Back and spinal cord injuries · California
What to Expect When Working with a Back or Spinal Cord Injury Attorney
A back or spinal cord injury changes how you work, sleep and move. Here is what a California spine injury attorney does for you, step by step, from the first call to the final check.
Reviewed by Steven D. Green, Esq. · Updated
Key Takeaways
- Most California injury lawsuits must be filed within two years. A claim against a government agency is usually due in six months.
- Your attorney gathers proof of fault and proof of injury together: scene evidence, imaging, surgical records and your doctors' opinions about future care.
- A spine injury claim can cover future surgery, lost earning capacity and pain and suffering, along with bills you have already paid.
- Founding attorney Steven D. Green trained spine surgeons in the operating room before law school, and he reviews your medical records with that background.
- Injuries caused by medical care follow different rules: a shorter deadline and a cap on non-economic damages.
- Every case starts with a free case review.
What does a back or spinal cord injury attorney do?
A back or spinal cord injury attorney proves who caused your injury, documents what it will cost over your lifetime, and handles every insurer so you can focus on treatment. That means collecting evidence, getting your records and imaging, working with your doctors, valuing the claim, and negotiating or filing suit.
Most spine injury claims start with a car accident, a truck or motorcycle crash, a fall on unsafe property or a medical error. Injuries range from strains and herniated discs to fractures and paralysis. The attorney's job is the same in each case. Connect the injury to the event, then show its full cost.
Read more about the injuries themselves on our back injury lawyer page and our spinal cord injury lawyer page.
Your first call and free case review
The first conversation is free and confidential. We ask how the injury happened, what treatment you have had, who has contacted you, and whether a government agency or medical provider is involved. You get a plain answer about your deadlines, who may be responsible and what happens next, with no obligation.
Bring what you have. You do not need everything on day one.
- Photos of the scene, the vehicles or the hazard, and of your injuries
- The police or incident report number
- Your health insurance and auto insurance cards
- A list of every doctor, clinic and hospital you have seen
- Imaging reports, such as X-ray, CT or MRI results
- Letters or emails from any insurance company
- Recent pay stubs or tax records, if you have missed work
Ask any injury lawyer how fees and case costs work before you sign. California requires a contingency fee agreement to be in writing and to state that the fee is negotiable Bus. & Prof. Code 6147. Green Law Group explains its written fee agreement, including costs, during your free case review.
How a spine surgery background shapes your case
Before law school, founding attorney Steven D. Green managed medical device programs and trained surgeons in the operating room on spinal fusion and disc procedures. He reads MRI reports, surgical plans and operative notes with that background. It helps us explain your injury clearly and answer an insurer that tries to minimize it.
Steven's operating room work included:
- Percutaneous spinal fusion devices used in minimally invasive lumbar fusion
- Microdiscectomy
- Anterior cervical discectomy and fusion (ACDF)
- Lumbar and cervical total disc replacement
- Anterior and lateral lumbar fusion
- Posterior cervical discectomy and laminectomy
Insurers often point to age-related disc changes on an MRI and argue the crash or fall did not cause your pain. Knowing how surgeons read the same images helps us ask the right questions of your doctors and of the defense's witnesses. Steven later earned his law degree cum laude from Loyola University Chicago School of Law, with a certificate in Health Law. Learn more about Steven D. Green.
Building the case: evidence and medical proof
We gather proof of fault and proof of injury at the same time. After a crash, that means the police report, photos, video, vehicle damage and witnesses. After a fall, it means the property's condition and repair history. In every case, it means complete medical records, imaging and your doctors' opinions about future care.
If the injury came from surgery or other medical care, the investigation looks different. We review the full chart, the hospital's records and the timeline of care, and we have the case reviewed by qualified medical witnesses. See our medical malpractice lawyer page.
What we ask of you
- Keep every appointment and follow your treatment plan. Gaps in care are the first thing an insurer points to.
- Keep a short pain and activity journal. It helps you describe months of recovery accurately.
- Send us every letter from an insurer, and refer adjusters to us.
- Stay off social media about your injury and your activities.
What compensation can cover
A back or spinal cord injury claim can include past and future medical care, lost wages, lost earning capacity, changes to your home or vehicle, and help with daily tasks. It also includes non-economic damages for pain, lost mobility and lost enjoyment of life. Past medical bills are limited to amounts actually paid or incurred.
That last rule comes from the California Supreme Court Howell v. Hamilton Meats (2011) 52 Cal.4th 541. Future care is proven with your surgeons' recommendations and, in serious cases, a life care plan that prices therapy, equipment and assistance over time.
A prior back problem does not end your claim. You cannot recover for a condition you already had. California juries are instructed, though, to award damages when someone's wrongful conduct made an existing condition worse (CACI No. 3927). If you were partly at fault, your award is reduced by your share and is not barred Li v. Yellow Cab Co. (1975) 13 Cal.3d 804.
Deadlines for back and spinal cord injury claims
Most California personal injury lawsuits must be filed within two years of the injury. A claim against a city, county, state agency or other public entity is usually due within six months. Medical malpractice claims have their own deadline: three years from the injury or one year from discovery, whichever comes first.
The sources are CCP 335.1 for most injury lawsuits, Gov. Code 911.2(a) for government claims and CCP 340.5 for medical malpractice. Medical negligence cases also carry a cap on non-economic damages. For cases filed on or after January 1, 2023, the cap for non-death cases started at $350,000 and rises by $40,000 each January 1 until it reaches $750,000 Civ. Code 3333.2.
Enter your injury date in our California Claim Clock to see your own dates. Exceptions exist, so call us before you assume you are out of time.
How long a spinal injury case takes
There is no fixed timeline. Many cases cannot be valued until your doctors know whether you need surgery and how well you recover, and settling too early can leave future care unpaid. Once treatment stabilizes, we send a demand. Insurers must generally accept or deny a claim within 40 days of proof of claim.
That 40-day rule comes from California's fair claims regulations 10 CCR 2695.7(b). If the insurer will not pay a fair value, we file suit. Filing does not mean a trial is certain. Most cases still resolve by agreement, and you decide whether to accept any offer.
Through every stage, you can talk directly with an attorney. We take cases in all 58 California counties from our San Diego office.
Questions
Back and spinal cord injury attorney questions
How much does a back or spinal cord injury lawyer cost in California?
Ask any injury lawyer how fees and case costs work before you sign. California requires a contingency fee agreement to be in writing and to state that the fee is negotiable (Business and Professions Code section 6147). Green Law Group explains its written fee agreement, including costs, during your free case review.
How long do I have to file a back or spinal cord injury claim in California?
Most injury lawsuits must be filed within two years (Code of Civil Procedure section 335.1). A claim against a public entity is usually due within six months (Government Code section 911.2). If the injury came from medical care, the deadline is three years from the injury or one year from discovery, whichever comes first (Code of Civil Procedure section 340.5).
Should I settle before I know whether I need back surgery?
Usually not. A signed release generally ends the claim for good, even if you need surgery later. We usually wait until your doctors can say whether surgery or long-term care is likely, so the demand reflects the full cost. Your deadline still matters, so a lawsuit can be filed to protect the claim while treatment continues.
Can I still recover if I had back problems before the accident?
Yes. You cannot recover for a condition you already had, but California juries are instructed to award damages when someone's wrongful conduct made an existing condition worse (CACI No. 3927). Insurers often blame age-related disc changes, so clear medical records from before and after the injury matter.
Will I talk directly with an attorney?
Yes. At Green Law Group you can talk directly with an attorney about your case, and our phones are answered 24 hours a day at (888) 264-3780. Founding attorney Steven D. Green reviews back and spinal cord injury cases with the background he gained training spine surgeons in the operating room.
Free case review
Hurt your back or spine? Tell us what happened.
An attorney reviews every request. We take cases in all 58 California counties, and the review is free. No fee unless we win, and no costs if we don't. Phones answered 24 hours a day.
Free spine injury case review
It takes about 30 seconds.