What the claim involves
Not every spine injury is a spinal cord injury. Both can change a life.
The National Institute of Neurological Disorders and Stroke explains that a spinal cord injury can come from direct damage to the cord or from damage to the tissue and bones around it, and that it can cause temporary or permanent changes in feeling, movement, strength, and body functions below the injury. An incomplete injury leaves some feeling and movement below the injury; a complete injury does not. An injury high on the cord can affect all four limbs (tetraplegia), and a lower one may affect the legs and lower body (paraplegia). Motor vehicle accidents and serious falls are the most common causes in the United States.
Most back and neck injuries do not involve the cord itself. According to the National Library of Medicine’s MedlinePlus, a herniated disc happens when all or part of a disc is forced through a weakened part of the disc, and it may press on nearby nerves or the spinal cord; the lower back is the most common site and the neck the second, and the pain often starts slowly. Whiplash is a soft-tissue injury to the neck, also called a neck sprain or strain. Kyle Scott Law represents people in Orange County with spinal cord injuries and with herniated discs, fractured vertebrae, and whiplash after crashes, falls, and other incidents someone else caused, from its Tustin office. Your first conversation is with attorney Kyle J. Scott, admitted to the State Bar of California in 1991.
Spinal cord injuries
Paralysis or partial loss of function means a lifetime of care, which the claim must measure: the medical care the person is reasonably certain to need, lost earning capacity, and pain, physical impairment, and loss of enjoyment of life (CACI Nos. 3903A, 3903D, 3905A). Damages cover detriment certain to result in the future as well as the harm so far (Civil Code §§ 3333, 3283), and a life-care plan often sets out the long-term care.
Discs, vertebrae, and soft tissue
Herniated discs and fractures may need injections or surgery, and the dispute is often whether the injury or age caused what the MRI shows. Whiplash and other soft-tissue injuries may not show on X-rays, so prompt evaluation, the treating doctors’ findings, and consistent follow-up carry the claim.
Pre-existing conditions
Disc wear is common, and insurers use it to argue that an MRI shows only aging. California juries are instructed that a person cannot recover for a condition they had before the incident, but if the defendant’s conduct made that condition worse, they must award damages for the effect on it (CACI No. 3927). Jurors must also fully compensate a person who was more susceptible to injury than a normally healthy person (CACI No. 3928). That is why records from before the injury matter: they show what changed.
Causes and responsibility
A claim may lie against a negligent driver, a property owner who knew or should have known of a hazard, or a contractor. On public property, agencies are generally immune for diving into water other than from a diving board or platform, or where diving is prohibited and warned against, with exceptions (Government Code § 831.7). In sports, a fellow player is generally liable only for intentionally injuring someone or for conduct entirely outside the range of ordinary activity in the sport (CACI No. 470). Workers’ compensation is generally the only remedy against your own employer (Labor Code § 3602), but a claim against a negligent driver, property owner, or contractor may remain (§ 3852).
Cases the firm reviews
Common spinal cord injury matters.
Information that can matter
A strong claim starts with preserved evidence.
The useful records vary by case. The initial review identifies what exists, what may need to be requested, and what should be preserved before it is lost.
Legal guides
Answers to common spinal cord injury questions.
Common questions
Questions about spinal cord injury claims.
What is the difference between a spinal cord injury and a herniated disc?
A spinal cord injury damages the nerves inside the spinal canal and can cause paralysis or loss of feeling and function below the injury. A herniated disc is an injury to one of the cushions between the vertebrae; it can press on nearby nerve roots and cause pain, numbness, or weakness, and only sometimes affects the cord itself. Both can support an injury claim. The medical proof, the treatment, and the size of the claim usually differ.
The insurer says my back problem was pre-existing. Does that end my claim?
No. California juries are instructed that you cannot recover for a condition you had before the incident, but if the defendant’s conduct made it worse, they must award damages for that worsening (CACI No. 3927). A person who was more vulnerable to injury than a normally healthy person is still fully compensated (CACI No. 3928). Disc wear is common even in people with no pain, so records from before the injury are often key to showing what changed.
Can whiplash support an injury claim?
Yes. Whiplash is a soft-tissue injury to the neck, also called a neck sprain or strain, and it may not show on X-rays. Claims are proven through prompt evaluation, treating doctors’ findings, therapy records, and a consistent account of symptoms and limits. Insurers often question soft-tissue injuries after crashes with light vehicle damage, so steady follow-up care and dated records of how the injury affects work and daily life matter.
My back or neck pain got worse days after the crash or fall. Is that a problem?
Not necessarily. MedlinePlus notes that herniated-disc pain often starts slowly. Get evaluated as soon as symptoms appear, tell the provider exactly how the crash or fall happened and when the pain began, and keep a dated list of symptoms. Insurers often question delays and gaps in treatment, so prompt evaluation and consistent follow-up help both your health and your claim.
What can a spinal cord or back injury claim include?
California law allows compensation for the harm an injury caused, including harm certain to result in the future (Civil Code §§ 3333, 3283). That can include medical care, therapy, injections, and future surgery; lost earnings and lost earning capacity; and pain, physical impairment, and loss of enjoyment of life (CACI Nos. 3903D, 3905A). A spinal cord injury may also require a life-care plan for long-term care. Each item needs evidence, and shared fault reduces a recovery rather than eliminating it (CACI No. 405).
How long do I have to file a back or spinal cord injury claim in California?
Most injury lawsuits must be filed within two years under Code of Civil Procedure § 335.1. If a public agency is involved, such as a city responsible for a dangerous road or sidewalk, or the County of Orange, a written government claim is generally due within six months under Government Code § 911.2. Exceptions exist, including for minors, so confirm the dates for your situation early.
This page provides general information, not legal advice. A consultation is needed to evaluate the facts, deadlines, parties, and law that may apply to a specific matter.
Sources
Official sources.
The figures and rules of law on this page come from these official sources.
- National Institute of Neurological Disorders and Stroke — Spinal Cord Injury
- MedlinePlus (U.S. National Library of Medicine) — Herniated disk
- MedlinePlus (U.S. National Library of Medicine) — Neck Injuries and Disorders
- Judicial Council of California, Civil Jury Instructions (CACI) Nos. 405 (comparative fault), 470 (coparticipants in a sport), 3903A (future medical expenses), 3903D (lost earning capacity), 3905A (noneconomic damages), 3927 (aggravation of a preexisting condition), and 3928 (unusually susceptible plaintiff) (2026 edition)
- California Civil Code § 3333 (measure of damages)
- California Civil Code § 3283 (future damages)
- California Government Code § 831.7 (hazardous recreational activities, including diving)
- California Labor Code § 3602 (workers’ compensation as the remedy against an employer)
- California Labor Code § 3852 (claims against others besides the employer)
- California Code of Civil Procedure § 335.1 (two years for injury lawsuits)
- California Government Code § 911.2 (six months to present a claim)
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