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California Spine Injury Law: Understanding Cervical, Thoracic & Lumbar Injuries and Your Legal Rights

Spinal injuries are among the most debilitating injuries recognized in personal injury law. The spine protects the central nervous system, and any trauma to the cervical, thoracic, or lumbar regions can cause chronic pain, nerve damage, disability, paralysis, and the need for surgery.

At Bakh Law Group (BLG), we represent clients who have suffered spine injuries from:

  • Car accidents
  • Motorcycle crashes
  • Pedestrian accidents
  • Truck collisions
  • Slip/trip and falls
  • Dangerous condition of public or private property
  • Falling objects
  • Roof and structure collapses
  • Workplace or construction accidents
  • Product defects (chairs, ladders, helmets, vehicles, equipment)
  • Explosions and impact forces
  • Sports and recreational injuries

Spinal trauma cases require deep medical knowledge, expert testimony, and strong legal strategy. This guide explains the anatomy of the spine, common injury types, common surgeries, and how California law allows victims to recover compensation.

Spine Anatomy: Understanding the Three Major Regions

To understand spinal injuries, you must understand the three major sections of the spine, each with unique functions and vulnerability.

1. Cervical Spine (Neck Region – C1–C7)

Supports the head, allows rotation, and protects nerves controlling arms and hands.

Common cervical injuries:

  • Herniated discs
  • Bulging discs
  • Facet joint injuries
  • Cervical radiculopathy (nerve compression)
  • Cervical fractures
  • Whiplash-associated disorders
  • Spinal cord injury leading to partial or total paralysis (quadriplegia)

Mechanisms include rear-end collisions, falls, high-speed impacts, rollover accidents, sudden hyperflexion/hyperextension.

2. Thoracic Spine (Mid-Back – T1–T12)

Stabilizes the upper body and protects vital organs.

Common thoracic injuries:

  • Compression fractures
  • Burst fractures
  • Disc herniations
  • Thoracic radiculopathy
  • Spinal cord trauma causing paraplegia

Most thoracic injuries occur from high-energy impacts:

  • Motorcycle accidents
  • Falls from height
  • Roof or structure collapse
  • Heavy falling objects
  • High-speed vehicle collisions

3. Lumbar Spine (Lower Back – L1–L5/Sacrum)

Carries body weight, controls walking, bending, sitting, lifting.

Common lumbar injuries:

  • Disc herniation
  • Bulging discs
  • Lumbar radiculopathy (sciatica)
  • Spondylolisthesis
  • Facet joint syndrome
  • Spinal stenosis
  • Lumbar fractures
  • Cauda equina syndrome (medical emergency)

Lumbar injuries are extremely common in slip and falls, car accidents, and lifting/impact trauma.

Common Types of Spine Injuries

1. Herniated Discs

Occurs when disc material protrudes into the spinal canal, impinging nerves.

2. Bulging Discs

Disc protrudes outward but doesn’t rupture. Still causes pain and nerve compression.

3. Nerve Impingement / Radiculopathy

Radiating pain into arms (cervical) or legs (lumbar), numbness, tingling, weakness.

4. Spinal Fractures

  • Compression fracture
  • Burst fracture
  • Transverse process fracture
  • Fractures from high-impact trauma

5. Spinal Cord Injury (SCI)

Partial or complete loss of motor or sensory function.

6. Soft Tissue & Ligament Injuries

  • Whiplash
  • Sprains
  • Strains
  • Facet joint injuries

7. Lumbar Instability

Occurs when vertebrae become misaligned or unstable due to trauma.

Common Treatments for Spine Injuries

Treatment can be conservative or surgical depending on severity.

Non-Surgical Treatments

1. Physical Therapy

Strengthens stabilizing muscles and improves mobility.

2. Chiropractic Care

Spinal adjustments and mobilization for pain relief.

3. Epidural Steroid Injections (ESI)

Reduces inflammation around compressed nerves.

4. Radiofrequency Ablation (RFA)

Burning of nerve endings to reduce chronic facet joint pain.

5. Medication Management

  • Anti-inflammatories
  • Muscle relaxants
  • Nerve pain medications

Surgical Interventions

1. Discectomy / Microdiscectomy

Removal of herniated disc material compressing nerves.

2. Laminectomy

Removal of part of the vertebrae to relieve spinal stenosis.

3. Fusion Surgery

Stabilizing vertebrae using rods, screws, cages, or bone grafts.

4. Artificial Disc Replacement

Implantation of a prosthetic disc to preserve mobility.

5. Kyphoplasty / Vertebroplasty

Treatment for compression fractures.

Spine surgery dramatically affects case value and long-term compensation.

Legal Framework for Spine Injuries

Depending on the accident type, different CACI instructions apply.

1. Negligence (CACI 400, 401, 430)

Used for:

  • Car/motorcycle/pedestrian accidents
  • Truck crashes
  • Boat accidents
  • Workplace negligence
  • School sports negligence

Plaintiff must prove duty, breach, causation, and damages

2. Premises Liability (CACI 1000–1011)

Used for spine injuries caused by:

  • Slip and falls
  • Trip and falls
  • Collapsing structures
  • Falling merchandise
  • Dangerous walkways

Property owners must maintain safe premises and conduct reasonable inspections.

3. Dangerous Condition of Public Property (CACI 1100–1123)

Used for:

  • Government-owned sidewalks
  • Public buildings
  • Public staircases
  • City-owned property hazards
  • Poor lighting
  • Broken walkways

Requires filing a Government Tort Claim within 6 months.

4. Product Liability (CACI 1200–1206)

Used when a defective product causes spinal injuries:

  • Car seat failures
  • Tire blowouts
  • Roof crush
  • Collapsing ladders
  • Defective chairs
  • Defective helmets
  • Industrial equipment failures
  • E-bike/scooter malfunctions

No negligence required—just proof of defect and causation.

5. Negligent Hiring / Entrustment / Supervision (CACI 426, 427)

Used when an employee or driver causes an accident leading to spinal injuries.

6. Wrongful Death (when spinal cord trauma is fatal)

Families may recover economic and non-economic losses.

Common Accidents That Cause Spine Injuries
  • Car accidents (rear-end, T-bone, head-on)
  • Motorcycle accidents
  • Pedestrian collisions
  • Bicycle crashes
  • Truck accidents
  • Slip/trip and fall incidents
  • Unsafe staircases
  • Collapsing balconies or roofs
  • Falling store merchandise
  • Workplace or construction injuries
  • Defective equipment
  • Sports injuries
Symptoms of Spine Injuries
  • Neck, mid-back, or lower-back pain
  • Radiating pain into limbs
  • Tingling, numbness, burning
  • Muscle weakness
  • Loss of coordination
  • Bowel/bladder dysfunction (emergency)
  • Restricted mobility

Spine symptoms often worsen over time if untreated.

Damages Available in Spine Injury Cases

Victims may recover:

  • Medical bills
  • Physical therapy
  • Future surgery costs
  • Pain and suffering
  • Emotional distress
  • Lost wages
  • Loss of earning capacity
  • Home modifications
  • Assistive devices
  • Wrongful death damages

Spine injuries often have very high case value due to long-term impairment.

Frequently Asked Questions (FAQs)
Should I hire an attorney experienced in spine cases?

Yes—spine injuries require expert handling and significant medical coordination.

Can I sue if a defective chair collapsed?

Yes—premises or product liability applies.

Can motorcycle accidents cause spinal cord injury?

Very commonly.

What is lumbar instability?

Excessive motion between vertebrae due to trauma.

Are injections covered in settlements?

Yes—past and future care is compensable.

What if my pain radiates down my leg or arm?

Likely nerve compression.

Should I get treatment right away?

Yes—delays hurt both your health and case.

Can a seatbelt cause spine injury?

Yes—especially in high-impact crashes.

Do degenerative changes affect my case?

No. Preexisting conditions often become symptomatic after trauma.

How do I prove my back injury came from the accident?

Medical records, imaging, biomechanics, and expert testimony.

Can spinal injuries heal fully?

Some do; many cause chronic, lifelong pain.

Can trauma cause spondylolisthesis?

Yes—vertebrae can shift forward due to ligament damage.

What is a microdiscectomy?

Removal of herniated disc material irritating nerves.

What is RFA?

Radiofrequency ablation, a treatment to burn pain-causing nerves.

Are chiropractors allowed to testify in spine cases?

Yes, but neurologists/orthopedists carry more weight.

What if a defective product caused my spine injury?

Product liability may apply

Can roof collapse cause spinal fractures?

Yes and often very severe.

What if the city sidewalk caused my fall?

You may have a dangerous condition case.

Can a slip and fall cause a herniated disc?

Yes—falls commonly cause disc trauma.

What if falling merchandise hit me?

That’s a strong premises liability case.

What is a compression fracture?

A collapse of a vertebra, often from falls or car accidents.

What is spinal stenosis?

Narrowing of the spinal canal.

Do I need surgery for my case to be valid?

No — but surgery increases case value.

What if I had a preexisting back problem?

You can still recover if the accident worsened your condition.

Do spine injuries show up immediately?

Not always — symptoms can appear over days or weeks.

What if my MRI was normal but I still have pain?

Some injuries (facet injuries, soft tissue injuries) don’t appear on MRI.

What’s the difference between a bulging and herniated disc?

A bulge is mild; a herniation protrudes into the spinal canal.

What is radiculopathy?

Nerve pain radiating into arms or legs.

Can a minor accident cause a herniated disc?

Yes. Even low-speed impacts can cause disc injuries.

Can a spine injury occur without a broken bone?

Yes — disc injuries are common without fractures.

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