How Much Is a Spinal Cord Injury Worth in a Lawsuit?
How Much Is a Spinal Cord Injury Worth in a Lawsuit?
Spinal cord injuries typically occur in forceful accidents, including slips and falls, motor vehicle collisions, motorcycle accidents, pedestrian accidents, and construction site accidents.
If you or a person you love suffered a spinal cord injury in one of these occurrences, speak with a spinal cord injury lawyer in your area right away.
Your lawyer can file a claim or lawsuit against the at-fault party – or their insurance company – seeking various types of compensation. Your lawyer can aggressively negotiate on your behalf to pursue a favorable settlement offer or litigate your case to an efficient resolution in the state court system.
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Accidents that can Lead to Spinal Cord Injuries
Spinal cord injuries can result from others’ negligence. These catastrophic injuries profoundly affect victims’ lives, affecting their mobility, sensation, and overall well-being.
Among the most common accidents leading to spinal cord injuries are:
- Car Accidents – Road crashes remain a leading cause of spinal cord injuries. Impact forces during collisions can cause severe damage to the spinal cord, particularly in cases of high-speed accidents or rollovers.
- Slip and Fall Accidents – Slippery floors, uneven surfaces, or inadequate lighting in public spaces or private properties can lead to slip and fall accidents. When these incidents occur due to negligence, such as failure to maintain safe premises or address hazards promptly, victims may suffer spinal cord injuries, especially if they land on their backs or necks.
- Workplace Accidents – Jobs involving construction, manufacturing, or heavy machinery pose risks of spinal cord injuries due to falls from heights, machinery malfunctions, or being struck by objects. Employers have a legal duty to provide a safe working environment and proper training to minimize such risks. Neglecting these responsibilities can result in devastating consequences for workers.
- Sports Injuries – Participating in contact sports like football, rugby, or hockey increases the likelihood of spinal cord injuries – particularly if proper safety equipment isn’t used or rules aren’t followed. Collisions, falls, or tackles can cause trauma to the spine, highlighting the importance of sports safety protocols and appropriate protective gear.
- Violence and Assault – Intentional acts of violence – including physical assaults, stabbings, or shootings that occur on others’ property due to negligent security – can cause spinal cord injuries. Victims of such crimes may suffer lifelong disabilities and psychological trauma.
Types of Spinal Cord Injuries that May Result from Others’ Negligence
Here are some common types of spinal cord injuries and associated medical treatments that result from the negligence that can cause them:
- Herniated Discs – Accidents like car crashes or slips and falls can cause herniated discs, where the soft inner material of a spinal disc protrudes through the tough outer layer. Treatment may involve physical therapy, pain management techniques, and, in severe cases, surgical procedures like discectomy to remove the damaged disc material.
- Compression Fractures – Traumatic accidents can also result in compression fractures of the vertebrae, causing intense pain and potentially spinal cord compression. Treatment options include bracing, pain medication, and, in some cases, surgical intervention such as vertebroplasty or kyphoplasty to stabilize the fractured vertebrae.
- Spinal Cord Contusions – Severe impacts to the spine can lead to contusions or bruising of the spinal cord, disrupting nerve function and causing neurological problems. Treatment focuses on stabilizing the spine, managing symptoms, and rehabilitation to improve mobility and function. In some cases, surgery may become necessary to decompress the spinal cord or stabilize the spine.
- Spinal Cord Lacerations – Accidents involving sharp objects or penetrating trauma can cause lacerations or cuts to the spinal cord, resulting in partial or complete paralysis. Treatment may involve surgery to repair the damaged tissue, followed by intensive rehabilitation to maximize recovery and restore function to the greatest extent possible.
Accident victims who suffer spinal cord injuries due to others’ negligence may be entitled to compensation for medical expenses, lost income, pain and suffering, and long-term disability.
Accident victims may also receive compensation for related medical treatment, including emergency medical care, hospitalization, surgery, rehabilitation therapy, assistive devices such as wheelchairs or braces, and ongoing medical monitoring.
A qualified and compassionate personal injury attorney can help accident victims understand their rights, navigate the legal process, and pursue fair compensation for their spinal cord injuries and related expenses.
Determining the Value of a Spinal Cord Injury Claim or Lawsuit
Determining the value of a spinal cord injury claim or lawsuit involves several key factors that assess the extent of the victim’s losses and the effect of the injury on their life. These factors help calculate fair compensation to cover medical expenses, lost income, pain and suffering, and other related damages.
Here are some factors that influence the value of a spinal cord injury case:
- Severity of the Injury – The severity of the spinal cord injury greatly affects the value of the case. Injuries resulting in complete paralysis, such as quadriplegia or paraplegia, typically result in higher compensation due to the significant effect on the victim’s quality of life and future earning potential.
- Medical Expenses – The cost of related medical treatment, including emergency care, surgeries, hospitalization, occupational or physical therapy, and assistive devices, is a significant factor in determining compensation. This includes both current and anticipated future medical expenses related to the spinal cord injury.
- Lost Income and Earning Capacity – Spinal cord injuries often result in temporary or permanent disability, affecting the victim’s ability to work and earn a living. Compensation may include lost wages from missed work, as well as future earning capacity if the injury prevents the victim from returning to their previous occupation or limits their ability to pursue future career opportunities.
- Pain and Suffering – The physical pain, emotional distress, and loss of enjoyment of life experienced as a result of the spinal cord injury are considerations in determining compensation for pain and suffering. This subjective factor considers the individual circumstances and the effect of the injury on the victim’s daily life and well-being.
- Long-Term Care and Assistance – Spinal cord injuries often require ongoing medical care, personal assistance, and modifications to the home environment to accommodate the victim’s needs. Compensation may cover the cost of long-term care services, home modifications, and support for the activities of daily living.
In cases involving gross negligence or intentional wrongdoing, courts may award punitive damages to punish the responsible party and deter similar misconduct.
An experienced personal injury lawyer can determine your case’s likely settlement or litigation value, hold negligent parties accountable, and pursue the financial resources necessary to rebuild your life.
Settling or Litigating a Spinal Cord Injury Case
Deciding whether to settle or litigate a spinal cord injury case is a crucial decision that requires careful consideration of various factors. Both options have pros and cons, and the best choice depends on the specific circumstances of the case and the injured party’s goals.
Here are some key factors to consider when making this decision:
- Strength of the Case – Assessing the strength of the case involves evaluating the evidence, legal precedents, and the likelihood of success in court. Litigation may recover maximum compensation if the evidence strongly supports the victim’s negligence claims and damages. However, if the case lacks strong evidence or faces significant legal challenges, settling out of court may make more sense.
- Time and Cost – Litigation can be a lengthy and expensive process, requiring extensive legal proceedings, court appearances, and expert testimony. In contrast, settling a case can be quicker and more cost-effective, avoiding the time and expense of a trial. Consideration should be given to the financial resources available to pursue litigation and the effects of prolonged legal proceedings on the victim’s recovery and quality of life.
- Risk Tolerance – Litigation carries inherent risks, including the possibility of an unfavorable court ruling or a lengthy appeals process. Settlement offers a degree of certainty, allowing the injured party to secure compensation without the uncertainty and stress of a trial. Understanding one’s risk tolerance and willingness to gamble on the outcome of litigation is essential in deciding whether to settle or litigate.
- Long-Term Needs – Spinal cord injuries often require ongoing medical care, rehabilitation, and support services for years to come. When considering settlement offers, let your lawyer assess whether the proposed compensation adequately addresses both current and future needs. Settlements can provide lump-sum payments or structured settlements tailored to meet the victim’s long-term financial requirements.
- Emotional Effect – Litigation can be emotionally draining, requiring the victim to relive traumatic events and endure the stress of legal proceedings. Settlement offers the opportunity to resolve the case efficiently and move forward with the healing process without the emotional toll of a trial.
Ultimately, the decision to settle or litigate a spinal cord injury case should be made in consultation with experienced legal counsel. A knowledgeable personal injury attorney can provide guidance based on the specific circumstances of the case, weigh the factors outlined above, and help victims make informed decisions that align with their best interests and goals for compensation.
What Happens at a Trial Involving a Spinal Cord Injury?
A trial involving a spinal cord injury is a complex legal process where the injured party seeks to prove negligence on the part of the defendant and obtain compensation for their damages.
Here’s what typically happens during a trial:
- Jury Selection – The trial begins with the selection of a jury. Both the plaintiff (the injured party) and the defendant (the party being sued) have the opportunity to question potential jurors to ensure a fair and impartial panel.
- Opening Statements – Attorneys for both sides present opening statements outlining their arguments and the evidence they intend to present. The plaintiff’s attorney outlines how the defendant’s negligence caused the spinal cord injury and the resulting damages that the plaintiff suffered.
- Presentation of Evidence – The plaintiff’s attorney presents evidence to support their case, including medical records, expert testimony, eyewitness accounts, and other relevant documentation. This evidence demonstrates the defendant’s negligence and the extent of the plaintiff’s injuries and damages.
- Cross-Examination – The defendant’s attorney then can cross-examine witnesses that the plaintiff’s attorney calls.
- Defense Presentation – After the plaintiff’s case, the defense presents its evidence and witnesses.
- Closing Arguments – Attorneys for both sides make closing arguments summarizing the evidence presented during the trial and urging the jury to reach a verdict in their favor. The plaintiff’s attorney emphasizes the defendant’s negligence and the effect of the spinal cord injury on the plaintiff’s life.
- Jury Deliberation and Verdict – The jury then deliberates in private to reach a verdict based on the evidence presented during the trial. They must determine whether the defendant was negligent and if this negligence caused the plaintiff’s spinal cord injury. If the jury finds in favor of the plaintiff, it may award compensation for damages such as medical expenses, lost income, pain and suffering, lost quality of life, and future care needs.
A trial involving a spinal cord injury is a rigorous legal process aimed at determining liability and providing just compensation for the injured party’s losses and suffering.
If you or someone you love recently suffered a spinal cord injury, an experienced and compassionate personal injury lawyer can help you decide if a trial is the right option for your case. If so, your lawyer will aggressively represent you in the courtroom, introduce evidence on your behalf, and pursue a verdict that fairly compensates you for your accident-related losses.
Speak With a Knowledgeable Personal Injury Lawyer Right Away About Your Options
If you or a person you love suffered a spinal cord injury due to someone else’s negligence, talk with a personal injury attorney in your area as soon as possible.
Once you complete your medical treatment, your attorney can investigate your accident circumstances and file a claim or lawsuit seeking the compensation and justice you deserve.