Nerve Damage and Spinal Cord Injuries: Filing a Lawsuit for Lasting Pain

Spinal cord injuries (SCI) are among the most devastating injuries a person can experience. According to the National Spinal Cord Injury Statistical Center (NSCISC), approximately 17,730 new SCI cases occur each year in the United States, with an estimated 291,000 people living with SCI nationwide. Beyond the immediate trauma, SCIs often lead to chronic nerve damage, resulting in lasting pain and significantly impacting the victim’s quality of life. If your spinal cord injury and subsequent nerve damage were caused by someone else’s negligence, understanding your legal options is crucial. You may be able to file a lawsuit to recover compensation for your medical expenses, lost income, and the pain and suffering you have endured.

Understanding the Connection Between Spinal Cord Injuries and Nerve Damage

The spinal cord is a column of nerves that runs from the brain down the back, housed within the spinal column. These nerves transmit signals between the brain and the rest of the body, controlling movement, sensation, and various bodily functions. An SCI can disrupt these signals, leading to a range of impairments depending on the severity and location of the injury.

Nerve damage is a common consequence of SCI. The injury can directly damage nerve fibers within the spinal cord or disrupt the surrounding tissues, compressing or irritating the nerves. This damage can manifest in various ways, affecting motor, sensory, and autonomic nerve function.

Motor Nerve Damage: Can cause muscle weakness, atrophy, twitching, and even paralysis.
Sensory Nerve Damage: Can lead to pain, increased sensitivity, numbness, tingling, prickling, and burning sensations.
Autonomic Nerve Damage: Can affect involuntary bodily functions such as heart rate, digestion, blood pressure, and sweating.

Lasting Pain: A Debilitating Consequence

Chronic pain is a frequent and debilitating symptom of nerve damage following an SCI. This pain can be neuropathic, arising from the damaged nerves themselves, or nociceptive, stemming from tissue damage or inflammation. Regardless of its origin, chronic pain can significantly interfere with daily activities, sleep, mood, and overall well-being.

Causes of Spinal Cord Injuries and Nerve Damage

Spinal cord injuries can result from various traumatic events, including:

Car Accidents: Motor vehicle crashes are a leading cause of SCI, often due to the sudden impact and forceful movements involved.
Slips and Falls: Falls, especially among older adults, can lead to SCI, particularly if the fall involves trauma to the head or back.
Workplace Accidents: Construction sites and other hazardous work environments pose a risk of SCI due to falls, falling objects, and other incidents.
Sports Accidents: Contact sports like football and hockey can result in SCI, as can high-impact activities like skiing and snowboarding.
Acts of Violence: Gunshot wounds, stabbings, and other violent acts can directly damage the spinal cord.
Medical Malpractice: Although less common, surgical errors or other medical negligence can also cause SCI.

Legal Options for Victims of Nerve Damage and Spinal Cord Injuries

If you have suffered nerve damage and an SCI due to someone else’s negligence, you may have grounds for a personal injury lawsuit. A successful lawsuit can provide compensation for your losses, including:

Medical Expenses: Costs of treatment, rehabilitation, ongoing care, and assistive devices.
Lost Wages: Compensation for income lost due to the injury, including past and future earnings.
Pain and Suffering: Damages for physical and emotional pain, mental distress, and reduced quality of life.
Other Losses: Compensation for other expenses related to the injury, such as home modifications, vehicle adaptations, and lost enjoyment of life.

Filing a Lawsuit: Key Considerations

Negligence: To win a lawsuit, you must prove that the other party was negligent, meaning they failed to exercise reasonable care, and their negligence caused your injury.
Statute of Limitations: Each state has a time limit, known as the statute of limitations, for filing a personal injury lawsuit. It is crucial to consult with an attorney as soon as possible to ensure your claim is filed within the deadline.
Evidence: Gathering evidence is essential to support your claim. This may include medical records, witness statements, police reports, and expert testimony.
Damages: Documenting your losses is crucial to determine the value of your claim. This includes keeping track of medical bills, lost income, and other expenses.

Types of Damages You Can Claim

In a spinal cord injury lawsuit, compensation typically falls into two categories: economic and non-economic damages.

Economic Damages: These are measurable losses with a clear dollar amount, such as medical bills (past and future), lost wages or income, lost earning capacity, rehabilitation costs, modifications to your home or vehicle, and assistive equipment.
Non-Economic Damages: These damages compensate for intangible losses, such as chronic pain, emotional distress, loss of companionship, reduced quality of life, and physical limitations.

Judges and juries often use a multiplier, typically between 1.5 and 5 times the economic damages, based on the injury’s severity, permanence, and emotional toll, to calculate fair compensation for pain and suffering.

The Role of a Personal Injury Attorney

Navigating the legal complexities of an SCI case can be overwhelming. A personal injury attorney can provide invaluable guidance and support, including:

Investigating the Accident: Gathering evidence to determine the cause of the injury and identify liable parties.
Building a Strong Case: Working with medical experts and other professionals to establish the extent of your injuries and damages.
Negotiating with Insurance Companies: Handling negotiations with insurance companies to secure a fair settlement.
Representing You in Court: Litigating your case in court if a settlement cannot be reached.

Factors Affecting Settlement Value

Several factors can influence the value of a spinal cord injury claim, including:

Severity of the Injury: More severe injuries, such as those resulting in complete paralysis, typically result in higher settlements.
Medical Expenses: The cost of medical treatment and ongoing care is a significant factor in determining the value of a claim.
Lost Income: Compensation for lost wages and future earning capacity can significantly increase the value of a claim.
Pain and Suffering: The extent of pain and suffering experienced by the victim is a crucial factor in determining non-economic damages.
Insurance Coverage: The amount of insurance coverage available can impact the potential recovery in a lawsuit.
Jurisdiction: Payout amounts can vary based on jurisdiction, insurance limits, and the at-fault party’s resources.

Seeking Justice and Compensation

Living with nerve damage and lasting pain after a spinal cord injury can be incredibly challenging. Filing a lawsuit can provide financial resources to help you manage your medical expenses, lost income, and other losses. More importantly, it can hold the responsible party accountable for their negligence and provide a sense of justice. If you or a loved one has suffered a spinal cord injury and nerve damage due to someone else’s negligence, contact a personal injury attorney to discuss your legal options and pursue the compensation you deserve.