A spinal cord injury can change every part of daily life. Many individuals who suffer this type of trauma must adjust to new physical limitations, prolonged medical care, and sudden financial pressure. These injuries often require not only emergency treatment but also long-term rehabilitation, assistive devices, and modifications to the home or vehicle. In Texas, the law allows injured individuals to seek compensation for these and other losses.
This guide, written by Lorenz & Lorenz, PLLC, explains what compensation you can seek for a spinal cord injury in Texas. It outlines how damages are calculated, what factors influence the outcome of a claim, and how Texas law approaches these high-stakes cases. The goal is to help individuals unsure about their legal rights or what steps to take after such an injury.
The Legal Basis for Compensation in Texas Spinal Injury Claims
In Texas, a person may seek compensation for a spinal cord injury if it can be shown that someone else’s carelessness or misconduct caused the harm. This is known as negligence. It applies when a person fails to act with reasonable care, and that failure leads to injury. Negligence may involve a distracted driver, an unsafe property condition, or a poorly designed or tested product.
In some cases, the injured person may not know precisely what went wrong—only that the injury could not have occurred unless something went wrong. Texas law allows this situation under a legal concept known as res ipsa loquitur, which means “the thing speaks for itself.”
This applies when an injury happens in a way that does not usually occur unless someone was careless and when the situation was under the other party’s control. An example might be a surgical instrument left inside a patient or a heavy object falling from a secured area without a clear explanation.
Texas also follows a modified comparative negligence rule. This means a person can still recover compensation even if they were partially responsible for what happened, as long as their share of the blame is not more than 50 percent. For example, if they are assigned 20 percent of the fault, their compensation would be reduced by 20 percent.
Whether through direct evidence, circumstantial inference, or legal presumptions, the goal is to show that the injury resulted from conduct that should have been avoided—and that the consequences were significant enough to justify compensation.
Types of Compensation You Can Pursue
Texas law permits several categories of damages in spinal cord injury claims. These fall into two primary groups: economic and non-economic damages. In limited cases, punitive damages may also be available.
Actual Damages
Economic damages, known as actual damages in Texas, refer to measurable financial losses resulting from the injury. These include both current and future costs.
Medical expenses are often the most substantial part of a spinal cord injury claim. This includes emergency care, hospitalization, surgery, rehabilitation, in-home nursing, medications, and future medical needs. Many spinal injuries involve lifelong care, and the law allows recovery for anticipated future costs supported by medical evidence.
Lost wages may also be recovered when the injury prevents the person from working. If the injury results in permanent disability or limits future employment, the claim may also include diminished earning capacity.
Other financial losses may include:
- Home or vehicle modifications (such as ramps, lifts, or accessible bathrooms)
- Assistive devices (wheelchairs, braces, mobility aids)
- Transportation to medical appointments
- Paid assistance for daily tasks once handled independently
These damages must be supported by documentation such as invoices, pay stubs, medical records, and expert evaluations of future costs.
Non-Economic Damages
Non-economic damages reflect the personal, intangible losses caused by the injury. These are often more difficult to quantify but are no less significant in the eyes of the law.
In spinal cord injury claims, non-economic damages may include:
- Physical pain and discomfort
- Mental anguish and emotional distress
- Loss of enjoyment of life
- Permanent disability or disfigurement
- Loss of intimacy or companionship (in severe cases)
The amount awarded for these damages depends on the severity of the injury, its effect on daily life, and testimony from the injured person, medical professionals, and others close to the case. Unlike economic losses, non-economic damages are subjective and often contested during negotiations or trials.
Punitive Damages (When Applicable)
Punitive damages are not automatically available in injury cases, even serious ones. The plaintiff must first win actual damages (e.g., medical costs, lost wages) before the court will consider awarding exemplary damages. Furthermore, the court or jury must find that the defendant's conduct was grossly negligent, malicious, or fraudulent, as proven by clear and convincing evidence.
What’s the Average Settlement Amount in Texas Spinal Cord Injury Cases?
No two spinal cord injury cases are the same, and settlement amounts vary widely based on several factors. Severity, liability, insurance coverage, age, and long-term care needs all influence how a claim is valued.
Some claims involving incomplete spinal cord injuries may settle for amounts in the hundreds of thousands. Cases involving complete injuries, permanent paralysis, or catastrophic life changes often result in settlements or verdicts in the millions. When injuries are compounded by medical malpractice or intentional harm, damages may increase further.
Key factors that affect the value of a spinal injury claim in Texas include:
- Whether the injury resulted in full or partial paralysis
- The projected cost of future medical care and therapy
- The injured person’s age, profession, and income history
- Available insurance coverage or assets of the at-fault party
- Disputes over fault or causation
- Whether the injury has affected relationships or family dynamics
Although attorneys can provide a general estimate based on past cases, no legal professional can guarantee a specific settlement figure. Courts and insurers examine each case individually, and outcomes depend heavily on documentation quality and how damages are presented.
Settlement estimates should always be based on thorough medical evaluations, economic projections, and legal analysis. Promises without data or precedent are not reliable indicators of case value.
How Medical Evidence Supports Your Compensation Claim
Medical records serve as the foundation of any spinal cord injury case. They confirm the type, extent, and expected progression of the injury. In Texas, a claim for damages must be supported by objective documentation that connects the injury to the incident and outlines the future impact on the individual's health and daily life.
These records may include:
- Emergency room treatment notes
- Diagnostic imaging reports (such as MRIs and CT scans)
- Surgical summaries
- Physician treatment plans
- Rehabilitation progress notes
- Long-term care assessments
Accurate and comprehensive records help establish the need for future care, including in-home assistance, mobility devices, or repeated medical procedures. In severe cases, a life care planner may be consulted to project medical needs for the remainder of the person's life. These projections often form the basis for settlement negotiations or trial presentations.
Without clear documentation, insurers may dispute the severity of the injury or argue that certain treatments are unrelated. For that reason, consistent and organized medical evidence is a key element in securing full compensation.
Calculating Loss of Future Earning Capacity
A spinal cord injury can significantly reduce a person's ability to earn income. While some individuals return to work in a limited capacity, others can no longer engage in gainful employment. Texas law permits injured individuals to recover damages for lost future earnings when supported by credible evidence.
Calculating this loss involves several factors:
- Age at the time of injury
- Prior occupation, income, and work history
- Level of education or training
- Extent of physical or cognitive limitations
- Projected career trajectory had the injury not occurred
Economists or vocational experts may be consulted to produce estimates based on inflation, life expectancy, and regional labor trends. These calculations help quantify the financial impact of lost earning capacity in real-world terms.
Courts also consider whether the injured individual is likely to require retraining or whether they are permanently unable to work. Even partial impairment can lead to a substantial claim if it limits access to a prior career or reduces advancement opportunities.
This element of compensation often becomes one of the most considerable portions of a spinal injury case. It reflects lost income and the long-term economic consequences of a life-altering medical condition.
Settlement Timelines and Legal Process
While some spinal cord injury claims are resolved through early negotiation, others require extended litigation. Several factors affect how long it takes to reach a settlement or final decision.
A typical claim may proceed through the following six phases:
- Medical treatment and documentation
- Evidence collection and claim preparation
- Settlement negotiation with the insurance company
- Filing a lawsuit if no agreement is reached
- Discovery, depositions, and pretrial motions
- Mediation, trial, or resolution
Insurance companies often wait until the injured person's condition stabilizes before making a formal offer. This delay allows them to assess the likely long-term costs. However, it can also result in months of waiting when expenses are increasing.
If a claim proceeds to litigation, the timeline may extend to one or more years, depending on court schedules, legal motions, and the number of parties involved. Despite the delay, litigation may recover more if liability or damages are disputed.
Texas law sets a two-year time limit from the date of the injury to file a personal injury lawsuit. Missing this deadline may prevent recovery, regardless of the injury’s severity or long-term consequences.
Challenges You May Encounter During the Spinal Injury Claim
Pursuing compensation for a spinal cord injury involves several potential obstacles. These challenges can delay resolution or reduce the amount recovered unless addressed directly.
Common barriers include:
- Disputes over how the injury occurred
- Arguments about the need for long-term treatment
- Insurer attempts to downplay non-economic damages
- Gaps in medical documentation
- Delays in securing vocational or life care evaluations
Insurance companies often retain their own physicians or consultants to review the injured party’s records. These reviewers may claim that treatment is unnecessary or that the condition predated the incident. Without a clear and well-supported claim file, negotiations may stall.
In addition, some insurers attempt to settle quickly before long-term costs become apparent. Early offers often undervalue future care, rehabilitation, and non-economic damages.
A Texas spinal cord injury attorney can help address these challenges by ensuring timely medical evaluations, securing appropriate documentation, and preparing a claim presentation that reflects the full impact of the injury.
Why Legal Representation Makes a Difference in Spinal Injury Claims
A spinal cord injury claim is not the same as a standard car accident or slip-and-fall case. The financial stakes are high, the medical evidence is complex, and the long-term effects must be projected far into the future. For these reasons, legal representation can make a significant difference in the outcome.
An attorney can:
- Collect and organize the evidence needed to support the claim
- Retain economic and medical professionals to quantify losses
- Handle communications with insurers to avoid misstatements
- Develop a settlement strategy based on accurate valuation
- File a lawsuit and proceed to trial when needed
This support allows injured individuals and their families to focus on recovery without being burdened by procedural delays or lowball offers. Legal representation often increases the final compensation amount by presenting a well-documented and legally sound demand.
Attorneys also ensure that deadlines are met, paperwork is filed correctly, and opportunities for recovery are not missed. Whether through direct negotiation or courtroom advocacy, they protect the injured person’s future.
Contact a Texas Spinal Cord Lawyer Today
A spinal cord injury brings sudden medical, emotional, and financial challenges. The compensation available under Texas law can help provide the resources needed for treatment, recovery, and long-term support. Each compensation element plays a role in restoring stability from medical expenses and lost income to pain and emotional impact.
The outcome of a claim depends not just on the severity of the injury but also on how well the damages are documented and presented. Timely action, organized records, and legal support often determine the difference between a modest settlement and a result that meets the full needs of the injured person.
If you or a loved one suffered a spinal cord injury and want to know what compensation may be available, contact an experienced spinal cord injury lawyer at Lorenz & Lorenz, PLLC for a free consultation by calling (512) 477-7333. We will review your situation, explain your legal options, and help you move forward with clarity and purpose.