Understanding the financial implications of a spinal cord injury is vital for anyone affected by such a traumatic event. These injuries often lead to considerable lifestyle changes and financial burdens.
The average settlement for a spinal cord injury shifts widely based on numerous factors, including the severity of the injury and the associated costs of care and rehabilitation.
Settlement amounts for spinal cord injuries can range dramatically. They reflect the profound impact these injuries have on individuals’ lives. Factors influencing settlement amounts include medical expenses, the ability to work, and the need for ongoing care.
At Good Guys Injury Law, we are here to fight for you. Learn more about spinal cord injury cases below. Then, contact us to schedule a free case consultation.
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What Is a Spinal Cord Injury?
A spinal cord injury covers damage to the spinal cord that affects nerve communications between the brain and parts of the body. This injury can lead to partial or complete motor control and sensation loss. The spinal cord doesn’t need to be severed for functioning loss to occur; even a bruised cord can cause significant impairment.
These injuries are considered extreme due to their immediate and long-lasting effects. The consequences of a spinal cord injury hinge on the location and severity of the damage. Injuries to the upper part of the spinal cord may result in quadriplegia, while lower injuries could cause paraplegia.
Knowing the nature of these injuries is critical for effective medical and legal response. Our spinal cord injury lawyer has experience litigating these cases and can offer legal guidance.
Types of Spinal Cord Injuries
- Complete. A complete spinal cord injury means there is no sensory or motor function past the level of the injury. These victims are often unable to move or feel anything below the injury site.
- Incomplete. Incomplete injuries allow for some function or sensation below the injury. The extent varies widely among individuals.
- Anterior cord syndrome. This type affects the front of the spinal cord, impairing sensory and motor pathways. It often results in decreased motor function below the injury level.
- Central cord syndrome. Central cord syndrome typically results from damage to the center of the spinal cord and leads to loss of function in the arms, but some leg functionality might be preserved.
- Posterior cord syndrome. This type affects the back of the spinal cord. It affects coordination and body awareness (proprioception).
- Brown-séquard syndrome. One side of the spinal cord is damaged more severely than the other, leading to varied symptoms on either side of the body.
- Cauda equina syndrome. This occurs when the nerve roots below the spinal cord level are damaged. It affects leg movement and internal organ function.
Short-Term and Long-Term Effects of Spinal Cord Injuries
- Immediate impact. Spinal cord injuries can cause immediate paralysis and loss of sensation below the injury site. Emergency medical treatment is needed.
- Chronic pain. Many victims experience ongoing pain, which can be debilitating and difficult to manage even with medication.
- Mobility issues. Short-term mobility loss can lead to long-term disabilities requiring physical therapy or mobility aids.
- Respiratory problems. Respiratory functions can be impaired depending on the injury level, necessitating long-term respiratory support.
- Bladder and bowel dysfunction. These functions often get disrupted, affecting a person’s independence and requiring ongoing medical care.
- Emotional effects. The sudden and drastic change in lifestyle can lead to depression, anxiety, and emotional distress.
- Long-term care needs. For many, ongoing medical care, rehabilitation, and personal assistance may become permanent.
Impact of Spinal Cord Injuries on Daily Life and Mobility
- Personal care. Victims may need assistance with daily tasks like dressing, bathing, and eating.
- Transportation. Adjustments may be necessary to allow for vehicle modifications to accommodate wheelchairs.
- Home modifications. Homes often need significant alterations like ramps, widened doorways, and specialized bathroom equipment.
- Employment challenges. Returning to work can be difficult or impossible, depending on the severity of the injury.
- Social interactions. Changes in mobility and independence can affect social relationships and activities.
- Recreational activities. Many individuals may need to give up or modify their hobbies and recreational activities.
- Dependency. Increased dependence on others for basic and complex needs can highly affect a person’s quality of life.
How Do Spinal Cord Injuries Happen?
- Vehicle accidents. Car accidents can severely damage the spine. Most spinal cord injuries require immediate medical attention.
- Falls. Particularly among older adults, falls can result in spinal cord injuries, especially falls from significant heights.
- Sports injuries. Contact sports like football or diving in shallow water can lead to spinal injuries.
- Violence. Gunshot wounds and stabbings are major causes of spinal cord injuries in cases of violent assault.
- Workplace accidents. Jobs that involve heavy lifting or falls from heights, such as construction, are at high risk for spinal injuries.
- Medical or surgical complications. Mistakes during surgical procedures can inadvertently damage the spinal cord.
- Diseases. Conditions like cancer, arthritis, or infections can also lead to spinal cord impairments.
Factors That Affect the Value of a Spinal Cord Injury Settlement
Several key factors influence the value of a spinal cord injury settlement. These include the severity of the injury, the total medical costs incurred and anticipated, the effect on the victim’s ability to work, and the emotional toll on the victim and their family.
Understanding these factors is crucial when negotiating settlements or preparing for trial.
Severity of the Injury
The worse the injury, the greater the potential settlement. Severe injuries may result in greater disability and, thus, require more extensive compensation.
The level of the injured spinal cord will considerably influence the overall challenges on mobility and bodily functions, which is an essential factor in determining settlement amounts.
Medical Expenses, Rehabilitation, and Long-Term Care Costs
Medical expenses can include immediate emergency care, surgery, hospitalization, and ongoing treatments such as physical therapy.
Rehabilitation costs can be extensive, with spinal cord injury victims often requiring multiple rehabilitation services to regain as much function as possible.
Long-term care might include personal aides, modifications to the home, and specialized medical equipment, all of which contribute to the settlement value.
Loss of Wages and Future Earning Capacity
A spinal cord injury can dramatically change a person’s career path. Many victims cannot return to their former jobs and may be unable to work.
Compensation typically reflects the current and future lost wages, considering the victim’s age, career trajectory, and earning potential during the injury.
Emotional and Psychological Impact on the Victim and Family
Spinal cord injuries not only cause physical pain but also significant emotional and psychological distress.
Victims may suffer from depression, anxiety, and loss of enjoyment of life, which should be compensated. The emotional toll on family members, who often become caregivers, is also considered in settlements.
Insurance Coverage and the Defendant’s Ability To Pay
If insurance does not fully cover the damages, the defendant’s insurance coverage limits and personal assets can affect the settlement amount.
Sometimes, settlements are negotiated based on what the defendant can realistically pay. It is vital to have a lawyer who can explore all potential sources of compensation to maximize the settlement.
How Compensation Is Calculated in Spinal Cord Injury Cases
- Assessing the total medical expenses. Lawyers start by calculating the total cost of past medical bills and estimated future medical expenses.
- Calculating lost income. This includes lost wages from the time of injury to the present and projected future income losses.
- Evaluating non-economic damages. Pain and suffering, loss of enjoyment of life, and emotional distress are quantified.
- Considering the need for future care. Costs for ongoing care, including personal aides and therapies, are added to the compensation calculation.
- Adjusting for contributory negligence. If the victim had a role in causing the injury, the settlement might be adjusted accordingly.
- Analyzing the impact on quality of life. Changes in the victim’s ability to engage in personal and social activities are considered.
- Finalizing the settlement amount. All these factors are compiled to propose a settlement amount or to prepare for trial.
Legal Process for Filing a Spinal Cord Injury Claim
Submitting a claim for a spinal cord injury involves several critical steps that require careful attention to detail and adherence to legal standards. The process begins by gathering all relevant information about the accident and the injuries.
Investigating the Accident and Gathering Medical Evidence
A detailed investigation of the incident scene and evidence collection are needed. Medical records are critical for establishing the extent of injuries and their effect on the victim’s life. These records form the foundation of the claim.
Working With Medical Experts to Assess Future Costs
Medical experts help estimate the long-term repercussions of the injury. This assessment is vital for calculating future medical expenses and needs, which are a major part of the claim.
Negotiating Settlements With Insurance Companies or Filing a Lawsuit
Initial negotiations with insurance companies aim to reach a settlement covering all damages. If a satisfactory settlement cannot be reached, the case may proceed to court.
An experienced lawyer will guide you through these negotiations and, if necessary, represent the victim in court to ensure the best possible outcome.
Contact Our Utah Spinal Cord Injury Lawyer for a Free Consultation
If you or a loved one has suffered a spinal cord injury, it is essential to seek legal assistance immediately. At Good Guys Injury Law, we treat each spinal cord injury victim with care and compassion.
We have experience with all types of personal injury cases. Seek immediate medical attention for any spinal injury. Then, contact us to schedule a free consultation to discuss your spinal cord injury case.