In Virginia, thousands of spinal injuries occur each year, often due to preventable incidents like car crashes, workplace accidents, or unsafe property conditions. When another party’s negligence is the root cause, filing a lawsuit may be the only way to secure long-term care and financial stability. According to the National Spinal Cord Injury Statistical Center, vehicle crashes are the leading cause of spinal cord injuries in the U.S., accounting for nearly 38% of new cases annually. Unfortunately, many of these result in partial or complete paralysis.
Virginia law does not use a special legal standard for paralysis cases, but these lawsuits typically fall under personal injury or medical malpractice claims, depending on the facts. In this post, our Richmond paralysis lawyers explain your legal options, the elements of a strong claim, and how a personal injury attorney can help build a case that reflects the full scope of your injury.
What Legal Elements Must Be Proven in a Paralysis Lawsuit?
In any personal injury case involving paralysis, the injured party must prove:
- Duty of care: The defendant had a legal responsibility to act with reasonable care.
- Breach of duty: That duty was violated through negligence, recklessness, or intentional misconduct.
- Causation: The defendant’s actions directly caused your injury and resulting paralysis.
- Damages: You suffered real losses, such as medical bills, lost wages, pain and suffering, or loss of mobility.
For example, if you became paralyzed in a truck crash, you might file a claim against the driver, their employer, or a third-party maintenance company, depending on what led to the wreck. In Virginia, personal injury lawsuits are governed by statutes such as Va. Code § 8.01-243, which sets a two-year deadline (statute of limitations) to file most claims.
Virginia’s contributory negligence rule also applies. Under this doctrine, if the defendant can prove you were even 1% at fault for the accident, you may be barred from recovering compensation. That’s why it’s critical to gather evidence that clearly shows another party was entirely responsible, and speak with an attorney who can protect your rights from the beginning.
For answers to your questions, call:
800-321-6741
What Damages Can You Recover for Paralysis?
When paralysis results from someone else’s negligence, Virginia law allows you to pursue compensation for both economic and non-economic losses. The damages can include:
- Medical expenses: Emergency surgery, ICU stays, spinal stabilization, and long-term rehabilitation
- Future care costs: Home modifications, mobility aids, personal care attendants, and long-term nursing
- Lost income and earning capacity: Many paralyzed individuals are unable to return to work or must switch to lower-paying roles
- Pain and suffering: Physical pain, mental health conditions like depression or anxiety, and loss of independence
- Loss of enjoyment of life: Impact on hobbies, parenting, and relationships
- Punitive damages: In rare cases where the conduct was reckless or malicious (such as drunk driving)
These damages are calculated with the help of life care planners, vocational experts, and medical specialists who can testify to your needs over time. This evidence is critical to showing the court or insurance company how paralysis has changed every part of your life.
What Is the Process to Sue Someone for Paralysis?
Here’s what a typical legal process looks like for a paralysis injury claim in Virginia:
- Investigation and evidence gathering: Medical records, witness statements, video footage, and expert analysis are collected.
- Filing the lawsuit: A complaint is filed in the appropriate Virginia court. In most cases, this is a circuit court (for claims over $25,000).
- Discovery phase: Both sides exchange documents and take depositions.
- Negotiation or mediation: Most cases settle before trial through mediation or direct negotiation.
- Trial: If no fair settlement is reached, your attorney presents your case in court.
Under Virginia Code § 8.01-243, you generally have two years from the date of the injury to file a personal injury lawsuit. However, if the injury involves a government entity (such as a public transit accident or municipal hospital), special notice requirements apply and deadlines can be shorter.
Click to contact us today
Why Timing and Evidence Matter
Paralysis cases often involve a complex timeline. The injury might not be immediately apparent, and the long-term effects take time to develop. But insurance companies move fast to shift blame or offer low settlements. That’s why our lawyers advise clients to start documenting everything right away—photos, diagnoses, daily symptoms, even the emotional impact.
Because Virginia follows a strict contributory negligence standard, any gap in evidence or misstep early on can ruin your chances at recovery. We build airtight cases from the beginning, including working with medical experts who can speak to permanent impairment and the cost of lifetime care.
Complete a Free Case Evaluation form now
A Real Case Example: $1.25 Million for Paralysis in Virginia
In one case, our client experienced a significant worsening of their spinal condition following an intersection accident. Although the defense claimed the plaintiff could return to work, we presented compelling evidence through medical records, imaging scans, and expert testimony to prove negligence. This resulted in a $1.25 million settlement that covered future medical treatment, lost earnings, and non-economic damages.
How We Help Clients With Paralysis Lawsuits
At Tronfeld West & Durrett, we go beyond just filing paperwork. Our goal is to build a complete, evidence-backed claim that reflects the real, long-term cost of a spinal injury.
We also understand that these lawsuits are emotionally difficult. Many clients are navigating new realities in their bodies and relationships. We take the time to explain your options, protect your dignity, and pursue justice with respect and determination.
If you are struggling with a similar case, we invite you to schedule a free initial consultation to start your journey toward pursuing compensation.
FAQs: Suing for Paralysis in Virginia
Is paralysis always permanent?
Not always. Some cases of paralysis—especially those caused by spinal swelling or incomplete spinal cord injuries—can improve with early intervention, physical therapy, and time. However, many forms, such as complete cervical spinal cord injuries, are permanent. Whether temporary or lasting, you may still have a right to compensation.
What’s the difference between paraplegia and quadriplegia?
Paraplegia refers to paralysis of the lower half of the body, typically from spinal cord damage at the thoracic or lumbar level. Quadriplegia (or tetraplegia) involves paralysis in all four limbs and usually results from injuries higher in the cervical spine. Both are recognized as catastrophic injuries under Virginia law and justify significant compensation.
Can I sue if I was partially at fault for the accident?
In Virginia, you generally cannot recover damages if you’re found even 1% at fault due to the state’s contributory negligence doctrine. This makes it crucial to have a strong legal team that investigates thoroughly and rebuts any attempts to assign fault to you.
What if the person who caused my paralysis has no insurance?
You may still have options. If the at-fault driver was uninsured or underinsured, your own auto policy’s UM/UIM coverage may apply. If a business or government entity was involved, they may carry liability coverage. We explore every possible source of compensation, including third-party defendants.
Call or text 800-321-6741 or complete a Free Case Evaluation form
