$1.1 Million Settlement: Spinal Cord Stimulator After Elevator Accident – What’s Covered?

Elevator accidents can lead to severe, life-altering injuries. When negligence is involved, victims may be entitled to significant compensation. A recent case highlights this, with a $1.1 million settlement awarded to a person who required a spinal cord stimulator after an elevator accident. But what does such a settlement cover, and what factors contribute to its value?

Understanding Spinal Cord Injuries from Elevator Accidents

Elevator accidents, though relatively rare, can result in devastating injuries. According to the Centers for Disease Control and Prevention (CDC), falls are among the leading causes of traumatic brain injury (TBI) and spinal cord injuries (SCI) in the United States. While the CDC doesn’t specifically track elevator-related injuries, the mechanisms of injury – sudden stops, falls within the elevator, or being caught between doors – can easily lead to SCI.

Spinal cord injuries can range in severity, from temporary pain and numbness to permanent paralysis. In severe cases, individuals may require extensive medical treatment, including surgery and long-term rehabilitation. A spinal cord stimulator is a device implanted to manage chronic pain by sending electrical impulses to the spinal cord, disrupting pain signals to the brain. The need for such a device indicates a significant and lasting injury.

What Does a $1.1 Million Settlement Cover?

A settlement of this magnitude is intended to compensate the victim for a wide range of losses, both economic and non-economic. Here’s a breakdown of what might be covered:

Medical Expenses: This is often the largest component of a settlement involving a spinal cord stimulator. It includes the cost of the device itself, the implantation surgery, follow-up care, physical therapy, pain management, and any other related medical treatments. Future medical expenses are also considered, requiring expert testimony to project the long-term costs of care.
Lost Wages: If the injury prevents the victim from working, the settlement can compensate for lost income. This includes both past lost wages and future lost earning capacity. Calculating future lost earnings often involves vocational experts who assess the victim’s ability to return to work and estimate potential income loss over their lifetime.
Pain and Suffering: This compensates the victim for the physical pain and emotional distress caused by the injury. It’s a subjective element, but it can be a significant portion of the settlement, especially in cases involving chronic pain and disability. Factors considered include the severity of the pain, its impact on the victim’s daily life, and the duration of the suffering.
Other Damages: Depending on the circumstances, a settlement may also cover other damages, such as:
- Property Damage: If any personal property was damaged in the accident.
- Loss of Consortium: Compensation to the victim’s spouse for the loss of companionship, intimacy, and support.
- Home Modifications: Costs associated with modifying the victim’s home to accommodate their disability (e.g., wheelchair ramps, accessible bathrooms).
- Assistive Devices: The cost of wheelchairs, walkers, and other assistive devices.

Factors Influencing Settlement Value

Several factors influence the value of a personal injury settlement. These include:

Severity of the Injury: More severe injuries, such as those requiring a spinal cord stimulator, typically result in higher settlements.
Liability: The clearer the negligence of the responsible party, the stronger the case and the higher the potential settlement. Evidence of faulty elevator maintenance, code violations, or prior incidents can strengthen a claim.
Jurisdiction: The location of the accident can impact settlement value. Some jurisdictions are more favorable to plaintiffs than others.
Insurance Coverage: The amount of insurance coverage available can limit the potential settlement. If the responsible party has limited insurance, it may be necessary to pursue other avenues of recovery, such as suing the property owner or elevator maintenance company directly.
Expert Testimony: Expert witnesses, such as medical professionals, economists, and vocational experts, play a crucial role in establishing the extent of the damages and the long-term impact of the injury.

The Role of Negligence

In most elevator accident cases, negligence is a key element. To recover compensation, the victim must prove that the accident was caused by the negligence of another party. This could include:

Property Owners: Landlords and property owners have a duty to maintain their premises in a safe condition, including elevators. This includes regular inspections, maintenance, and repairs.
Elevator Maintenance Companies: Companies that service and maintain elevators have a duty to perform their work with reasonable care. Negligent maintenance or repairs can lead to accidents.
Elevator Manufacturers: In some cases, a defective elevator design or manufacturing defect can cause an accident. In these situations, the manufacturer may be liable.

Seeking Legal Assistance

Navigating the legal complexities of an elevator accident case can be challenging. It’s essential to seek legal assistance from an experienced personal injury attorney who can:

Investigate the Accident: Gather evidence to determine the cause of the accident and identify all responsible parties.
Evaluate the Damages: Assess the full extent of the damages, including medical expenses, lost wages, and pain and suffering.
Negotiate with Insurance Companies: Handle all communications with insurance companies and negotiate a fair settlement.
File a Lawsuit: If a fair settlement cannot be reached, file a lawsuit and represent the victim in court.

What to Do After an Elevator Accident

If you’ve been involved in an elevator accident, here are some steps you should take:

Seek Medical Attention: Your health is the top priority. Even if you don’t think you’re seriously injured, it’s important to get checked out by a doctor. Some injuries may not be immediately apparent.
Report the Accident: Report the accident to the property owner or manager.
Gather Evidence: If possible, take photos of the accident scene, including the elevator, any visible hazards, and your injuries.
Contact an Attorney: Consult with a personal injury attorney as soon as possible to discuss your legal options.

Preventing Elevator Accidents

While you can’t control the maintenance of elevators, there are some precautions you can take to minimize your risk of injury:

Pay Attention: Be aware of your surroundings when entering and exiting an elevator.
Don’t Overload: Never overload an elevator.
Stand Clear of Doors: Keep a safe distance from the doors to avoid being caught between them.
Report Problems: If you notice any problems with an elevator, such as unusual noises or jerky movements, report it to the property owner or manager.

Conclusion

A $1.1 million settlement for a spinal cord stimulator after an elevator accident reflects the significant damages that can result from such incidents. Understanding what these settlements cover and the factors that influence their value is crucial for victims seeking fair compensation. If you or a loved one has been injured in an elevator accident, seeking legal assistance is essential to protect your rights and pursue the compensation you deserve.