What Damages Can You Claim in a Spinal Cord Injury Lawsuit?

A spinal cord injury (SCI) can be one of the most devastating and life-altering events a person can experience. Beyond the immediate physical trauma, SCIs often lead to long-term medical needs, emotional challenges, and significant financial burdens. If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, you may be wondering, “What damages can you claim in a spinal cord injury lawsuit?” Understanding the types of compensation available is crucial to securing your future and ensuring you have the resources necessary for ongoing care and a fulfilling life.

The Financial Toll of Spinal Cord Injuries

The costs associated with spinal cord injuries are astronomical. According to the National Spinal Cord Injury Statistical Center (NSCISC), the cost of living with a spinal cord injury can range from $1.2 million to $5.1 million over a lifetime, depending on the severity and location of the injury. These figures account for healthcare costs and living expenses directly related to the SCI but don’t include indirect losses like lost earnings. For example, a high tetraplegia (quadriplegia) affecting the C1-C4 vertebrae can cost over \$1 million in the first year alone. Lifetime costs for a 25-year-old with high tetraplegia can exceed $5 million.

Types of Damages Available in a Spinal Cord Injury Case

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.

1. Economic Damages: Covering Your Financial Losses

Economic damages aim to compensate you for the tangible financial losses resulting from the injury. These damages are typically easier to calculate as they involve verifiable expenses and losses. Common types of economic damages include:

Medical Expenses: This is often the most significant component of economic damages. It includes all past, current, and future medical costs associated with the SCI, such as:
- Emergency care, surgeries, and hospital stays
- Ongoing treatments, rehabilitation, and physical therapy
- Prescription medications and medical supplies
- Specialized equipment like wheelchairs, mobility aids, and home modifications for accessibility
Lost Wages and Reduced Earning Capacity: A spinal cord injury can significantly impact your ability to work and earn a living. Compensation can cover:
- Lost income from the time of the injury to the present
- Future lost earnings if you cannot return to your previous job or must take a lower-paying position
- Loss of potential career advancement and salary increases
Cost of In-Home Assistance: Depending on the severity of the injury, you may require in-home assistance for daily tasks such as cooking, cleaning, transportation, and personal care.
Vocational Rehabilitation: If you need to learn new job skills or find alternative employment, the costs of vocational rehabilitation can be included in the damages.
Property Damage: Compensation for any property that was damaged as a result of the accident that caused the spinal cord injury.

2. Non-Economic Damages: Addressing the Intangible Losses

Non-economic damages compensate you for the intangible, subjective losses that result from the injury. These damages are more challenging to quantify but are crucial in recognizing the full impact of the SCI on your life. Common types of non-economic damages include:

Pain and Suffering: This covers the physical pain and emotional distress caused by the injury and medical treatment.
Emotional Distress: Spinal cord injuries can lead to significant emotional and psychological issues, such as anxiety, depression, grief, and post-traumatic stress disorder (PTSD).
Loss of Enjoyment of Life: This compensates you for the inability to participate in activities and hobbies you once enjoyed.
Loss of Consortium: If you are married, your spouse may be entitled to compensation for the loss of companionship, affection, and intimacy resulting from your injury.
Disfigurement and Scarring: Compensation for any permanent disfigurement or scarring caused by the injury.
Physical Impairments: This covers the loss of physical function and mobility due to the spinal cord injury.

3. Punitive Damages: Punishing Egregious Conduct

In some cases, punitive damages may be awarded if the at-fault party’s actions were particularly reckless, malicious, or intentional. Punitive damages are intended to punish the defendant and deter similar behavior in the future. However, punitive damages are not common in every case and require clear and convincing evidence of egregious misconduct.

Factors Influencing the Value of a Spinal Cord Injury Claim

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

Severity and Location of the Injury: Complete injuries with total loss of function typically result in higher compensation than incomplete injuries with some remaining function. Injuries higher up on the spinal cord (cervical) often lead to more severe disabilities and greater damages.
Cause of the Injury: The circumstances surrounding the injury, such as a car accident, fall, or medical malpractice, can affect liability and the potential for recovering damages.
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.
Degree of Negligence or Misconduct of the At-Fault Party: If the defendant’s actions were particularly negligent or reckless, it could increase the value of the claim.
State Laws and Legal Precedents: The laws and legal precedents in the state where the lawsuit is filed can impact the types and amounts of damages available.

The Importance of Legal Representation

Pursuing a spinal cord injury claim can be a complex and challenging process. It is essential to have an experienced personal injury attorney who understands the intricacies of these cases and can advocate for your rights. A skilled attorney can:

Investigate the accident and gather evidence to establish liability
Work with medical and financial experts to assess the full extent of your damages
Negotiate with insurance companies to reach a fair settlement
Represent you in court if a settlement cannot be reached

Seeking Justice and Securing Your Future

If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, it is crucial to understand your legal rights and the types of damages you may be entitled to recover. By pursuing a spinal cord injury lawsuit, you can seek justice for the harm you have suffered and secure the financial resources necessary to navigate the challenges ahead. Contact an experienced spinal cord injury attorney to discuss your case and explore your options for pursuing compensation.