Quadriplegia Injury
Quadriplegia, also called tetraplegia, is paralysis that affects all four limbs. It results from an injury to the upper part of the spinal cord, in the neck. For a family facing a quadriplegia injury after an accident, the medical questions come first, but questions about the cause, the cost of care, and Texas law follow close behind. If you have questions about a claim, The Buzbee Law Firm offers free consultations at 800-992-5393.
What Is Quadriplegia?
According to the National Institute of Neurological Disorders and Stroke, damage between the C1 and C4 segments, the highest part of the neck, can stop breathing, and about a third of people with a spinal cord injury need temporary or permanent help to breathe. A person living with the condition is sometimes called a quadriplegic, and many people describe it as being paralyzed from the neck down, though the effects depend on where the cord is damaged and how completely.
Doctors also describe a spinal cord injury by how much signal gets through. In an incomplete injury, the spinal cord can still send some messages to or from the brain. In a complete injury, there is no nerve communication below the injury site.
What Causes a Quadriplegic Injury?
Motor vehicle accidents and serious falls are the most common causes of spinal cord injury in the United States, according to the same institute, which also lists violence, such as gunshot wounds and assaults, and sports injuries. In injury claims, that trauma can trace back to settings like these:
- Car, motorcycle, and truck crashes on highways and city streets
- Falls from scaffolding, ladders, roofs, or elevated platforms
- Accidents on offshore rigs, vessels, and docks
- Being struck by a falling or swinging load on an industrial site
Who Can Be Held Responsible for a Quadriplegia Injury in Texas?
Where the injury happened often decides which body of law governs the claim and who can be held responsible. On the job, it also matters whether the employer carries workers’ compensation, which most private employers in Texas can choose not to do:
| Where it happened | What governs the claim | What it means |
|---|---|---|
| A car, motorcycle, or truck crash on a highway or city street | Texas negligence law | A claim against the at-fault driver, and against an employer or carrier if the driver was working at the time (see our Houston commercial vehicle accident page) |
| A fall from a ladder, roof, or elevated platform on someone else’s property | Texas premises liability law | A claim against the owner or business in control of the property |
| A scaffolding fall or a falling or swinging load on a job site, when the employer carries workers’ compensation | Section 408.001 of the Texas Labor Code | Workers’ compensation benefits are the only remedy against the employer and its agents or employees, but a contractor or equipment maker whose negligence contributed to the injury can still face a negligence claim |
| The same job-site accident, when the employer does not carry it (a nonsubscriber) | Section 406.033 of the Texas Labor Code | The worker can sue the employer and must prove its negligence, and the employer cannot argue the worker was partly at fault, assumed the risk, or was hurt by a co-worker’s negligence |
| An accident on an offshore rig or vessel, as a seaman | The Jones Act, a federal law | An injured seaman can sue the employer, with the right to a jury trial |
What Damages Can a Quadriplegia Injury Claim Include?
Section 41.001 of the Texas Civil Practice and Remedies Code separates economic damages, which compensate actual financial loss, from noneconomic damages, which compensate harm that carries no price tag. Economic losses in a quadriplegia claim can include:
- Hospital care, surgery, and rehabilitation
- Attendant care and home nursing
- Wheelchairs, breathing equipment, and other assistive devices
- Home and vehicle modifications
- Lost earnings and lost earning capacity, meaning the ability to earn money in the future
Noneconomic losses can include physical pain and mental anguish, physical impairment, disfigurement, loss of enjoyment of life, and loss of consortium, meaning harm to a close family relationship.
Lifetime costs can be projected through a life care plan, a written estimate of the care and equipment the injured person will need for life, built for that person rather than from an average.
Can You Still Recover if You Were Partly to Blame?
Often, yes. Under Section 33.001 of the Texas Civil Practice and Remedies Code, a claimant more than 50% responsible recovers nothing. A share of 50% or less does not bar the claim, but Section 33.012 of the same code cuts the award by that percentage. When the claim is built around a lifetime of care, even a modest percentage can mean a large dollar difference. For example, if losses totaled $5 million, a 10% share of responsibility would reduce the award by $500,000.
How Long Do You Have to File a Quadriplegia Injury Claim in Texas?
Most Texas personal injury lawsuits must be filed within two years after the cause of action accrues, under Section 16.003 of the Texas Civil Practice and Remedies Code. Section 16.001 pauses that clock for someone who is under 18 or of unsound mind when the claim accrues, but a disability that begins after the clock starts does not stop it.
If the same accident also caused a head injury that affected the person’s ability to manage their own affairs, whether the unsound-mind pause applies is a fact-specific question an attorney can review. Maritime claims, such as an injured seaman’s, generally follow a three-year federal deadline instead of the Texas two-year rule.
Talking With a Lawyer About a Quadriplegia Injury
Quadriplegia changes daily life for the injured person and for everyone who helps care for them, and the legal questions can feel like one more weight. The Buzbee Law Firm is a team of experienced trial lawyers who represent injured people across Texas. For a free consultation about a quadriplegia injury, contact us or call 800-992-5393 today.