When a spinal cord injury changes your life in an instant, the physical, emotional, and financial consequences can feel overwhelming. A complete or incomplete spinal cord injury often results in permanent paralysis, chronic pain, and the need for lifelong medical care and support. If your injury resulted from someone else’s negligence – whether in a motor vehicle accident, workplace incident, or medical error—you deserve compensation to cover your medical expenses, lost income, and the cost of adapting to your new reality.
At Travis & Brann, PLLP, we represent spinal cord injury victims throughout Kalispell and Flathead County. We understand how these injuries impact you and your family. We work to secure the full compensation you need. Our experienced Kalispell catastrophic injury attorneys work on a contingency fee basis. You pay nothing unless we recover compensation for you. We offer free consultations to discuss your case and explain your legal options. Contact (406) 752-7550 today to speak with a spinal cord injury lawyer in Kalispell. Our attorneys have extensive experience handling catastrophic injury cases.
Why Choose Travis & Brann, PLLP for Your Spinal Cord Injury Claim
Spinal cord injury cases are among the most complex personal injury claims. They require understanding of catastrophic injuries, medical evidence, long-term care planning, and Montana law. When you choose Travis & Brann, PLLP, you gain advocates who bring experience handling these challenging cases.
We approach each spinal cord injury case with the seriousness it deserves. We conduct thorough investigations to establish liability. We work with accident reconstruction experts, medical professionals, and vocational specialists to build strong cases. We understand the lifetime implications of spinal cord injuries. We ensure that damage calculations account for all current and future needs.
Our contingency fee model means we only succeed when you succeed. We invest our resources in your case because we believe in our ability to recover compensation. We handle all aspects of your claim—from initial investigation through settlement negotiations or trial. This allows you to focus on your recovery and rehabilitation.
We recognize that every spinal cord injury case is unique. We develop personalized legal strategies tailored to your specific circumstances, injury severity, age, earning capacity, and family situation. Your goals guide our approach, whether that’s reaching a fair settlement or taking your case to trial. Learn more about how to choose the right personal injury lawyer for your case.
Understanding Spinal Cord Injuries and Your Legal Rights
A spinal cord injury (SCI) occurs when trauma damages the bundle of nerves and nerve fibers that transmit signals between your brain and the rest of your body. The severity of a spinal cord injury depends on the location of the damage and whether the injury is complete or incomplete. According to the National Spinal Cord Injury Statistical Center (NSCISC), approximately 17,000 to 18,000 new spinal cord injuries occur annually in the United States.
Complete spinal cord injuries result in total loss of function below the injury site. Victims experience complete paralysis and loss of sensation in the affected areas. Incomplete spinal cord injuries allow some nerve signals to pass through the damaged area. This means some function and sensation may remain below the injury site.
Spinal cord injuries are also classified by location. Tetraplegia (also called quadriplegia) occurs when the injury affects the cervical spine (neck). This results in paralysis of all four limbs and often affects breathing and other vital functions. Paraplegia occurs when the injury affects the thoracic, lumbar, or sacral spine. This results in paralysis of the lower body and legs.
Spinal cord injuries create lifelong challenges. Victims often face chronic pain, loss of bladder and bowel control, sexual dysfunction, and respiratory complications. Many require ongoing physical therapy, assistive devices, home modifications, and personal care attendants. The emotional impact—including depression, anxiety, and loss of independence—is equally significant.
When a spinal cord injury results from someone else’s negligence or wrongful conduct, Montana law allows you to pursue compensation. Our attorneys work to establish liability and recover damages that reflect the true cost of living with a spinal cord injury. See our client testimonials to learn how we’ve helped other injury victims.
Common Causes of Spinal Cord Injuries in Kalispell
Spinal cord injuries can result from various accidents and incidents. Understanding how your injury occurred is the first step in determining whether you have a legal claim. According to the NSCISC, vehicular accidents account for approximately 38.6% of spinal cord injuries, while falls account for about 32.3%. Common causes of spinal cord injuries include:
Motor vehicle accidents – Car, truck, and motorcycle collisions remain a leading cause of spinal cord injuries, particularly high-impact crashes. Truck accidents and motorcycle accidents can cause particularly severe spinal trauma. If you’ve been injured in a drunk driving accident, we can help you pursue compensation.
Falls from heights – Falls from ladders, roofs, balconies, or significant heights can cause severe spinal trauma. These incidents often occur in construction environments or residential settings.
Workplace accidents – Construction sites, industrial facilities, and other work environments present risks of falls, equipment failures, and traumatic injuries. Construction accidents are particularly common causes of spinal cord injuries. Under OSHA regulations, employers must report severe workplace injuries, including hospitalizations and amputations.
Sports injuries – Contact sports, diving accidents, and recreational activities can result in spinal cord damage.
Medical malpractice – Surgical errors, anesthesia complications, or improper medical procedures can cause spinal cord injuries.
Defective products – Poorly designed or manufactured products that fail unexpectedly may cause spinal injuries.
In each of these situations, establishing liability requires demonstrating that another party owed you a duty of care. They must have breached that duty through negligence or wrongful conduct. Additionally, they must have caused your injury as a result. Our attorneys investigate thoroughly to identify all responsible parties and build a strong case for compensation.
Compensation Available for Spinal Cord Injury Victims
Spinal cord injury victims in Montana can recover damages that reflect the full scope of their losses. These damages fall into two categories: economic damages (quantifiable financial losses) and non-economic damages (losses that don’t have a specific dollar amount but significantly impact quality of life).
Economic damages in spinal cord injury cases typically include:
- Medical expenses – Current and future medical care, including emergency treatment, hospitalization, surgery, rehabilitation, therapy, medications, and ongoing medical management
- Lost wages and earning capacity – Income lost during recovery and the reduced earning capacity resulting from permanent disability
- Home and vehicle modifications – Costs to adapt your home and vehicle for wheelchair accessibility and other accommodations. Workplaces and public accommodations must meet specific accessibility standards under the Americans with Disabilities Act (ADA). Home modifications for accessibility are typically designed according to ADA guidelines.
- Assistive devices and equipment – Wheelchairs, mobility aids, communication devices, and other equipment necessary for daily functioning
- Ongoing care and support – Personal care attendants, nursing care, and other support services required for daily living
Non-economic damages include pain and suffering, loss of enjoyment of life, emotional distress, and loss of consortium (the impact on your relationships and family life). These damages often represent the largest portion of a spinal cord injury settlement. They account for the significant impact on your quality of life.
Calculating fair compensation requires considering your age at the time of injury, life expectancy, severity of the injury, medical prognosis, and the specific costs associated with your care. Our attorneys work with medical experts and life care planners to ensure your claim reflects the true lifetime cost of your injury. Learn how personal injury settlements are paid out in Kalispell, MT.
The Legal Process for Spinal Cord Injury Claims in Montana
Understanding the legal process helps you know what to expect as your case progresses. Most spinal cord injury claims follow a similar path, though each case is unique.
Investigation and Evidence Gathering: We begin by thoroughly investigating your accident. This includes obtaining police reports, medical records, witness statements, and expert analysis. For motor vehicle accidents, we may hire accident reconstruction experts. For workplace injuries, we review OSHA reports and safety records. For medical malpractice cases, we obtain expert medical opinions. This investigation phase typically takes several weeks to several months.
Demand and Negotiation: Once we’ve gathered evidence and calculated your damages, we prepare a detailed demand letter to the at-fault party’s insurance company. This letter outlines the facts of your case, establishes liability, and requests compensation. Insurance companies often respond with lower settlement offers. We negotiate on your behalf to reach fair compensation.
Settlement or Trial Preparation: Many spinal cord injury cases settle during negotiations. If the insurance company refuses to offer fair compensation, we prepare your case for trial. This includes organizing evidence, preparing witnesses, and developing trial strategy. We’re prepared to take your case to court and present your claim before a jury if necessary.
Timeline: The duration of your case depends on its complexity. Straightforward cases may settle within 6-12 months. Complex cases involving multiple parties, significant liability disputes, or catastrophic injuries may take 1-3 years or longer. We keep you informed throughout the process and discuss timeline expectations based on your specific circumstances.
Frequently Asked Questions About Spinal Cord Injuries
What is the statute of limitations for filing a spinal cord injury claim in Montana?
In Montana, you have three years from the date of your injury to file a personal injury lawsuit under Montana Code Annotated § 27-2-204. This deadline is critical. If you miss it, you lose your right to pursue compensation regardless of the strength of your case. However, there are limited exceptions to this rule. If you were a minor at the time of injury, the statute of limitations may be extended. If the at-fault party left Montana, the time they were absent may not count toward the three-year deadline. We recommend contacting an attorney as soon as possible after your injury to ensure your rights are protected and your claim is filed within the required timeframe.
How much is my spinal cord injury case worth?
The value of your spinal cord injury case depends on multiple factors specific to your situation. These include the severity of your injury (complete vs. incomplete, tetraplegia vs. paraplegia), your age and life expectancy, your pre-injury earning capacity, the extent of your medical expenses, the clarity of liability, and the jurisdiction where your case would be tried. Cases involving clear liability and severe injuries typically have higher settlement values. We evaluate all these factors during your free consultation and provide a realistic assessment of your case’s potential value. However, every case is unique, and we cannot guarantee specific results. Understanding how pain and suffering is calculated can help you understand your potential compensation.
Do I need to go to trial for my spinal cord injury claim?
Most spinal cord injury cases settle without going to trial. Insurance companies often recognize the strength of these cases and offer reasonable settlements to avoid the uncertainty and expense of trial. However, if the insurance company refuses to offer fair compensation, we’re prepared to take your case to trial. We have trial experience and are not afraid to present your case before a jury. Our willingness to go to trial often strengthens our negotiating position and encourages insurance companies to offer better settlements.
What if I was partially at fault for my injury?
Montana follows a “comparative negligence” rule. Even if you were partially at fault for the accident that caused your spinal cord injury, you can still recover compensation as long as you were 50% or less at fault. Your compensation is reduced by your percentage of fault. For example, if you were 20% at fault and your total damages are $1 million, you would recover $800,000. This rule recognizes that accidents often involve multiple contributing factors. It ensures injured parties can still recover even if they bore some responsibility. For more details, see our guide on comparative negligence laws in Kalispell, MT.
How long does a spinal cord injury case typically take?
The timeline for a spinal cord injury case varies depending on its complexity. Simple cases with clear liability may settle within 6-12 months. More complex cases involving multiple parties, disputed liability, or significant medical issues may take 1-3 years or longer. Factors affecting the timeline include the time needed for medical treatment and stabilization, the complexity of liability investigation, the responsiveness of insurance companies, and court schedules if your case goes to trial. We work efficiently to resolve your case while ensuring we don’t rush into an unfair settlement.
Can I recover compensation for future medical care?
Yes. One of the most important aspects of a spinal cord injury settlement is ensuring compensation for future medical care and support. We work with life care planners and medical experts to calculate the cost of your ongoing medical needs over your lifetime. This includes future surgeries, medications, therapy, assistive devices, home care, and other services. These future care costs often represent a significant portion of your total compensation because spinal cord injuries typically require lifelong medical management and support.
Contact Travis & Brann, PLLP Today
If you or a loved one has suffered a spinal cord injury in Kalispell or anywhere in Montana, don’t face this challenge alone. Travis & Brann, PLLP is ready to fight for the compensation you need. We offer free consultations with no obligation, and we work on a contingency fee basis. You pay nothing unless we recover compensation for you.
Contact us today to discuss your case with an experienced spinal cord injury attorney. Call (406) 752-7550 or complete our online case evaluation form to schedule your free consultation. Time is critical in spinal cord injury cases due to Montana’s three-year statute of limitations. The sooner you reach out, the sooner we can begin protecting your rights and pursuing the compensation you need to rebuild your life. Visit our Kalispell office to learn more about our services, or explore our practice areas to see how we can help with your specific injury.