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Spinal Cord Injury Lawyers
A spinal cord injury can change nearly every part of a person’s life. Depending on the severity of the injury, someone may experience changes in movement, sensation, independence, employment, and the ability to perform everyday activities.
Spinal cord injuries can result from car and truck accidents, falls, recreational activities, boating incidents, unsafe property conditions, and other serious accidents. When another person, business, or organization may be responsible, the injured person may have the right to pursue compensation under Hawaii law.
Because these injuries can create long-term medical, financial, and personal needs, spinal cord injury claims often require careful consideration of both the immediate consequences and the person’s future. Lowenthal & Lowenthal represents injured people throughout Hawaii and can help families understand the evidence, deadlines, damages, and legal options involved in a serious spinal cord injury claim.
What You'll Learn on This Page
Types of Spinal Cord Injury Claims
Spinal cord injury claims can arise from many different types of accidents. The legal issues often depend on how the injury happened, who may be responsible, and what evidence is available to show that negligence contributed to the harm.
Motor Vehicle Accident Claims – Car, truck, motorcycle, bicycle, and pedestrian accidents can cause serious trauma to the neck and spine. These claims may involve another driver, a commercial vehicle company, or another party whose actions contributed to the crash.
Slip and Fall Claims – Falls on unsafe stairs, walkways, flooring, balconies, or other property conditions can result in severe spinal injuries. These claims often focus on whether a property owner or manager failed to address a dangerous condition.
Recreational Activity Claims – Spinal cord injuries may occur during ziplining, horseback riding, boating, snorkeling excursions, helicopter tours, and other recreational activities. These claims may involve unsafe equipment, poor supervision, inadequate maintenance, or other safety failures.
Premises Liability Claims – Dangerous conditions at hotels, resorts, businesses, vacation rentals, and other properties may lead to falls or other incidents that cause spinal cord injuries.
Boating and Water Activity Claims – Catamaran tours, raft boat tours, jet skis, snorkeling excursions, and other ocean activities can involve sudden impacts, falls, collisions, or equipment failures that result in serious spinal trauma.
Defective Product Claims – A spinal cord injury may result when a defective vehicle component, safety device, recreational product, or other piece of equipment fails and contributes to the accident.
Construction and Worksite-Related Claims – Falls from heights, falling objects, unsafe equipment, and third-party negligence can cause severe spinal injuries. Depending on the circumstances, an injured worker may have a separate personal injury claim in addition to workers’ compensation benefits.
Wrongful Death Claims – Some spinal cord injuries are so severe that they ultimately result in death. In those cases, surviving family members may have the right to pursue a wrongful death claim under Hawaii law.
Claims Involving Hawaii Visitors – Visitors may suffer spinal cord injuries in rental car crashes, resort accidents, boating incidents, recreational activities, or other accidents while traveling in Hawaii.
Returning home does not necessarily prevent an injured visitor from pursuing a claim in Hawaii. A Hawaii personal injury lawyer can help coordinate the local investigation and claims process while the injured person continues treatment in their home state.
Every spinal cord injury claim is different. Identifying the type of claim and the parties who may be responsible is an important first step in determining what legal options may be available.
Statute of Limitations for Filing a Spinal Cord Injury Claim
In most Hawaii personal injury cases, a spinal cord injury lawsuit must be filed within two years after the cause of action accrues. Hawaii Revised Statutes § 657-7 establishes this two-year limitation period for claims involving injury to a person.
The date a claim accrues is not always limited to the date of the accident. Hawaii courts apply a discovery rule in many personal injury cases, meaning the limitations period generally begins when the injured person knew or reasonably should have known of the injury, the wrongful conduct, and the connection between them.
This can be important in spinal cord injury cases when the full extent of nerve damage, neurological symptoms, or long-term limitations is not immediately understood. However, delayed recognition of the seriousness of an injury does not automatically extend the filing deadline.
When Can the Filing Deadline Be Extended?
Injured Minors – Hawaii law generally tolls certain statutes of limitations when the injured person was under the age of 18 at the time the claim accrued. In many personal injury cases, the applicable limitations period does not begin running until the disability of minority ends.
Mental Incapacity – Hawaii law also provides tolling in certain situations when the injured person was legally incapacitated at the time the claim accrued. A severe spinal cord injury may sometimes be accompanied by other injuries that affect a person’s ability to manage their affairs, but whether the legal standard is satisfied depends on the circumstances.
Delayed Discovery – If the injured person could not reasonably have discovered the injury, negligent act, or connection between the two earlier, Hawaii’s discovery rule may affect when the statute of limitations begins to run.
Fraudulent Concealment – If a responsible party fraudulently conceals the existence of the claim or the identity of someone who may be liable, Hawaii law may provide additional time to bring an action after the concealed information is discovered or reasonably should have been discovered.
Claims Involving Government Entities May Have Different Rules
Claims Against the State of Hawaii – Tort claims against the State are governed by separate provisions of Hawaii law and are generally subject to a two-year filing period. Importantly, some tolling rules that apply to ordinary personal injury claims, including minority tolling, may not apply in the same way to claims against the State.
Claims Against a Hawaii County – A spinal cord injury involving Maui County or another county may also involve separate notice requirements. Hawaii law generally requires written notice of certain claims against a county within two years after the injury accrues.
Medical Malpractice Claims – If a spinal cord injury was caused or worsened by medical negligence, a different statute applies. Hawaii medical malpractice claims generally have a two-year discovery period and, in many cases, a six-year outer limit from the negligent act or omission, subject to specific statutory exceptions.
Because the filing deadline can depend on how the injury happened, when the claim accrued, who may be responsible, and whether an exception applies, injured people should not assume they have a full two years in every situation.
Speaking with a Hawaii spinal cord injury lawyer early can help determine which deadlines apply and provide more time to preserve evidence, investigate the accident, and protect the injured person’s legal options.
Evidence Needed to Support a Spinal Cord Injury Claim
A spinal cord injury claim often depends on evidence showing how the injury happened, who may be responsible, and how the injury has affected the person’s health, independence, employment, and future needs. Because these injuries can have long-term consequences, documentation may continue to develop throughout treatment and rehabilitation.
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Medical Records – Emergency room records, hospital records, surgical reports, specialist evaluations, rehabilitation notes, and follow-up treatment can help document the nature and severity of the spinal cord injury.
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Diagnostic Imaging and Testing – MRIs, CT scans, X-rays, nerve studies, and other testing may provide evidence of fractures, spinal cord compression, disc injuries, nerve damage, and other trauma.
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Statements From Medical Providers – Neurosurgeons, orthopedic specialists, neurologists, rehabilitation physicians, physical therapists, and other providers can help explain the diagnosis, treatment needs, physical limitations, and long-term prognosis.
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Accident Reports and Scene Evidence – Police reports, incident reports, photographs, video, vehicle damage, property conditions, equipment records, and maintenance information may help establish how the accident occurred.
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Witness Statements – People who saw the accident may provide important information about what happened. Family members, friends, and coworkers may also help describe changes in mobility, independence, pain, and daily activities after the injury.
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Employment and Income Records – Pay records, tax documents, job descriptions, attendance records, and employer statements may help show lost income and changes in the injured person’s ability to work.
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Rehabilitation Records – Physical therapy, occupational therapy, pain management, and other rehabilitation records can help document the recovery process and any continuing physical limitations.
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Documentation of Daily Limitations – Records showing difficulty with walking, driving, personal care, household tasks, recreation, sleep, or other everyday activities can help demonstrate the broader impact of the injury.
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Evidence of Future Care Needs – Serious spinal cord injuries may require future treatment, assistive devices, home modifications, accessible transportation, rehabilitation, or help with daily activities. These expected needs may be important when determining long-term damages.
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Expert Opinions – Medical specialists, vocational experts, economists, engineers, and life-care planners may be used in more serious cases to explain accident causation, future treatment, reduced earning capacity, and long-term care costs.
The effects of a spinal cord injury may become clearer over time. Preserving medical records, accident evidence, employment information, and documentation of ongoing limitations can help establish the full impact of the injury and the person’s future needs.
Calculating Damages After a Spinal Cord Injury Claim
The value of a spinal cord injury claim depends on the severity of the injury, the treatment required, the effect on the person’s ability to work, and how the injury changes daily life. Because spinal cord injuries can create long-term needs, calculating damages often requires looking well beyond the expenses that have already occurred.
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Past Medical Expenses – A claim may include emergency care, hospitalization, surgery, diagnostic testing, physician visits, medication, rehabilitation, physical therapy, and other treatment related to the injury.
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Future Medical Care – Serious spinal cord injuries may require ongoing specialist care, additional procedures, rehabilitation, medication, pain management, assistive devices, or long-term medical support.
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Lost Income – If the injury prevents a person from working during recovery, damages may include wages or other income lost because of the injury.
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Reduced Earning Capacity – Permanent physical limitations may affect a person’s ability to return to the same occupation, work the same number of hours, or earn the same income in the future.
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Pain and Suffering – Compensation may account for physical pain, discomfort, nerve pain, muscle spasms, and other symptoms caused by the spinal cord injury.
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Loss of Enjoyment of Life – A spinal cord injury may limit a person’s ability to participate in recreation, travel, family activities, hobbies, or other parts of life they previously enjoyed.
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Permanent Disability – More severe injuries may result in lasting limitations involving movement, sensation, balance, mobility, or independence. These long-term effects can be an important part of evaluating the claim.
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Home and Vehicle Modifications – Some people may need wheelchair-accessible entrances, bathroom modifications, mobility equipment, adapted vehicles, or other changes that allow them to live more independently.
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Future Care and Assistance – Depending on the severity of the injury, a person may need help with transportation, household tasks, personal care, supervision, or other daily activities.
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Rehabilitation and Long-Term Support – Ongoing physical therapy, occupational therapy, counseling, vocational rehabilitation, and other services may be necessary to help the injured person adjust to long-term changes.
There is no single formula for determining what a spinal cord injury claim is worth. The full value of the claim should reflect both the financial losses and the long-term effect the injury has on the person’s health, independence, employment, and quality of life.
In serious cases, attorneys may work with medical specialists, vocational experts, economists, and life-care planners to better understand future treatment needs, reduced earning capacity, accessibility needs, and the cost of long-term care.
Why Hire a Spinal Cord Injury Attorney?
Spinal cord injury claims can be complex because the effects may last for years or become permanent. An experienced attorney can help document the full impact of the injury, identify responsible parties, and make sure future medical and financial needs are considered before a claim is resolved.
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Investigating How the Injury Happened – An attorney can gather accident reports, photographs, video, witness statements, maintenance records, and other evidence to help determine what caused the injury and who may be responsible.
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Documenting the Severity of the Injury – Medical records, diagnostic imaging, specialist evaluations, rehabilitation records, and other evidence can help show the nature of the spinal cord injury and how it affects daily life.
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Evaluating Future Medical and Care Needs – Serious spinal cord injuries may require additional treatment, rehabilitation, assistive devices, home modifications, or long-term support. An attorney can help make sure these future needs are considered.
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Calculating the Full Value of the Claim – A spinal cord injury claim may involve medical expenses, lost income, reduced earning capacity, pain and suffering, permanent disability, accessibility costs, and other long-term losses.
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Working With Medical and Financial Experts – Depending on the severity of the injury, attorneys may work with physicians, rehabilitation specialists, vocational experts, economists, engineers, or life-care planners to better understand the person’s future needs.
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Identifying All Potentially Responsible Parties – Some cases involve more than one person, company, property owner, product manufacturer, or insurance policy. Identifying each potential source of responsibility can be especially important in high-value injury claims.
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Handling Insurance Communications – Insurance companies may request statements, medical records, authorizations, or other information during the claims process. An attorney can communicate on your behalf and help protect your interests before important decisions are made.
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Monitoring Hawaii Filing Deadlines – An attorney can determine which statute of limitations, notice requirements, and other deadlines apply, including cases involving government entities, minors, or other exceptions.
For someone adjusting to a serious spinal cord injury, managing a legal claim at the same time can be overwhelming. Working with a Hawaii spinal cord injury attorney allows you and your family to focus on treatment and recovery while your attorney handles the investigation, insurance process, and legal issues surrounding the claim.
How Lowenthal & Lowenthal Can Help
A spinal cord injury can create long-term medical, financial, and personal challenges for both the injured person and their family. Lowenthal & Lowenthal can help you understand your legal options and manage the claims process while you focus on treatment, rehabilitation, and adapting to the changes caused by the injury.
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Investigate the Cause of the Injury – We can gather accident reports, photographs, video, witness statements, maintenance records, and other evidence to determine how the injury happened and who may be responsible.
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Document the Full Extent of the Injury – Our attorneys can review medical records, diagnostic imaging, specialist evaluations, surgical records, rehabilitation notes, and other evidence showing the severity and long-term effects of the spinal cord injury.
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Identify All Responsible Parties – We can evaluate whether a driver, business, property owner, tour operator, product manufacturer, government entity, or another party may share responsibility for the injury.
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Evaluate Future Medical and Care Needs – We can consider future treatment, rehabilitation, assistive devices, home or vehicle modifications, personal care, and other support that may be necessary over time.
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Work With Appropriate Experts – In serious cases, we may work with medical specialists, vocational experts, economists, engineers, or life-care planners to better understand the injury’s long-term medical and financial impact.
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Calculate the Full Value of the Claim – We can evaluate medical expenses, lost income, reduced earning capacity, pain and suffering, permanent disability, future care costs, and other losses related to the injury.
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Handle Insurance Communications – We can communicate with insurance companies on your behalf, respond to requests for information, and help protect your interests throughout the claims process.
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Guide You Through the Hawaii Legal Process – Whether you live in Hawaii or were injured while visiting the islands, we can explain what to expect, monitor important filing deadlines, and help you make informed decisions as the claim moves forward.
If you or someone you love has suffered a serious spinal cord injury because of another person’s negligence, contact Lowenthal & Lowenthal to discuss what happened and learn more about your legal options under Hawaii law.
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