Spinal Cord Injury Lawyer
A spinal cord injury is among the most life-altering events a person can experience. In an instant, a car crash, a construction accident, or a fall can leave someone paralyzed, facing a lifetime of medical care and rehabilitation. These injuries reshape entire families and futures — and the medical costs alone can reach into the millions, making these cases high-stakes from both a human and a legal standpoint.
Eric A. Hernandez of HLM Injury Lawyers has more than 25 years of trial experience representing people who have suffered catastrophic injuries across South Florida. As a former Assistant U.S. Attorney for the Southern District of Florida and a former law clerk for Chief Justice Charles T. Wells of the Florida Supreme Court, Eric knows how to build the disciplined, evidence-backed case that holds negligent parties accountable — even when those parties are corporations or large insurers.
If you or a family member suffered a spinal cord injury because of someone else’s negligence, call HLM Injury Lawyers at (305) 842-2100 for a free consultation. We represent clients throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County.
How Spinal Cord Injuries Happen
Spinal cord injuries result from trauma that compresses, fractures, dislocates, or severs the vertebrae or the cord itself. The most common causes we see in South Florida include:
Motor Vehicle Accidents: Car crashes, truck collisions, and motorcycle accidents are the leading cause of traumatic spinal cord injuries. The violent forces — impact, sudden deceleration, rollover — can damage the spine at any level.
Falls: Slip and fall accidents on poorly maintained property, falls from heights, and scaffold or ladder failures frequently injure the spine, particularly in Broward County’s active construction market.
Construction Accidents: Workers face daily exposure to fall hazards, falling objects, and equipment failures that cause severe spinal trauma. These cases often involve both workers’ compensation and third-party liability claims.
Diving and Recreational Accidents: Shallow-water diving accidents — in pools, lakes, or the ocean — produce cervical spine injuries that frequently result in paralysis.
Acts of Violence: Gunshot wounds and other trauma can sever the spinal cord, giving rise to civil liability claims alongside any criminal proceedings.
Understanding Complete vs. Incomplete Spinal Cord Injuries
Not all spinal cord injuries produce the same outcome. The extent of damage — and the degree of potential recovery — depends largely on whether the injury is complete or incomplete.
Complete Spinal Cord Injury: All motor and sensory function below the injury level is lost. Depending on its location along the spine, a complete injury can produce paraplegia (loss of function in the legs and lower body) or tetraplegia/quadriplegia (loss of function in all four limbs and the torso). These injuries leave little room for spontaneous recovery.
Incomplete Spinal Cord Injury: Some sensation or motor function remains below the injury site. Outcomes vary widely — some people regain significant function with rehabilitation; others do not. Incomplete injuries may still cause permanent disability.
Cervical, Thoracic, and Lumbar Injuries: Injuries higher on the spine (the cervical/neck region) tend to affect more of the body than those lower in the thoracic or lumbar regions. Cervical injuries carry the highest risk of full-body paralysis.
Whatever the classification, every spinal cord injury demands aggressive legal pursuit. The lifetime costs of care — hospitalization, surgery, rehabilitation, adaptive equipment, home modification, attendant care, and lost wages — must all be accounted for in any serious settlement or verdict.
Why Insurance Companies Fight Spinal Cord Injury Claims Hard
The same financial stakes that make spinal cord injuries so devastating make them targets for aggressive insurance defense. When a claim involves millions in potential liability, insurers dedicate substantial resources to limiting or denying compensation.
Common tactics include disputing the cause of the injury, blaming the disability on pre-existing conditions, minimizing future care projections, and pressing for early settlements before the full scope of the injury is understood. Those early offers are almost always undervalued — once you accept one, you cannot go back for more, even if your condition worsens.
Eric works with medical experts, life care planners, and vocational economists to build a complete picture of what your injury will actually cost over a lifetime. That documentation grounds a damages claim in reality, not in what an insurer is willing to volunteer.
Steps to Take After a Spinal Cord Injury
Get Emergency Medical Care: Spinal cord injuries require immediate stabilization. Never let anyone move an injured person from the scene without medical personnel present — improper movement can worsen the injury.
Follow the Full Treatment Plan: Rehabilitation is long and demanding. Consistent participation matters both for your recovery and for your legal case.
Preserve All Evidence: Gather accident reports, witness information, photographs, and medical records as early as possible. In cases involving vehicles or equipment, physical evidence — including electronic vehicle data — can be critical.
Contact an Attorney Before Settling Anything: Insurers sometimes approach victims or their families quickly, offering early settlements that feel significant but fall far short of true lifetime need. Do not agree to anything without legal counsel.
Florida Law and Spinal Cord Injury Claims
Statute of Limitations: Under Florida’s 2023 tort reform law (HB 837), the statute of limitations for negligence claims is 2 years from the date of the accident — reduced from the prior 4-year period. Gathering the right experts and building a comprehensive damages case takes time, so starting early is essential.
Modified Comparative Negligence: Florida applies a modified comparative negligence standard. If you are found 51% or more responsible, you cannot recover. Below that threshold — including when you are exactly 50% at fault — you can still recover, with your award reduced by your proportionate share.
Serious Injury Threshold: Spinal cord injuries — particularly those involving permanent loss of function — satisfy Florida’s serious injury threshold, which permits a direct claim against the at-fault party outside the no-fault Personal Injury Protection (PIP) system.
Why Hire Eric Hernandez for Your Spinal Cord Injury Case
- A Prosecutor’s Perspective: As a former federal prosecutor, Eric knows how to investigate complex cases, compel evidence, and hold corporations and institutions accountable. When the defendant is a trucking company, construction contractor, or large property owner, that mindset matters.
- Direct Attorney Access: At HLM Injury Lawyers, you communicate directly with Eric. He personally manages your case and makes every strategic call — you are not passed to staff for the parts that matter most.
- Trial-Ready Representation: Spinal cord cases can take years to litigate. Eric has more than 25 years of trial experience and is admitted to the U.S. Supreme Court Bar. He builds every case from day one as if it will go to a jury — preparation that is exactly why many cases settle on favorable terms.
- Bilingual Service / No Fee Unless We Win: HLM Injury Lawyers provides full representation in both English and Spanish. We handle spinal cord injury cases on a contingency fee basis — you pay no attorney’s fees unless we recover compensation for you.
Frequently Asked Questions
How do I know if I have a spinal cord injury claim?
If your injury resulted from another party’s negligence — a careless driver, an unsafe work site, poorly maintained premises — you likely have grounds for a claim. The consultation is free, and we will give you an honest assessment from the start.
What damages can I recover in a spinal cord injury case?
Recoverable damages typically include past and future medical expenses, rehabilitation, lost wages, loss of future earning capacity, long-term attendant care, home and vehicle modifications, and compensation for pain, suffering, and diminished quality of life.
Can I file a lawsuit if workers’ compensation is already covering my injury?
Often, yes. Workers’ compensation is the exclusive remedy against your employer, but not the only avenue. If a third party — a subcontractor, equipment manufacturer, or property owner — contributed to your injury, a separate personal injury claim may run alongside your workers’ comp case.
What if the at-fault driver has minimal insurance?
Florida does not require drivers to carry bodily injury (BI) liability coverage, which creates real risk in catastrophic cases. Your own uninsured/underinsured motorist (UM/UIM) policy may cover the gap, and we evaluate all potential sources of recovery in every case.
How long will my case take?
These cases are complex. Establishing the full scope of lifetime damages requires time, expert input, and sometimes extended litigation. We do not push premature settlements that shortchange your long-term needs, and we keep you informed at every stage.
Do I need to prove the other party was 100% at fault?
No. Under Florida’s modified comparative negligence standard, you can recover as long as you are found less than 51% responsible — a plaintiff exactly 50% at fault can still recover. Your award is reduced by your share of fault, but partial liability does not bar recovery.
Contact HLM Injury Lawyers — Free Consultation
A spinal cord injury changes everything — and you deserve representation that takes that seriously. Call HLM Injury Lawyers at (305) 842-2100 for a free consultation, or visit hlminjurylawyers.com to reach out online. We represent spinal cord injury victims throughout Coral Springs, Parkland, Coconut Creek, Margate, Tamarac, Pompano Beach, and all of Broward County.
Free consultation. No fee unless we win.