Michigan Spine Injury Lawyers

Why Hire LegalGenius as Your Michigan Spine Injury Lawyer?

Spine injury cases can be extremely difficult. Not only do you need a lot of medical and vocational evidence, but insurance providers are quick to blame your injuries and symptoms on other causes. LegalGenius has represented Michigan accident victims since 1999, and brings the following advantages to the table.

• Decades Representing Injury Victims: LegalGenius has represented Michigan accident victims for over 25 years. During that time, our Michigan spine injury lawyers have handled disputes with insurers and brought hundreds of serious cases to a successful conclusion.
• Millions Recovered for Clients: Our personal injury practice has recovered millions of dollars for clients. While no prior result determines what will happen in your case, this record demonstrates our history of obtaining compensation through personal injury representation. We document medical expenses, lost wages, reduced earning ability, future treatment needs, and other recoverable losses.
• Thorough Case Preparation: Spinal conditions can generate disputes about when an injury occurred, what caused it, and how it limits you. We collect evidence that can establish what happened, your diagnosis and treatment, income loss, and changes in your ability to carry out daily activities. 
• Attorneys Prepared to Go to Trial: All of our attorneys are trial lawyers. Although many personal injury cases settle without a lawsuit, we will pursue litigation when a lawsuit is necessary to seek a reasonable recovery. That means your Michigan spine injury lawyer can pursue the case in court when settlement negotiations don’t produce an acceptable result.
• Contingency Fee Representation: LegalGenius handles personal injury cases on a contingency fee basis, so you don’t pay upfront attorney fees or hourly charges. The attorney receives a percentage of the settlement or verdict obtained on your behalf. We also provide a free consultation and explain our fee arrangement before you decide to retain us.

What Is a Spine Injury?

The spine, which extends from the base of the skull to the tailbone, consists of vertebrae separated by discs, along with ligaments, muscles, and nerves. It has five regions: 

• Cervical
• Thoracic
• Lumbar
• Sacral
• Coccygeal

The vertebrae support and form a protective canal around the spinal cord, while discs cushion adjacent bones and permit movement. Spinal nerves branch from the cord and carry signals between the brain and areas throughout the body.

Trauma can affect these components in different ways. For example:

• A damaged disc may press against a nerve root, while a fracture can affect the stability of the vertebral column. 
• An injury involving the spinal cord presents a separate concern because the cord carries signals responsible for movement, sensation, and bodily functions. Damage can interrupt those signals below the injured area, with the effects determined in part by the location and severity of the trauma.

These anatomical differences have direct relevance to a personal injury case. Medical records may need to establish which part of your spine was affected, the diagnosis you received, and the limitations linked to that condition. MRI scans can identify problems such as herniated discs, ligament injuries, and spinal cord trauma, while CT scans can reveal fractures and other bone damage. 

Common Types of Spine Injuries

Spine trauma can affect bones, discs, ligaments, muscles, nerve roots, or the spinal cord. Common diagnoses following traumatic events include the following.

• Herniated Discs: A herniated disc develops when part of the material inside an intervertebral disc pushes through a weakened area. The displaced material can irritate or compress a nerve, leading to back or neck pain, numbness, weakness, or pain that travels into an arm or leg. Herniations occur most frequently in the lumbar region and can also develop in the cervical region.
• Vertebral Fractures: A collision, fall, or direct blow can fracture one or multiple vertebrae. Back injuries recognized by MedlinePlus include fractured vertebrae, along with disc herniations, sprains, and strains. Fractures can cause pain and restricted movement, while trauma affecting the spinal cord can produce neurological impairment.
• Nerve Root Injuries and Radiculopathy: Radiculopathy occurs when a spinal nerve root is irritated or compressed. A herniated disc can cause this condition when displaced material presses against a nerve as it exits the spinal column. In the lower back, nerve involvement can produce pain, numbness, tingling, or weakness extending into the buttock or leg.
• Sprains and Strains: Sprains and strains affect the tissues that support the back and can result from sudden force during an accident. These injuries can cause pain and limit movement without a fractured vertebra or herniated disc. Treatment can include medication and physical therapy, depending on the diagnosis and symptoms.
• Spinal Cord Injuries: Spinal cord trauma can disrupt communication between the brain and the body, producing changes in movement, sensation, strength, bladder or bowel control, breathing, sexual function, or the ability to walk. The effects depend on the location and extent of the damage: an upper spinal cord injury can cause tetraplegia, also called quadriplegia, which affects all four limbs. Damage lower on the cord can cause paraplegia, affecting the lower body and legs. 

Common Causes of Spine and Spinal Cord Injuries

Motor vehicle collisions and falls are the leading causes of spinal cord injuries in the United States. Workplace incidents and sports activities can also cause this type of trauma. For a personal injury case, how the accident occurred can determine who may be held liable and the type of compensation you can pursue.

• Motor Vehicle Accidents: Collisions involving motor vehicles, bicycles, and pedestrians can subject the neck and back to forces capable of causing spinal trauma. Liability may rest with a negligent driver or another party whose conduct contributed to the crash. It is important to note that  Michigan’s no-fault law also affects the legal options available after an auto accident.
• Falls: Falls from ladders, roofs, scaffolds, stairs, and other heights can cause spinal trauma. They can also cause neck or back injuries, depending on the force and manner of impact. When a fall results from a property hazard, establishing liability includes showing the condition that caused the fall, the responsibilities of the defendant, and the connection between the incident and your injuries.
• Workplace Accidents: Falls, machinery incidents, vehicle crashes, and falling objects can cause spine injuries on construction sites, in factories, in warehouses, and at other workplaces. Industrial and workplace accidents are recognized causes of spinal cord trauma. Michigan workers injured on the job may have rights under the state’s workers’ compensation system. Michigan law also permits an injured employee to pursue damages against a third party when the conditions for third-party liability are met.
• Sports and Recreational Accidents: Athletic and recreational activities can result in spinal cord trauma, particularly when they involve collisions, falls, or high-impact contact. Liability depends on the cause of the incident and the law governing the defendant’s conduct. 
• Defective Products: A defective vehicle component, piece of machinery, ladder, safety device, or recreational product can contribute to an accident that harms the spine. These cases differ from claims based solely on another person’s conduct because liability may involve the company responsible for the product.

Symptoms That Can Follow a Spine Injury

• Neck or Back Pain: Pain may remain near the injured portion of the neck or back or radiate into an arm or leg. You may have difficulty bending, lifting, sitting, standing, or turning your head. These restrictions can interfere with job duties and activities such as driving, dressing, climbing stairs, or carrying objects.
• Numbness, Tingling, and Weakness: Nerve involvement can cause tingling, numbness, weakness, or changes in sensation in the hands, feet, arms, or legs. Walking and balance can also be affected when trauma involves the spinal cord. Weakness in an arm or leg can limit your ability to grip, lift, climb stairs, stand, or walk without assistance.
• Changes in Movement and Sensation: Spinal cord damage can cause loss of muscle control or sensation below the injured location. A person may lose the ability to distinguish touch, temperature, or pain in parts of the body. The amount of function retained depends on the location and extent of the cord damage.
• Bladder, Bowel, and Sexual Changes: Damage to the cord can interfere with the signals involved in bladder and bowel control. Sexual function can also change after this type of trauma. These problems may require medication, catheter use, changes in bowel management, or treatment for sexual dysfunction.
• Breathing Difficulties: Injuries involving the cervical spinal cord can interfere with breathing because nerves in this region control the diaphragm and other muscles used for respiration. Damage at higher cervical levels can result in the need for breathing support.

 If you or someone with you has these symptoms after an accident, seek emergency medical help and avoid unnecessary movement of the head, neck, or back while waiting for assistance.

Who Can Be Held Liable for a Spine Injury in Michigan?

• Negligent Drivers: Michigan’s no-fault law governs which damages an injured person can seek from an at-fault party after a motor vehicle collision. Because those rules affect vehicle-related spine injury cases differently from other negligence actions, we discuss them later on this page.
• Land Possessors: A fall caused by a property condition may support a premises liability claim against the land possessor. Michigan law continues to recognize three categories of visitor: invitees, licensees, and trespassers. The duty owed depends on the injured person’s status. For an invitee, a land possessor has a duty to exercise reasonable care to protect against an unreasonable risk of harm caused by a dangerous condition on the land.
• Third Parties in Workplace Accidents: Workers’ compensation benefits don’t always prevent an injured employee from pursuing damages from another defendant. Under MCL 418.827, an employee may pursue a third-party action when an injury for which workers’ compensation is payable creates legal liability for someone other than the employer.
• Manufacturers and Product Sellers: When defective equipment or another product causes spinal trauma, the manufacturer may face a product liability action. Under MCL 600.2947, a nonmanufacturer seller can face liability if it failed to exercise reasonable care and that failure was a proximate cause of the harm, or if it made an express warranty that the product failed to meet and the failure caused the harm.

Some spine injury cases involve several defendants. A commercial vehicle collision could involve a driver and a company, while a workplace incident could involve a contractor and an equipment manufacturer. Each defendant’s conduct must be examined separately to determine who contributed to the accident.

What If You Were Partly at Fault for the Accident?

Being partly responsible for an accident doesn’t necessarily prevent you from recovering compensation in Michigan. Under the state’s modified comparative negligence rules, your recovery is reduced in proportion to your share of fault. If you’re found 20% at fault, for example, a damages award could be reduced by that percentage.

There is an important limit. If you’re found more than 50% at fault for your own injury, you cannot recover noneconomic damages such as pain and suffering. You may still be able to recover economic damages, like medical expenses and lost wages, reduced by your percentage of fault.

Insurers sometimes raise comparative fault to lower what they pay. LegalGenius can gather evidence about how the accident actually occurred and push back when an insurer overstates your role in causing it.

What Compensation Can You Pursue After a Spine Injury?

• Medical Expenses and Rehabilitation: Hospital care, physician services, surgery, medication, physical therapy, and rehabilitation can generate substantial expenses after spinal trauma. A claim may seek qualifying medical costs caused by the defendant’s conduct, including expenses expected after the case concludes.
• Lost Income and Reduced Earning Capacity: Time away from employment can result in lost income. Pay records, tax documents, employment history, and records showing missed work can help establish the earnings you would have received during that period. Michigan law also recognizes impairment of earning capacity when an injury reduces a person’s ability to earn money. 
• Pain, Suffering, and Loss of Function: Michigan tort damages can include compensation for pain and suffering resulting from bodily injury. They can also account for impairment and other consequences that don’t have a direct market price.
• Expenses Related to Disability: A person with paralysis or reduced mobility may need a wheelchair, braces, attendant services, rehabilitation, or changes to a home. These costs can extend for years after an accident. Medical recommendations, invoices, equipment records, and testimony concerning anticipated needs can support a request for qualifying expenses.

Different Rules Apply to Michigan Auto Accident Claims

Two sets of rules apply when a spine injury is caused by a motor vehicle collision. First, personal protection insurance (PIP) benefits can pay qualifying expenses for an injured person’s care, recovery, or rehabilitation, regardless of who caused the crash. PIP also provides work-loss benefits for income the injured person would have earned during the first three years after the accident, subject to statutory limits and other provisions.

Second, recovering pain and suffering and other noneconomic damages from the at-fault driver requires meeting an additional standard. Under MCL 500.3135, your injury must amount to a “serious impairment of body function,” an impairment that is objectively manifested (observable or perceivable from actual symptoms or conditions by someone other than you), that involves an important body function, and that affects your general ability to lead your normal life.

Spine injuries are often the kind of injury this threshold was written for. Diagnostic evidence such as MRI or CT findings, nerve conduction studies, or documented neurological deficits can help establish that an impairment is objectively manifested rather than based on reported pain alone. Whether a specific injury clears the threshold depends on the medical evidence and how the injury has affected your work and daily life. LegalGenius can review your records and explain how this standard applies to your situation.

How Preexisting Back or Neck Problems Can Affect Your Claim

A back or neck condition that existed before an accident doesn’t automatically prevent you from recovering compensation. In Wilkinson v. Lee, the Michigan Supreme Court held that recovery is permitted when accident trauma triggers symptoms from a preexisting condition. The Court also applied the rule that a negligent defendant takes an injured person as found, including a physical susceptibility that increases the risk of injury.

The key issue is causation. You must connect the accident to the aggravation, new symptoms, or impairment for which you’re seeking damages. Michigan courts have recognized that aggravating or triggering a preexisting condition can constitute a compensable injury, but the evidence still must establish the connection between the accident and the claimed harm.

Your medical history can help establish what changed:

• Records from before the accident may document your prior symptoms, treatment, work restrictions, and level of activity. 
• Post-accident records can then show new complaints, increased symptoms, additional treatment, new restrictions, or changes in your ability to work and perform everyday activities.
• Physician testimony can also address how the trauma affected a condition that was already present.

LegalGenius can use this comparison when an insurer attributes your symptoms to arthritis, disc degeneration, a previous herniation, or another preexisting problem. The existence of an earlier diagnosis doesn’t resolve the causation question. The evidence must establish which symptoms or limitations resulted from the accident, including any aggravation of a condition you had beforehand.

Speak With a Michigan Spine Injury Lawyer at LegalGenius

If you’re dealing with a herniated disc, fractured vertebra, nerve damage, spinal cord injury, or paralysis after an accident caused by someone else, contact LegalGenius for a free consultation. Tell us what happened and how the injury has affected you. We’ll review your case and explain what we can do to pursue compensation on your behalf. For more information, call 866-484-3013 or fill out our Ask the Genius™ form, and an attorney will contact you within five minutes.

Frequently Asked Questions About Michigan Spine Injury Claims

How Long Do I Have to File a Spine Injury Claim?

Michigan generally gives you three years to file a lawsuit seeking damages for personal injury.  But the three-year period doesn’t apply to every type of case. Michigan law establishes different deadlines for certain actions, and other statutes can affect when a lawsuit must be filed. Waiting until the deadline approaches can also make evidence harder to obtain. If you suffered spinal trauma because of another party’s conduct, LegalGenius can determine the filing period that applies to your case.

How Long Does a Spine Injury Claim Take?

There’s no standard duration for a Michigan spine injury claim. Some cases settle through negotiations, while others have to be litigated. Timing can depend on the course of your treatment, the defendant’s position on liability, the number of parties involved, and how far the case proceeds through the court system.

Other considerations include:

• Prognosis: Your medical prognosis can affect when damages can be evaluated. Doctors may need time to determine the results of treatment and identify restrictions that are expected to continue. This information can affect calculations involving medical care, lost earning capacity, and other future losses. Settling before those consequences can be evaluated may result in compensation that doesn’t account for losses that emerge later.
• Liability Disputes: Liability disputes can extend the case as well. When a defendant contests responsibility or disputes the connection between the accident and your diagnosis, both sides may need further records, testimony, or professional opinions before negotiations can advance. Cases involving several defendants can take longer because the conduct and responsibility of each party must be addressed.

Can I File a Claim if My Spine Injury Symptoms Didn’t Appear Right Away?

Yes. The fact that pain or neurological symptoms appeared after the accident doesn’t prevent you from bringing a personal injury claim. Some spinal cord symptoms can develop as bleeding and swelling affect the cord, while symptoms from disc or nerve injuries may also become apparent after the traumatic event. 

Medical records showing when you first reported pain, numbness, weakness, restricted movement, or other problems can help establish the sequence between the accident and your diagnosis. Tell your medical provider when each symptom began and how it has changed rather than guessing about its cause. If an insurer points to a delay in treatment or reporting, LegalGenius can examine your medical history and other evidence documenting what happened after the accident.