Maximizing Your Claim: What Damages Can You Receive in a Spinal Cord Injury Lawsuit?

Maximizing Your Claim: What Damages Can You Receive in a Spinal Cord Injury Lawsuit?

A spinal cord injury (SCI) is a devastating event, impacting every facet of a person’s life. Beyond the immediate physical trauma, SCIs often lead to long-term medical needs, emotional distress, and financial strain. If you’ve suffered a spinal cord injury due to someone else’s negligence, you have the right to seek compensation through a personal injury lawsuit. Understanding the types of damages you can claim is crucial to maximizing your potential recovery and securing your future.

In the U.S. motor vehicle accidents account for 38% of spinal cord injuries, followed by falls at 32%. Gunshot violence accounts for 14% and recreational sports account for 8%.

Understanding Damages in a Spinal Cord Injury Lawsuit

“Damages” refer to the financial compensation you can recover in a lawsuit for the losses resulting from your injury. The goal of damages is to make you “whole” again, as much as possible, by covering the costs and hardships you’ve endured and will continue to face. Because no amount of money can truly compensate for the life-altering consequences of an SCI, the legal system focuses on providing financial resources to help victims manage their new reality.

Compensation in a spinal cord injury case is typically divided into two main categories: economic and non-economic damages.

Economic Damages: Quantifiable Financial Losses

Economic damages, also known as special damages, compensate you for the tangible financial losses you’ve incurred due to the spinal cord injury. These are typically easier to calculate because they are based on actual expenses and financial records. Common types of economic damages include:

  • Medical Expenses: This is often the most significant component of economic damages in SCI cases. It covers all past, present, and future medical costs related to the injury, including:
    • Emergency care, surgeries, and hospital stays
    • Ongoing treatment, doctor visits, and medications
    • Physical therapy, occupational therapy, and rehabilitation
    • Assistive devices such as wheelchairs, walkers, and braces
    • Home modifications to improve accessibility, such as ramps, widened doorways, and accessible bathrooms
    • Vehicle modifications for wheelchair access
    • Long-term care and in-home assistance
  • Lost Wages and Lost Earning Capacity: Spinal cord injuries often prevent victims from returning to their previous employment or working at all. You can claim compensation for:
    • Past lost wages: Income lost from the time of the injury until the settlement or trial.
    • Future lost earning capacity: The income you would have earned over your lifetime if the injury had not occurred. This calculation considers your age, education, skills, and career trajectory.
  • Other Out-of-Pocket Expenses: This category includes any other financial losses you’ve incurred due to the injury, such as:
    • Transportation costs to and from medical appointments
    • Cost of household services you can no longer perform
    • Vocational rehabilitation

Non-Economic Damages: Addressing Intangible Losses

Non-economic damages, also called general damages, compensate you for the intangible, subjective losses you’ve experienced due to the spinal cord injury. These damages are more difficult to quantify because they don’t have a specific dollar value attached to them. However, they are a crucial part of a spinal cord injury claim, as they address the profound personal and emotional toll the injury has taken. Common types of non-economic damages include:

  • Pain and Suffering: This covers the physical pain and emotional distress you’ve endured due to the injury, medical treatment, and recovery process. It can include chronic pain, discomfort, and limitations on your physical abilities.
  • Emotional Distress: Spinal cord injuries can lead to a range of psychological issues, such as depression, anxiety, post-traumatic stress disorder (PTSD), and feelings of isolation. Compensation for emotional distress aims to address these mental health challenges.
  • Loss of Enjoyment of Life: This compensates you for the activities and hobbies you can no longer participate in due to the injury. It recognizes the diminished quality of life you’ve experienced.
  • Loss of Consortium: If you are married, your spouse may be entitled to compensation for the loss of companionship, intimacy, and support they’ve experienced as a result of your injury.
  • Physical Impairment: Compensation may be available for physical impairments, decrease in quality of life, and decrease in enjoyment of life.
  • Scarring and Disfigurement: Visible scars and disfigurement resulting from the injury can have a significant emotional impact. You can seek compensation for the psychological distress caused by these physical changes.

Punitive Damages: Punishing Egregious Conduct

In some cases, punitive damages may be awarded in addition to economic and non-economic damages. Punitive damages are not intended to compensate the injured party but rather to punish the defendant for particularly reckless or intentional misconduct. These damages are typically awarded when the defendant’s actions were grossly negligent or malicious, such as in cases involving drunk driving or intentional harm. However, Utah courts require clear and convincing evidence before awarding punitive damages, and they are not common in every case.

Factors Affecting the Value of Your Claim

The value of a spinal cord injury claim depends on numerous factors, including:

  • Severity and Level of the Injury: Complete injuries resulting in total paralysis typically result in higher compensation than incomplete injuries with some remaining function. The location of the injury along the spinal cord also affects the value of the claim. Injuries to the cervical spine (neck) often lead to tetraplegia (quadriplegia), which can result in greater damages than injuries to the thoracic (mid-back) or lumbar (lower back) spine.
  • Cause of the Injury: The circumstances surrounding the injury can impact the value of the claim. For example, cases involving motor vehicle accidents, medical malpractice, or workplace accidents may have different standards of liability and insurance coverage.
  • Age and Overall Health of the Injured Person: Younger individuals with a longer life expectancy may be entitled to greater compensation for future medical expenses and lost earnings. The overall health of the injured person prior to the accident can also be a factor.
  • Degree of Negligence or Misconduct: The more egregious the defendant’s actions, the higher the potential value of the claim.
  • State Laws and Jury Tendencies: The laws of the state where the lawsuit is filed can affect the types and amounts of damages available. Jury tendencies in that jurisdiction can also influence settlement amounts.

The Importance of Legal Representation

Pursuing a spinal cord injury lawsuit can be a complex and challenging process. It’s crucial to have an experienced attorney on your side who can:

  • Investigate the accident and gather evidence to prove liability.
  • Work with medical experts to assess the full extent of your injuries and future medical needs.
  • Calculate your economic and non-economic damages accurately.
  • Negotiate with the insurance company to reach a fair settlement.
  • Represent you in court if a settlement cannot be reached.

Advice

  • Seek Medical Attention Immediately: Prompt medical care is essential for your health and can also help document the extent of your injuries for your legal claim.
  • Document Everything: Keep records of all medical bills, lost wages, and other expenses related to your injury. Also, document the impact your injury has had on your daily life, including pain levels, emotional distress, and limitations on activities.
  • Consult with an Attorney: An experienced spinal cord injury attorney can evaluate your case, advise you on your legal options, and help you maximize your potential recovery.
  • Be Patient: Spinal cord injury cases can take time to resolve. Be prepared for a lengthy process and trust your attorney to guide you through each step.
  • Don’t Accept a Quick Settlement: Insurance companies may try to offer you a quick settlement before you fully understand the extent of your damages. Don’t accept any offer without first consulting with an attorney.

Conclusion

If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, it’s essential to understand your rights and the types of damages you can claim. By working with an experienced attorney and gathering the necessary evidence, you can maximize your potential recovery and secure the financial resources you need to rebuild your life.