San Jose Spinal Cord Injury Attorney
San Jose Spinal Cord Injury Attorney
Spinal cord injury attorneys representing people facing paralysis and lifelong care after an accident in San Jose, with more than 30 years of plaintiff-side experience.
If a spinal cord injury in San Jose has left you or a loved one facing paralysis and a lifetime of care, a personal injury attorney can pursue the full compensation those needs demand. Our San Jose, CA spinal cord injury attorney investigates how the injury happened, identifies every responsible party, and builds a claim that accounts for the medical, financial, and personal toll over a lifetime. Mitchell & Danoff Law Firm, Inc. has represented injured people on the plaintiff’s side for more than 30 years. A free consultation is available to review the accident and explain what your claim may be worth.
Spinal Cord Injury Attorney San Jose, CA
A spinal cord injury claim seeks compensation when damage to the spinal cord results from another party’s negligence. The spinal cord carries the signals between the brain and the body, so an injury to it can cause a loss of movement and sensation below the point of damage, ranging from partial impairment to complete paralysis. These are among the most serious injuries a person can suffer, and their effects are usually permanent.
Because a spinal cord injury reshapes nearly every part of a person’s life and requires care for decades, the value of a claim is far greater than the first round of hospital bills suggests. Our work is to connect the injury to the accident and to establish the full scope of what it will cost over a lifetime.
Types of Spinal Cord Injury Cases We Handle in San Jose
Spinal cord injuries result from many kinds of high-force accidents, and the cause determines who can be held responsible. We handle spinal cord injury claims throughout San Jose, CA, where the injury followed a preventable crash, fall, or other event. The categories below reflect the cases we handle most often.
- Car accidents. The violent force of a crash is the leading cause of spinal cord injury, and a high-speed car accident can fracture or compress the vertebrae and damage the cord they protect.
- Falls from height. A fall from a ladder, a roof, or down a flight of stairs can drive enough force into the spine to cause permanent damage, and falls are an especially common cause among older adults.
- Motorcycle accidents. With little between the rider and the road, motorcycle crashes frequently produce the kind of high-energy trauma that injures the spinal cord.
- Diving and water accidents. A dive into a shallow swimming pool can break the neck on impact, and a diving accident is a recognized cause of cervical spinal cord injury.
- Truck accidents. The sheer mass of a commercial truck makes truck collisions particularly likely to cause severe spinal trauma.
- Complete and incomplete injuries. A complete injury ends all function below the level of damage, while an incomplete injury leaves some sensation or movement, and both can be life-altering.
- Cervical, thoracic, and lumbar injuries. The location of the injury along the spine determines its effect, with higher injuries to the neck carrying the most extensive and serious consequences.
Why Choose Mitchell & Danoff Law Firm, Inc. as my Spinal Cord Injury Attorney in San Jose, CA?
Experience With California Spinal Cord Injury Law
For over thirty years, Jesse Danoff has advocated for injured Californians, including those living with the lasting consequences of paralyzing spinal cord injuries. He holds admission to the bar in California, New York, and New Jersey, and he received his Juris Doctor from the Moritz College of Law at The Ohio State University. The same meticulous approach that defines our personal injury lawyer in San Jose, CA carries through every stage of a spinal cord injury claim, beginning with the initial investigation and continuing through trial. Recognizing the immense, lifelong expense of caring for such injuries, Mr. Danoff collaborates with medical experts and financial professionals to establish the full scope of his clients’ losses.
Proven Results for Injured Clients
Over more than 30 years of plaintiff work, Mitchell & Danoff Law Firm has recovered millions of dollars for injured clients across the South Bay, including people with severe and disabling injuries. We represent the injured person or family, never the at-fault party or the insurer defending the claim. That focus shapes how we investigate the accident, how we project the lifelong cost of the injury, and how we pursue the full value of what our client has lost. If a fair settlement is not offered, we are prepared to try the case.
Understanding Spinal Cord Injury Cases
Damages, Liability, and Compensation for Spinal Cord Injury Cases
Compensation in a spinal cord injury case is meant to cover the full harm the injury caused, measured under California’s measure of damages for the detriment proximately caused. Liability rests on negligence. The party that caused the accident owed a duty of ordinary care, and a breach of that duty that results in a spinal cord injury can support a claim.
A spinal cord injury is among the most severe and costly of all catastrophic injuries, and it often occurs alongside a brain injury or other serious harm. A claim for fair compensation must account for a lifetime of needs, which may include:
- The cost of lifelong medical care, including surgery, hospitalization, and ongoing treatment
- In-home nursing, attendant care, and rehabilitation that may continue for the rest of a person’s life
- A wheelchair, an adapted vehicle, and modifications to a home to accommodate limited mobility
- Lost income and the loss of future earning capacity, which is often total after a severe injury
- Pain, suffering, and the profound change to independence and quality of life
- The value of the care a family provides and the assistive technology the injury requires
California also applies a comparative fault rule, so a recovery is reduced by any share of blame assigned to the injured person rather than barred entirely.
What are Important Aspects of a Spinal Cord Injury Case?
A spinal cord injury claim turns on establishing both the cause and the lifelong cost of the injury:
- Imaging and neurological records that document the level and completeness of the injury
- Medical opinions on the expected course of recovery and the care the injury will require
- A life care plan that sets out the long-term and future costs of treatment and support
- Evidence of the accident itself and proof of the party responsible for it
- A record of lost income and the injury’s effect on the ability to work
Because the future cost of a spinal cord injury can be enormous, valuing the claim often depends on the work of medical and economic professionals who can project those needs with care.
What Is The Spinal Cord Injury Case Timeline?
Every claim is different, but most move through the same stages in order:
- The first step is a free consultation to review the injury and how it happened
- An investigation follows to identify the cause of the accident and everyone responsible
- Treatment continues throughout, while we document the injury and its long-term outlook
- With a life care plan in hand, we prepare a demand and negotiate with the insurer
- Should that offer fall short, we file suit and prepare the case for trial
A spinal cord injury claim is rarely resolved quickly, because the full extent of a permanent injury must be understood before its value can be established.
What Should You Bring to Your Spinal Cord Injury Consultation?
A few items help us understand your claim at the first meeting, though we can begin with whatever you have:
- The medical records, imaging, and diagnoses related to the injury
- The police or incident report describing how the accident occurred
- Information about the at-fault party and any insurance involved
- A record of medical costs, missed work, and other expenses to date
- The names and contact details of any witnesses to the accident
You do not need a complete file to meet with us. During the consultation, we will discuss how the injury happened, answer your questions, and explain the options available to you. The meeting carries no cost.
What Are Important California Legal Resources for Spinal Cord Injury Cases?
Many injured people and their families want to understand the rules that govern their claim before they act. The resources below explain the laws that apply to personal injury and spinal cord injury claims in California.
- Most personal injury lawsuits must be filed within two years of the injury, under Code of Civil Procedure 335.1.
- The Santa Clara County Superior Court hears personal injury cases filed in San Jose.
- California’s negligence and damages rules are set out in the California Civil Code, which is available to read online.
The causes of these injuries are well documented. The National Institute of Neurological Disorders and Stroke reports that motor vehicle accidents and serious falls are the most common causes of spinal cord injury in the United States.
Reach Out to Mitchell & Danoff Law Firm to Schedule a Consultation
If a spinal cord injury has changed your family’s future and the accident that caused it was someone else’s fault, you should not have to face the insurance company alone. Our San Jose spinal cord injury attorney can review what happened and explain your options at no cost. Mitchell & Danoff Law Firm offers free consultations and responds promptly to every inquiry. Contact us to arrange a time to learn your legal rights.
Client Review
"Mitchell & Danoff provided excellent legal service. Overall, I'm very pleased and impressed with their entire team particularly Patricia and Jesse. They are super nice, courteous, patient and always ready to answer and address all of my questions. Their expertise and professionalism are superior as well. THANK YOU for a job well done!"
Katherine Poh
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Read DisclaimerFrequently Asked Questions
- Should I hire a lawyer for my personal injury case?
There are several reasons for hiring a lawyer to represent you in your personal injury claim, rather than representing yourself. 1.) It allows you to focus on your own recovery, rather than the complicated details of your case. 2.) By hiring a skilled personal injury attorney to research your case and represent you in court, your chances of success improve drastically.
- How long will my personal injury case take to resolve?
This number can vary from one case to another, depending on the details of your situation. A lawsuit can take anywhere from several months to several years to settle.
- What is the average settlement amount for a personal injury claim?
The average compensation amount for a personal injury case is anywhere from $3,000 to $75,000, depending on what type of damages you are pursuing.
- Does California put damage caps on claims for personal injury cases?
No, only Medical Malpractices cases have a cap. California Civil Code section 3333.2 sets a cap on the amount of non-economic damages (pain and suffering) that can be recovered in a medical malpractice case. The maximum amount that may be recovered is $250,000. All other Personal Injury cases are not subject to any cap.