By Michael Shemtoub, trial attorney, Beverly Law. Updated November 2026.
Spinal cord or back injury after an accident?
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The steps, in order
- Get treatment and keep every record. Admission notes, imaging, the ISNCSCI exam results and rehabilitation notes are the medical backbone of the case.
- Preserve evidence early. Vehicles get repaired, videos get erased, and electronic data can be overwritten. A lawyer can send preservation letters to the other side.
- Identify every responsible party and every insurance policy. In a crash, that can include a driver, the driver’s employer, a vehicle owner and your own underinsured motorist coverage.
- File any government claim on time if a public agency is involved.
- File the lawsuit in the right court before the statute of limitations runs.
- Go through discovery: written questions, document exchange, depositions and often a defense medical exam requested by the defendant.
- Resolve the case by settlement, mediation or trial. A case can settle at any stage.
Who can be sued
Many spinal cord injury suits are negligence cases. California states the rule plainly: everyone is responsible for injuries caused by a lack of ordinary care in managing their property or themselves (Civ. Code 1714). The likely defendants follow the cause. NSCISC’s 2026 data sheet lists vehicle crashes (37.1%) and falls (32.5%) as the two largest causes of new traumatic spinal cord injuries since 2015 (NSCISC 2026), which points to drivers, trucking and delivery companies, property owners and employers. Our page on the causes of paralysis has the full breakdown.
Defective products are a separate path. In California, a manufacturer is strictly liable when a product it puts on the market has a defect that injures someone (Greenman v. Yuba Power). Texas generally bars product suits against a manufacturer or seller filed more than 15 years after the product was sold (CPRC 16.012), and Washington presumes that harm occurring more than 12 years after delivery came after the product’s useful safe life ended (RCW 7.72.060).
Work injuries have their own rules. Filing for workers’ compensation in California does not affect a suit against someone other than the employer (Labor Code 3852). In Texas, comp is the exclusive remedy against an employer that carries it (Labor Code 408.001), but an employer without coverage can be sued for negligence and cannot argue the worker was partly at fault (Labor Code 406.033), and negligent third parties can be sued too (Labor Code 417.001). Washington lets an injured worker seek damages from a third party who is not in the same employ (RCW 51.24.030). See our guides to Texas nonsubscriber injuries and Washington third-party claims.
Deadlines and government claims
| California | Texas | Washington | |
|---|---|---|---|
| General deadline to sue | 2 years (CCP 335.1) | 2 years (CPRC 16.003) | 3 years (RCW 4.16.080) |
| Injured child | Clock paused while a minor, but not for claims against public entities (CCP 352) | Clock paused while under 18 (CPRC 16.001) | Clock paused while under 18 (RCW 4.16.190) |
| Claim against a government agency | Written claim within 6 months (Gov. Code 911.2) | Notice within 6 months; a city charter can set its own period (CPRC 101.101) | Claim filed first, then a 60-day wait before suing (RCW 4.96.020; RCW 4.92.110) |
| After the government claim | Sue within 6 months of a written rejection notice (Gov. Code 945.6) | Damages capped at $250,000 per person for the state and cities, $100,000 for other local units (CPRC 101.023) | Suit may follow once the waiting period ends |
The government claim step is easy to miss when a family is focused on rehabilitation. If a bus, a city truck or a dangerous public road was involved, read our page on claims against a city or county vehicle and call a lawyer quickly.
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The evidence these cases need
Fault evidence comes first: the police report, photos and video, witness names, vehicle and truck data, maintenance and inspection records, and, for falls, the condition of the floor, stairs or lighting. In a product case, keep the product itself, unaltered.
Injury evidence links the event to the cord damage. Emergency imaging, surgical reports and repeated ISNCSCI exams show the level and grade and how they changed. Damages evidence shows what the injury takes away: a life care plan for future care, wage records and testimony from family about daily life before and after.
Fault rules can cut a recovery. California and Washington reduce damages by the injured person’s share of fault without barring the claim (Li v. Yellow Cab; RCW 4.22.005), while Texas bars recovery above 50% (CPRC 33.001). More on that in recovering when you were partly at fault.
What this means for your case
Time works against the injured person. Rehabilitation can take months, and those months count against the deadline. Write down the date, place and every company or agency involved, and do not sign releases or give recorded statements to another party’s insurer before getting advice. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. For how the damages are measured once fault is proven, see what a spinal cord injury case is worth.
Common questions
Can I sue if I was partly at fault?
In California and Washington, yes, with damages reduced by your share. In Texas, you can recover only if your share is 50% or less.
Can I sue my employer for a spinal cord injury at work?
Usually the employer is covered by workers’ comp instead, but a third party who contributed can often be sued. In Texas, an employer without comp coverage can be sued for negligence.
How long does a spinal cord injury lawsuit take?
It depends on the court, the number of parties and how long it takes for the medical picture to become clear. No one can promise a timeline.
What if the person who caused my injury had little insurance?
Other sources may exist, such as an employer, a property owner, a product maker or your own underinsured motorist coverage. Finding them is part of the early investigation.
What if my child was injured?
The general deadline is paused until the child turns 18 in all three states, but California’s pause does not apply to claims against public entities, so the six-month government claim rules still matter. Beverly Law offers a free case review in English or Spanish at (310) 552-6959. You owe no fees or costs unless we win. Other common questions are answered in our injury law FAQs.
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Related pages
Sources
- NSCISC at UAB, Traumatic Spinal Cord Injury Facts and Figures at a Glance (2026 SCI Data Sheet) (sites.uab.edu)
- Cal. Civ. Code § 1714 (leginfo.legislature.ca.gov)
- Greenman v. Yuba Power Products, Inc. (1963) 59 Cal.2d 57 (scocal.stanford.edu)
- Cal. Labor Code § 3852 (leginfo.legislature.ca.gov)
- Cal. Code Civ. Proc. § 335.1 (leginfo.legislature.ca.gov)
- Cal. Code Civ. Proc. § 352 (leginfo.legislature.ca.gov)
- Cal. Gov. Code § 911.2 (leginfo.legislature.ca.gov)
- Cal. Gov. Code § 945.6 (leginfo.legislature.ca.gov)
- Li v. Yellow Cab Co. (1975) 13 Cal.3d 804 (scocal.stanford.edu)
- Tex. Civ. Prac. & Rem. Code § 16.003 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 16.001 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 16.012 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 101.101 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 101.023 (statutes.capitol.texas.gov)
- Tex. Civ. Prac. & Rem. Code § 33.001 (statutes.capitol.texas.gov)
- Tex. Labor Code § 408.001 (statutes.capitol.texas.gov)
- Tex. Labor Code § 406.033 (statutes.capitol.texas.gov)
- Tex. Labor Code § 417.001 (statutes.capitol.texas.gov)
- RCW 4.16.080 (app.leg.wa.gov)
- RCW 4.16.190 (app.leg.wa.gov)
- RCW 4.96.020 (app.leg.wa.gov)
- RCW 4.92.110 (app.leg.wa.gov)
- RCW 4.22.005 (app.leg.wa.gov)
- RCW 7.72.060 (app.leg.wa.gov)
- RCW 51.24.030 (app.leg.wa.gov)
Important: This page is general information, not legal or medical advice, and reading it does not create an attorney-client relationship. Every case is different; talk to a lawyer about yours. Texas cases are handled by the firm’s Texas-licensed attorneys, Joyce Ondich and John Efstathiou. Last reviewed: November 7, 2026.