Paralysis in Personal Injury Lawsuits

Paralysis is the loss of muscle function in part of the body or the entire body and arises from a disruption in the communication pathways between the brain and the muscles. This disruption often results from bruising, crushing, or oxygen deprivation affecting the spinal cord. The spinal cord comprises several regions—cervical, thoracic, lumbar, and sacral—and injuries to different regions produce different forms and severities of paralysis. Higher injuries, such as those in the cervical region, generally result in more extensive paralysis. Paralysis can be complete, when there is no sensation or function below the site of injury, or incomplete, when some sensation or function remains.

Types and Classifications of Paralysis

Paraplegia results from injuries to the thoracic or lumbar regions and usually affects leg movement and sensation, as well as causing potential impairment in parts of the torso. Quadriplegia, also known as tetraplegia, stems from trauma to the cervical spine and can involve loss of function in the arms, legs, and torso. Hemiplegia, frequently caused by neurological events such as strokes, affects one side of the body. Monoplegia involves a single limb. Diplegia affects symmetrical body parts, commonly both legs. Even partial paralysis of any of these types can lead to significant limitations in daily activities and require concentrated medical and rehabilitative care.

Common Causes of Paralysis

Vehicle collisions can produce forceful impacts or penetrating injuries that damage the spinal cord. Medical malpractice can lead to paralysis when a healthcare provider fails to meet the accepted standard of care, such as by using improper surgical techniques or not promptly diagnosing and treating conditions like spinal cord compression. Slip and falls due to dangerous conditions on property may cause spinal injuries. Construction workers may suffer damage to the spine in accidents like falls from heights or mishaps with heavy machinery. Certain severe sports injuries also may cause a form of paralysis.

Legal Liability and the Role of Negligence

Proving liability for paralysis in personal injury lawsuits generally requires showing that another party acted negligently. Negligence hinges on four elements. The at-fault party must have owed a duty to act with reasonable care, breached this duty, caused the injury through that breach, and inflicted actual damages. A driver who disregards traffic laws or a surgeon whose conduct falls below the accepted medical standard could bear liability if the breach results in paralysis.

Identifying Potential Defendants

Various individuals or entities might be sued for damages. A negligent driver is most often liable for a motor vehicle accident, although other parties, such as the driver’s employer, can also face liability. In situations involving medical malpractice, physicians, hospitals, or other healthcare providers may be named if their failure to adhere to professional standards caused the patient’s paralysis. Sports-related cases can include claims against competitors who committed reckless acts or against equipment manufacturers if their defective products led to injuries. (Products liability claims may raise a theory called strict liability, which means that you don’t need to prove negligence.) Injured people may bring premises liability claims against property owners or managers that fail to maintain safe conditions.

Due to the workers’ compensation system in most states, workplace incidents don’t always lead to personal injury lawsuits. You can get workers’ compensation benefits regardless of fault, but you can’t sue your employer. However, you might be able to sue a third party, such as a contractor or equipment maker, if they contributed to the accident. This could allow you to get a larger award of damages than what workers’ compensation provides.

Damages and Lifetime Costs

Individuals who sustain paralysis because of another party’s fault can seek economic and non-economic damages. Economic damages typically include past and future medical expenses, such as hospitalizations, surgeries, rehabilitative programs, and necessary equipment like wheelchairs. These damages also incorporate lost wages and the diminished ability to earn a living. In many cases, a life care plan is prepared to project the lifetime costs of ongoing care and assistance. Non-economic damages address intangible harm such as pain and suffering, emotional distress, and loss of enjoyment of life. Some jurisdictions also allow for punitive damages if the responsible party acted with gross negligence or malice.

Last reviewed April 2025