment hearing, with the MSC Statement due no later than five court days before the conference.

Related Pages

Attorney Michael Rehm handles spinal cord injury cases throughout San Jose and Santa Clara County on a contingency fee basis. No fee without a recovery. Call (800) 978-0754 for a free consultation.

The information on this page is general legal information, not legal advice, and does not create an attorney-client relationship. Every case turns on its own facts. The law can change — statutes are amended, cases are decided, and regulations are revised; nothing on this page should be relied upon as a statement of current law without verification. Deadlines and legal bars discussed on this page are general guides — whether a particular deadline applies, has run, or is subject to tolling, and whether a particular doctrine bars or limits recovery in your case, requires individual analysis. Contact Attorney Michael Rehm to discuss the specific facts of your situation.

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