A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)•A+ rating on Better Business Bureau•Google reviews: 5.0•Martindale Hubbell Client Rating: 5.0•Lawyers.com Client Rating: 5.0•Avvo Client Rating: 5.0•Facebook Rating 5.0•Best Dog Bite Lawyers – Queens, NY (2025) (Expertise.com)•Best Bicycle Accident Lawyers – Queens, NY (2025) (Expertise.com)•Best Car Accident Lawyers – Middletown, NY (2025) (Expertise.com)

Spinal Cord Injury and Paralysis Lawyer in Borough Park

Compassionate Local Advocacy

Comprehensive Guide to Spinal Cord Injury Claims

Suffering a spinal cord injury is a life-changing event that affects mobility, livelihood, and family dynamics. If you or a loved one sustained this injury in Borough Park, it is important to understand the legal options available to pursue compensation for medical care, rehabilitation, lost income, and long-term support. This introduction outlines what people commonly face after such injuries in Kings County and explains why timely action and clear documentation can influence insurance responses and legal outcomes. Contact information and local resources are included so families know where to turn when immediate medical and legal decisions are needed.

Spinal cord injuries often require extensive medical treatment, home modifications, ongoing therapy, and durable medical equipment, all of which can produce substantial expenses. Beyond financial concerns, those affected and their caregivers must navigate changes to daily routines, employment and emotional wellbeing. Understanding the path forward begins with collecting medical records, incident reports, and witness accounts, then evaluating potential defendants and insurance coverage. This paragraph explains how early planning, a clear timeline of injuries and treatment, and careful preservation of evidence contribute to building a claim that fairly reflects the full scope of present and future needs.

Why Pursue a Spinal Cord Injury Claim

Pursuing a legal claim after a spinal cord injury helps individuals secure resources needed for long-term care, adaptive equipment, and loss of income. A focused legal approach can help identify all possible sources of recovery, from insurance policies to responsible parties, while seeking compensation that accounts for lifetime medical needs and care. Additionally, a properly prepared claim can create leverage in settlement discussions and, if necessary, support a case at trial that accurately represents the full impact of paralysis or partial paralysis. Understanding these benefits empowers families to make informed choices about timing and strategy for filing a claim.

About The Ahearne Law Firm and Allan J. Ahearne, Jr.

The Ahearne Law Firm PLLC serves clients throughout New York, including Borough Park in Kings County, offering personal injury representation focused on helping people rebuild after serious injuries like spinal cord damage. Allan J. Ahearne, Jr. and the firm assist clients by evaluating medical records, coordinating with physicians and rehabilitation providers, and pursuing insurance claims and litigation when necessary. The firm emphasizes careful case preparation, regular communication with families, and practical guidance about medical liens, settlement options, and trial readiness. Local knowledge of courts and insurers in the region supports a tailored approach for each client’s circumstances.

Understanding Spinal Cord Injury Claims

A spinal cord injury claim addresses the harm caused by another party’s negligence or wrongful conduct that resulted in paralysis or other permanent impairment. These claims involve establishing responsibility for the incident, documenting the full extent of injuries and related expenses, and presenting evidence that links the defendant’s actions to the claimant’s current needs and future care. Many claims require collaboration with medical professionals to forecast long-term costs, vocational specialists to assess earning capacity, and life care planning to define ongoing assistance. Clear timelines, contemporaneous medical documentation, and thorough investigation into the cause of the injury are essential components in advancing a claim that can support meaningful recovery.

Throughout the claims process, injured individuals confront questions about liability, comparative fault rules that apply in New York, and available insurance coverages. The process typically begins with a careful review of the accident scene, police and incident reports, witness statements, and all medical records. Following that, a demand for compensation is prepared which itemizes medical expenses, projected future care costs, and non-economic losses like pain and suffering. Settlement negotiations may resolve the case, but when disputes persist, filing a lawsuit and pursuing litigation may be necessary to achieve a fair resolution based on the full picture of loss and need.

Need More Information?

Key Terms and Glossary

Spinal Cord Injury

A spinal cord injury involves damage to the nerve fibers within the spinal canal that can lead to partial or total loss of movement and sensation below the site of injury. In legal settings, defining a spinal cord injury requires medical documentation that explains the diagnosis, the level of impairment, and the expected prognosis, including potential for recovery and the need for ongoing care. From a claims perspective, a clear medical record showing hospitalization, imaging studies, and rehabilitation plans supports the assessment of past and future medical costs as well as the impact on daily living and employment prospects over a claimant’s lifetime.

Paralysis

Paralysis refers to the loss of muscle function in part of the body and can be classified by extent and location, such as paraplegia or quadriplegia, depending on which limbs and bodily functions are affected. Legally, demonstrating paralysis relies on clinical findings, diagnostic imaging, and functional assessments that show limitations in movement and self-care. Establishing the degree of paralysis is essential to calculating care needs, the type and duration of therapy required, and the impact on employment and daily activities, which together form the basis for economic and non-economic damage claims in a lawsuit or settlement negotiation.

Life Care Plan

A life care plan is a comprehensive projection of an injured person’s future medical and support needs, encompassing planned therapies, medications, adaptive equipment, home modifications, and attendant care. In personal injury cases, such a plan translates clinical recommendations into a cost estimate that helps quantify compensation for long-term care. The plan is typically prepared by medical and rehabilitation professionals and becomes a key piece of evidence when negotiating with insurers or presenting damages to a judge or jury. Accurate life care planning makes it possible to reflect both immediate needs and anticipated changes over time in calculating total economic losses.

Comparative Fault

Comparative fault is a legal doctrine used in New York that can reduce a plaintiff’s recovery if the injured person is found partially responsible for the accident that caused the injury. Under comparative fault, a jury or decision-maker assigns a percentage of fault to each party, and any damages awarded are reduced by the plaintiff’s percentage of responsibility. Understanding how comparative fault may apply is important when assessing settlement value and deciding whether to litigate, because even a small allocation of responsibility can meaningfully affect the amount of compensation ultimately received after adjustments are made.

PRO TIPS

Preserve Medical Records and Evidence

Keep every medical bill, discharge summary, imaging result, therapy note, and prescription related to the injury so your claim accurately reflects incurred and future costs. Document the accident scene with photographs, secure witness information, and obtain police or incident reports when available to support liability and causation. Early preservation of these records makes it easier to prepare a comprehensive demand and reduces disputes over the scope and necessity of care when negotiating with insurers.

Track Daily Impacts and Lost Income

Maintain a daily journal that records pain levels, mobility limitations, caregiving needs, and how activities of daily living are affected to show the real-world impact of the injury. Collect documentation of missed work, lost wages, and any change in earning capacity, including employer statements and payroll records. These records support claims for both economic and non-economic damages by illustrating ongoing limitations and shifts in employment prospects over time.

Consider Long-Term Care Needs Early

Discuss anticipated future needs with treating physicians and rehabilitation providers to estimate durable medical equipment, home modifications, and attendants who may be required over a lifetime. Early conversations about long-term care help shape the scope of a life care plan and prevent underestimation of future costs when negotiating settlements. Being proactive about planning allows families to secure necessary supports and improves accuracy when seeking compensation that reflects both present and projected needs.

Comparing Legal Paths for Recovery

When Comprehensive Representation Matters:

Severe and Permanent Injuries

When a spinal cord injury causes permanent impairment, the range of damages and future care needs can be extensive and complex, requiring thorough investigation and coordination of medical opinions. Comprehensive legal attention helps assemble life care plans, vocational assessments, and detailed economic evaluations to establish long-term costs and losses. This thorough approach increases the likelihood that settlements or verdicts will reflect the full scale of current and future needs for medical treatment, daily assistance, and loss of earning capacity.

Multiple Responsible Parties

In incidents involving multiple potentially liable parties, such as vehicle collisions, property owners, and equipment manufacturers, a comprehensive approach is often required to investigate and apportion responsibility correctly. Coordinating discovery, obtaining records from varied sources, and identifying insurance coverages can be time consuming but is necessary to secure the maximum available recovery. A full investigation also helps address contributory factors and pursue third-party claims that may not be immediately evident after the initial incident.

When Focused Representation May Work:

Clear Liability and Limited Damages

A more limited approach may be appropriate when liability is clear and damages are confined to a short term of medical treatment and recovery without ongoing care needs. In such situations, a concise demand supported by medical bills and wage documentation can lead to resolution through negotiation without extensive additional investigation. This path may save time when the full measure of losses is readily documented and future needs are not expected to be significant.

Quick Insurance Resolution Available

If an insurer offers a fair early settlement that covers all documented medical expenses and compensates for lost wages and reasonable non-economic harm, a focused resolution can be sensible. Prompt evaluation of the offer against documented present and foreseeable needs helps determine whether to accept or continue negotiations. When the offer aligns with documented costs and the claimant’s long-term outlook, a streamlined path can avoid protracted dispute while providing needed funds for recovery.

Common Circumstances Leading to Spinal Cord Injuries

Motor Vehicle Collisions

High-impact motor vehicle collisions are a leading cause of spinal cord injuries and often involve complex liability issues among drivers, commercial carriers, or vehicle defects. These cases typically require thorough review of crash reports, vehicle data, witness statements, and medical records to support a claim for damages that reflect immediate and long-term impacts.

Falls and Premises Accidents

Serious falls at workplaces or on unsafe property conditions can produce spinal cord injuries, with property owners or employers potentially responsible for hazardous conditions. Investigating maintenance records, safety protocols, and witness accounts helps establish negligence and quantify both present medical costs and future care needs for recovery and adaptation.

Workplace and Construction Incidents

Construction site accidents and workplace incidents involving heavy equipment or falls from height may result in catastrophic spinal injuries and raise issues of employer liability and third-party responsibility. Detailed accident reconstruction, employer records, and safety inspection findings are commonly used to determine responsibility and support claims for comprehensive compensation.

Borough Park Spinal Cord Injury Attorney

Why Families Choose The Ahearne Law Firm

Families in Borough Park turn to The Ahearne Law Firm PLLC when facing the challenges of spinal cord injury because the firm provides grounded legal representation focused on clear communication and practical planning. The firm assists with preserving evidence, coordinating medical documentation and life care projections, and pursuing recoveries that address both immediate medical needs and long-term care. In Kings County matters, familiarity with local courts, medical providers, and insurer practices helps ensure that claims are presented efficiently and with the documentation necessary to support meaningful compensation for those affected by serious injuries.

The Ahearne Law Firm guides clients through settlement evaluation, negotiation, and litigation when required, while helping families understand how to manage medical liens, lien resolution, and structured settlements when appropriate. Communication with clients and their caregivers remains a priority throughout the process, and the firm makes available practical resources such as referrals to rehabilitation and life care planning services. For those facing long-term care requirements, the firm focuses on assembling evidence and documentation that reflect the full scope of future needs and lost earning capacity.

Contact Our Borough Park Office Today

People Also Search For

spinal cord injury lawyer Borough Park

paralysis attorney Borough Park

Borough Park personal injury spinal cord

Kings County spinal cord injury claim

New York paralysis compensation

life care plan spinal cord injury

Borough Park catastrophic injury attorney

Ahearne Law spinal cord injury

FAQS

What should I do immediately after a spinal cord injury in Borough Park?

Seek immediate medical attention and follow all treatment recommendations to safeguard your health and create the medical record necessary for any future claim. Document the scene if it is safe to do so, obtain contact information for witnesses, and request a copy of any police or incident reports. Early medical care and clear records are foundational to demonstrating the link between the incident and the spinal injury, and they also support requests for interim financial relief where appropriate. Make sure to keep and organize all medical bills, imaging studies, therapy notes, and communications with providers and insurers, as these documents form the backbone of a claim. Notify your insurance carrier about the injury and preserve any evidence related to the incident. If you can, obtain photographs of the accident scene, vehicle damage, or hazardous conditions and write down your recollection while details are fresh. Coordination with medical and rehabilitation providers will help frame the expected course of treatment and ongoing needs.

How long do I have to file a claim for a spinal cord injury in New York?

In New York, the statute of limitations for most personal injury claims typically requires filing a lawsuit within three years from the date of the injury, though there are important exceptions and variations depending on the circumstances. Certain claims involving government entities or medical malpractice may have shorter or different filing windows, so it is important to confirm deadlines early. Missing the applicable deadline can bar a claim, making timely evaluation and action essential for preserving rights and options. Because statutes and exceptions vary by the facts of each case, it is advisable to begin the claim process soon after the injury to ensure all deadlines are met and evidence is preserved. Even while medical treatment continues, initiating an investigation and notifying relevant parties can be important steps. Early action also creates more time to develop detailed documentation of medical needs, future care projections, and economic losses, all of which contribute to a thorough presentation of damages within the allowable timeframe.

What types of compensation can be recovered in a spinal cord injury case?

Compensation in spinal cord injury cases commonly includes reimbursement for past and future medical expenses, including hospitalization, surgeries, rehabilitation, medications, and durable medical equipment. It can also cover costs for home modifications, assistive devices, and attendant or long-term care services. Documented past medical costs and a credible projection of future needs are essential when establishing the economic component of damages. Beyond economic losses, recovery may include compensation for lost wages and loss of earning capacity if the injury affects employment prospects. Non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life are also potentially recoverable. In some cases, punitive damages may be sought where conduct was particularly reckless, though availability depends on the facts and applicable law. A comprehensive damages assessment helps ensure that all elements of loss are considered when negotiating or litigating a claim.

How is fault determined in spinal cord injury accidents?

Fault is determined by examining the facts surrounding the incident, including investigation reports, witness statements, physical evidence, and any available video or photographic documentation. Medical records that tie the injury to the recorded incident play a critical role in proving causation, while expert medical testimony may be used to explain the nature and permanence of the injury. Liability may fall on drivers, property owners, employers, manufacturers, or other parties depending on how the injury occurred. New York follows a comparative fault system that allows recovery even if an injured person bears some responsibility, though any award may be reduced by the plaintiff’s percentage of fault. Determining fault often requires legal analysis of local traffic rules, premises liability standards, workplace safety regulations, and applicable statutes. A careful investigation and legal assessment help identify responsible parties and the strength of claims against them for full allocation of fault and damages.

Will my medical bills be paid while my claim is pending?

Whether medical bills are paid while a claim is pending depends on a range of factors, including insurance coverages, available personal health insurance, and any advances that may be arranged through legal channels. Many people rely on health insurance to cover immediate costs, while seeking reimbursement later through a settlement or judgment. Communication with medical providers about billing and lien options can help manage payments during the claims process. In some cases, arrangements such as structured settlements, interim payments from insurers, or medical provider agreements can assist with covering ongoing care while the legal claim is resolved. It is important to coordinate with providers about lien obligations and to understand how payments may affect any eventual recovery. Careful handling of bills and liens helps maximize net recovery for long-term needs when a settlement or award is achieved.

How do life care plans factor into a spinal cord injury claim?

Life care plans translate medical and rehabilitative recommendations into a financial projection of future needs, capturing costs for therapy, equipment, home modification, and attendant care. These plans are prepared by clinicians or rehabilitation planners who review medical records and consult with treating providers to estimate the scope and duration of care. A well-documented life care plan is a cornerstone of proving future medical and support expenses in settlement negotiations or court. Presenting a credible life care plan allows the claim to reflect not only immediate medical costs but also the anticipated trajectory of care over the claimant’s lifetime, which can be substantial in spinal cord injury cases. Insurers and opposing parties often scrutinize these projections, so supporting documentation and alignment with treating providers’ recommendations strengthen the plan’s credibility and contribute to more accurate valuation of long-term damages.

Can I still recover if I was partially at fault for my injury?

Yes, recovery is still possible even if the injured person is partially at fault under New York’s comparative fault rules, which reduce recovery by the plaintiff’s percentage of responsibility. For instance, if a plaintiff is found 20 percent responsible and the total damages are calculated at an amount, the award would be reduced by 20 percent. This framework allows injured parties to pursue compensation while accounting for shared responsibility where it exists. The degree of partial fault can significantly affect the value of a case, so gathering clear evidence that minimizes the plaintiff’s role in causing the injury is important. Demonstrating negligent conduct by other parties, corroborated by witness statements, incident reports, and physical evidence, can help limit the plaintiff’s assigned percentage of fault and preserve a larger portion of potential recovery.

What role do future medical projections play in settlement negotiations?

Future medical projections play a central role in settlement negotiations because they form the basis for calculating long-term cost estimates for care, equipment, and supportive services that a spinal cord injured person may require. Presenting thoroughly documented projections, often contained in a life care plan prepared by rehabilitation professionals, helps demonstrate why compensation should account for sustained and potentially escalating needs. Insurers evaluate these projections when assessing whether settlement offers are adequate to cover projected lifetime costs. Accurate future cost estimates require alignment with treating physicians, rehabilitation specialists, and vocational professionals where appropriate, and these projections should be backed by current treatment records and clinical justification for recommended services. When opposing parties question projections, detailed supporting documentation and clear explanation of methodology improve credibility in negotiations and trial settings, increasing the likelihood of obtaining compensation that matches long-term requirements.

How long does a spinal cord injury lawsuit typically take to resolve?

The duration of a spinal cord injury lawsuit varies widely based on the complexity of the case, the number of parties involved, and whether the claim resolves through settlement or proceeds to trial. Simple cases with clear liability and cooperative insurers may resolve in a matter of months, while more complex matters involving disputed liability, multiple defendants, or substantial future damages can take several years to litigate fully. Pretrial discovery, expert witness preparation, and negotiation cycles contribute to overall timing. Many claimants and families seek timely resolutions to secure funds for medical care and home adjustments, which sometimes leads to settlement discussions earlier in the process. However, ensuring that settlement offers adequately cover future needs often requires patience to develop comprehensive medical and vocational evidence. The timeline should balance the need for prompt access to resources against the importance of achieving a recovery that fairly reflects long-term impact and costs.

How can I pay for ongoing care while pursuing a claim?

While pursuing a claim, insured medical coverage, Medicaid when eligible, and worker’s compensation in workplace incidents are potential sources to help pay for ongoing care. In many cases, health insurance pays immediate medical bills and is later reimbursed from settlement proceeds to the extent permitted by law and plan terms. Families should carefully track payments and understand any subrogation or lien rights that may affect net recovery. Additionally, some arrangements such as negotiated medical provider liens, structured settlements, or interim funding through litigation financing may assist with costs while a claim is pending, though each option has implications for eventual recovery and must be evaluated carefully. Coordinating early with medical providers, insurers, and legal counsel helps manage payments and preserve the greatest possible net recovery for ongoing care needs.

Personal Injury Services in Borough Park

Explore our injury practice areas

All Personal Injury Services