Spinal cord, neck, and back injuries can be among the most devastating and life-altering outcomes of an accident. Whether caused by a car crash, a workplace incident, or a slip and fall, these injuries often result in long-term physical, emotional, and financial challenges.
For Texans who suffer such injuries due to someone else’s negligence, understanding your legal rights is essential to securing the compensation and support you need to move forward.
At Guerra Law Firm PC in McAllen, Texas, we’ve seen firsthand how these injuries can drastically change lives. Let’s explore the nature and consequences of spinal cord, neck, and back injuries—and explain what steps you can take under Texas law to pursue justice and compensation.
The Anatomy and Severity of Spinal Cord, Neck, and Back Injuries
Spinal Cord Injuries (SCI)
The spinal cord is a critical part of the central nervous system. When it’s damaged, it can lead to partial or complete paralysis. The severity depends on where the injury occurs and whether it’s classified as complete (total loss of function) or incomplete (some function retained).
Common types of spinal cord injuries include:
Paraplegia: Paralysis of the lower limbs
Quadriplegia (Tetraplegia): Paralysis of all four limbs
Incomplete spinal cord injuries: Reduced sensation or motor function
Neck and Back Injuries
Neck and back injuries may not always involve the spinal cord but can still cause chronic pain, mobility issues, and permanent disability. These injuries include:
Herniated or bulging discs
Whiplash
Fractured vertebrae
Chronic spinal instability
Soft tissue damage
Even injuries that seem minor at first can evolve into long-term medical concerns. In Texas, accident victims may not immediately feel the full extent of their injuries, which is why early medical evaluation is essential.
Common Causes of Spinal, Neck, and Back Injuries in Texas
These serious injuries can occur in various types of incidents, often tied to negligence. Common causes include:
Motor Vehicle Accidents
Texas is home to some of the busiest highways in the nation. Rear-end collisions, rollovers, and high-speed crashes are frequent causes of spinal and neck trauma. Whiplash is especially common in rear-end accidents, while more severe collisions can lead to permanent spinal cord damage.
Workplace Accidents
Industries such as oil and gas, construction, and agriculture—prevalent throughout Texas—pose high risks for serious back injuries due to falls, heavy lifting, or being struck by machinery.
Slip and Fall Accidents
Falls are a leading cause of back and spinal injuries, particularly in older adults. Poor lighting, uneven surfaces, or unsafe property conditions can contribute to a serious fall.
Recreational Accidents
Sports injuries, boating accidents, and even horseback riding incidents (common in rural parts of Texas) can lead to spinal trauma.
Acts of Violence
Gunshots, stabbings, or physical assaults may result in severe injury to the neck, back, or spinal cord.
The Lifelong Impact of These Injuries
Spinal cord, neck, and back injuries aren’t just physically painful—they often come with lasting consequences that affect nearly every area of a person’s life.
Physical Limitations
Mobility issues, chronic pain, and nerve damage are common. Many victims need assistive devices like wheelchairs or braces and may never return to their previous level of activity.
Mental and Emotional Strain
Depression, anxiety, and PTSD frequently accompany serious physical trauma. The emotional burden of losing independence or a career can be significant.
Employment and Financial Hardship
Many injured individuals can no longer perform their jobs or need to retrain for a new career. Combined with ongoing medical expenses, this creates enormous financial strain.
Long-Term Medical Care
Texas accident victims may face years of rehabilitation, surgeries, and therapy. In cases of permanent disability, the need for in-home care and adaptive equipment can add up to hundreds of thousands—or even millions—of dollars over a lifetime.
Texas Law: Your Legal Rights After a Spinal, Neck, or Back Injury
Negligence and Liability
To recover compensation in Texas, you must generally prove that your injury resulted from another party’s negligence. This involves demonstrating the following four things:
Duty of care – The at-fault party had a responsibility to act reasonably.
Breach of duty – They failed to meet that responsibility.
Causation – The breach caused your injury.
Damages – You suffered measurable harm (physical, financial, emotional).
Texas Modified Comparative Fault Rule
Texas uses a modified comparative fault system under Civil Practice and Remedies Code §33.001. If you’re found to be 51% or more at fault, you can’t recover damages. If you’re less than 51% at fault, your compensation will be reduced by your percentage of fault.
For example, if you're awarded $100,000 but found to be 20% at fault, you would receive $80,000.
What Compensation Can You Recover?
If you’ve suffered a serious spinal, neck, or back injury, you may be entitled to compensation for:
Economic Damages
Medical expenses (past and future)
Rehabilitation and therapy costs
Lost wages and loss of earning capacity
Home modifications or mobility aids
Non-Economic Damages
Pain and suffering
Emotional distress
Loss of enjoyment of life
Loss of consortium (spouse-related damages)
Calculating the full extent of your damages—especially those that impact your quality of life—can be challenging, which is why having an experienced personal injury attorney on your side is crucial to make sure you’re not leaving money on the table.
Punitive Damages
In rare cases involving gross negligence (such as drunk driving), Texas courts may award punitive damages to punish the at-fault party and deter similar behavior.
Five Steps to Take After a Spinal, Neck, or Back Injury
After your spine, neck, or back is injured, it’s crucial to take the following steps:
1. Seek Immediate Medical Attention
Your health is the top priority. Prompt treatment helps reduce complications and creates documentation that can support your claim.
2. Follow Medical Advice
Stick to your treatment plan and attend all follow-up appointments. Insurance companies will use any gaps in treatment to argue that your injuries aren’t serious.
3. Document Everything
Keep records of medical bills, therapy sessions, and time missed from work. Additionally, use a personal journal to document your pain levels and emotional effects.
4. Avoid Talking to Insurance Companies Alone
You aren’t required to give a recorded statement without a lawyer. Insurers may try to get you to say something that limits their liability.
5. Contact a Personal Injury Attorney
The sooner you contact a lawyer, the better your chances of building a strong case and meeting all deadlines.
Statute of Limitations in Texas
Under Texas law, you typically have two years from the date of the injury to file a personal injury lawsuit (Texas Civil Practice and Remedies Code §16.003). Missing this deadline could bar you from recovering compensation.
There are exceptions—such as when the victim is a minor—but acting quickly is always best to preserve evidence and protect your claim.
What If the Injury Happened at Work?
If you suffered a back, neck, or spinal injury on the job, you may be eligible for workers’ compensation or a third-party personal injury claim, depending on the circumstances.
Texas doesn’t require most private employers to carry workers' comp, so you may need to explore other options for compensation. A personal injury lawyer can help determine the best path forward, especially if a negligent third party (like a subcontractor or equipment manufacturer) contributed to your injury.
Long-Term Planning for Spinal and Back Injury Victims
Given the lifelong implications of these injuries, victims and their families should consider:
Life care planning: Estimating the total cost of long-term needs
Disability benefits: Applying for Social Security Disability Insurance (SSDI)
Home modifications: Ramps, widened doorways, and accessible bathrooms
Mental health support: Counseling and therapy for depression, anxiety, or PTSD
Legal settlements or verdicts can help cover these ongoing needs, but only if you accurately project and prove the future cost of care.
You Don’t Have to Face This Alone
Spinal cord, neck, and back injuries bring significant uncertainty, but your legal rights offer a path to justice, accountability, and financial recovery. Whether your injury occurred on a Texas highway, in a workplace accident, or on someone else's property, you deserve compassionate support and experienced legal representation.
At Guerra Law Firm PC in McAllen, Texas, we’re committed to helping injury victims go through the legal system and reclaim their lives. We understand the gravity of these cases and fight tirelessly to secure the resources our clients need for a lifetime of care.
Contact Us Today
If you or a loved one has suffered a spinal cord, neck, or back injury due to someone else’s negligence, don’t wait. Contact Guerra Law Firm PC for a free consultation. We’re located in McAllen, Texas, and serve clients across Southern Texas. We’re here to listen to your story, explain your options, and advocate for your rights. Give us a call today.
