Types of Compensation You Can Claim for a Spinal Cord Injury

Types of Compensation You Can Claim for a Spinal Cord Injury

A spinal cord injury (SCI) can be a devastating event, leading to significant physical, emotional, and financial challenges. If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, you may be entitled to compensation. Understanding the types of compensation you can claim is crucial to securing the financial support needed to navigate the long road to recovery and adapt to a new way of life. Each year, almost 18,000 people in the U.S. experience a spinal cord injury.

Understanding Compensation in a Spinal Cord Injury Lawsuit

In a spinal cord injury lawsuit, compensation is typically divided into three main categories: economic damages, non-economic damages, and, in some cases, punitive damages. The goal of these damages is to provide financial support to the injured individual and address the physical, emotional, and financial hardships they face. The average settlement for a spinal injury is around \$700,000, though individual cases vary widely. Settlements for spinal cord injuries can range anywhere from \$100,000 to \$1 million or more in damages. Catastrophic cases with complete paralysis may exceed \$5 million.

Economic Damages: Covering Your Financial Losses

Economic damages, also known as special damages, are intended to compensate you for the actual financial losses you’ve incurred as a result of your spinal cord injury. These damages are typically easier to quantify as they involve tangible expenses and losses.

  • Medical Expenses: This is often the largest component of a spinal cord injury claim. It includes all past and future medical costs associated with the injury, such as:
    • Emergency care and ambulance transportation
    • Hospitalization and intensive care
    • Surgeries and follow-up procedures
    • Imaging tests (MRIs, CT scans, X-rays)
    • Prescription medications
    • Medical devices (wheelchairs, braces, etc.)
    • Rehabilitation and physical therapy
    • Occupational and speech therapy
    • In-home nursing care or assistance
  • Lost Wages and Loss of Earning Capacity: A spinal cord injury can significantly impact your ability to work and earn a living. You may be entitled to compensation for:
    • Wages lost during recovery and medical appointments
    • Future lost income if you cannot return to your previous job or work at all
    • Reduced earning capacity if you can only work in a lower-paying position
  • Assistive Devices and Home Modifications: Spinal cord injury victims may require assistive devices and modifications to their homes to accommodate their disability, including:
    • Wheelchairs and mobility aids
    • Ramps and widened doorways
    • Specialized vehicles
    • Home modifications to improve accessibility
  • Rehabilitation and Therapy: Spinal cord injuries often require extensive rehabilitation, physical therapy, occupational therapy, and other specialized treatments.
  • Cost of In-Home Assistance: Depending on the severity of the spinal cord injury, an array of in-home assistance may be necessary including cooking, cleaning, transportation services, lawn care, child care, etc.

Non-Economic Damages: Addressing Intangible Losses

Non-economic damages, also known as general damages, compensate you for the intangible losses you’ve suffered due to your spinal cord injury. These damages are more subjective and difficult to quantify, but they are essential to address the full impact of the injury on your life.

  • Pain and Suffering: This covers the physical pain and discomfort you’ve experienced as a result of the injury, as well as any ongoing pain you may experience in the future.
  • Emotional Distress and Mental Anguish: Spinal cord injuries can lead to significant emotional distress, anxiety, depression, and post-traumatic stress disorder (PTSD).
  • Loss of Enjoyment of Life: This compensates you for the activities and hobbies you can no longer participate in due to your injury.
  • Loss of Consortium: If you were married at the time of the accident, your spouse may be entitled to loss of consortium damages, which represent the lost ability to enjoy the same love, affection, and companionship as before the accident and spinal cord injury.
  • Physical Impairments: Compensation for any physical impairments you may have suffered.
  • Decrease in Quality of Life: Compensation for the overall decrease in your quality of life.

Punitive Damages: Punishing Egregious Behavior

In some cases, punitive damages may be awarded to punish the defendant for particularly reckless or intentional misconduct. These damages are not intended to compensate the injured party but rather to deter similar behavior in the future. Punitive damages are typically awarded in cases where the defendant’s actions were especially egregious, such as drunk driving or gross negligence.

Factors Affecting Compensation Amounts

The amount of compensation you may recover in a spinal cord injury case depends on several factors, including:

  • Severity of the Injury: The more severe the injury, the higher the potential compensation. Complete injuries resulting in total loss of function typically result in higher settlements than incomplete injuries.
  • Medical Expenses: The extent of your past and future medical expenses will significantly impact the value of your claim.
  • Lost Income and Earning Capacity: The amount of income you’ve lost and will lose in the future due to your injury will be a major factor in determining compensation.
  • Pain and Suffering: The level of pain and suffering you’ve experienced will be considered when calculating non-economic damages.
  • Age: Younger individuals with longer life expectancies may be entitled to higher compensation to cover their long-term needs.
  • Jurisdiction: Payout amounts can vary based on jurisdiction, insurance limits, and the at-fault party’s resources.
  • Clarity of Liability: Clear liability versus shared fault.

The Importance of Legal Representation

Pursuing a spinal cord injury claim can be a complex and challenging process. It’s essential to have an experienced personal injury attorney on your side to protect your rights and help you navigate the legal system. A skilled attorney can:

  • Investigate the cause of your injuries and identify the liable party.
  • Collect evidence to prove negligence and support your claim.
  • Negotiate a fair settlement with the liable party and the insurer.
  • File a personal injury lawsuit if necessary.
  • Represent you in court and present your case to a jury.
  • Ensure you meet all deadlines, including the statute of limitations.

Statute of Limitations

It’s crucial to be aware of the statute of limitations, which is the time limit for filing a lawsuit. The statute of limitations varies by state, so it’s essential to consult with an attorney as soon as possible to ensure you don’t miss the deadline. In Washington D.C., the statute of limitations is three years. In Georgia, it is two years from the date of the injury.

Taking Action

If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, it’s essential to take action to protect your rights and secure the compensation you deserve. Contact an experienced personal injury attorney today to discuss your case and explore your legal options. With the right legal representation, you can focus on your recovery while your attorney fights for the financial support you need to rebuild your life.