What You Need to Know About Spinal Cord Injury Lawsuits

A spinal cord injury (SCI) can be a devastating event, leading to significant physical, emotional, and financial challenges. According to the National Spinal Cord Injury Statistical Center, the lifetime cost of care for someone with high tetraplegia (paralysis affecting all four limbs) who sustained the injury at age 25 can exceed $5 million. If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, recklessness, or wrongful actions, understanding your legal options is crucial. This blog post will cover what you need to know about spinal cord injury lawsuits, including the grounds for filing, potential compensation, and important considerations.

What is a Spinal Cord Injury?

A spinal cord injury occurs when trauma damages the spinal cord, disrupting the communication between the brain and the rest of the body. The severity of the injury can vary, leading to different degrees of impairment. Spinal cord injuries are generally classified as either complete or incomplete.

Complete Spinal Cord Injury: This involves a total loss of motor and sensory function below the level of the injury. There is no communication between the brain and the body below the injury site, leading to permanent paralysis.
Incomplete Spinal Cord Injury: In this type, some motor or sensory function is preserved below the injury level. The spinal cord retains partial ability to transmit signals, allowing for varying degrees of mobility and sensation.

Common Causes of Spinal Cord Injuries

Spinal cord injuries can result from various accidents and incidents. Some of the most common causes include:

Motor Vehicle Accidents: Car, truck, and motorcycle accidents are a leading cause of spinal cord injuries. Negligent driving, speeding, or impaired driving can all lead to collisions that result in severe spinal damage.
Falls: Falls, especially among older adults, can cause spinal cord injuries. These can occur at home, in the workplace, or in public places due to unsafe conditions.
Workplace Accidents: Construction sites, factories, and other hazardous work environments can pose a risk of spinal cord injuries due to falls from heights, equipment malfunctions, or unsafe conditions.
Medical Malpractice: Surgical errors, anesthesia complications, or other medical negligence can sometimes result in spinal cord injuries.
Sports and Recreation Accidents: High-impact sports and recreational activities can lead to spinal cord injuries, particularly when there is negligent supervision or inadequate safety measures.
Acts of Violence: Violent assaults, including gunshot wounds and stabbings, can cause direct trauma to the spinal cord.

Establishing Negligence in a Spinal Cord Injury Lawsuit

To successfully pursue a spinal cord injury lawsuit, it’s essential to prove that another party’s negligence caused the injury. Negligence occurs when an individual or entity fails to exercise reasonable care and caution, resulting in harm or injury to another. The four elements of negligence that must be proven are:

Duty of Care: The defendant had a legal responsibility to act with reasonable care to avoid causing harm to the plaintiff.
Breach of Duty: The defendant failed to uphold their duty of care, acting negligently or recklessly.
Causation: The defendant’s breach of duty directly caused the plaintiff’s spinal cord injury.
Damages: The plaintiff suffered actual damages as a result of the spinal cord injury, such as medical expenses, lost income, and pain and suffering.

Types of Compensation Available in a Spinal Cord Injury Lawsuit

If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, you may be entitled to compensation for various economic and non-economic damages. These damages are intended to cover the full extent of the losses and hardships resulting from the injury.

Medical Expenses: Spinal cord injury patients often face astronomical and ongoing medical costs. A lawsuit can pursue compensation for all injury-related medical expenses, including emergency care, hospitalization, surgeries, medications, rehabilitation, medical equipment, home modifications, and future treatment needs.
Lost Wages: A spinal cord injury can prevent a person from working, resulting in lost income and benefits. A lawsuit can seek recovery for the injured person’s lost wages, benefits, and earning potential over their lifetime.
Pain and Suffering: Spinal cord injuries inflict tremendous physical pain and emotional anguish. While no amount of money can ever undo this suffering, the civil justice system attempts to acknowledge it by awarding compensation for an injured person’s pain, disfigurement and scarring, mental trauma, anxiety, depression, loss of enjoyment of life, and loss of consortium.
Long-Term Care Costs: Many spinal cord injury survivors require long-term care and assistance with daily living activities. Compensation can be sought for the costs of in-home care, assisted living facilities, or other long-term care needs.

Factors Affecting the Value of a Spinal Cord Injury Lawsuit

The value of a spinal cord injury lawsuit can vary significantly depending on the specific facts and circumstances of the case. Some of the key factors that can impact the settlement amount include:

Severity and Level of the Injury: The more severe the spinal cord injury, the higher the potential compensation. Complete injuries resulting in paralysis typically result in larger settlements than incomplete injuries. The level of the injury (e.g., cervical, thoracic, lumbar) also affects the value of the case.
Cause and Circumstances of the Accident: The circumstances surrounding the accident or incident that caused the spinal cord injury can impact the value of the case. If the at-fault party’s actions were particularly egregious or reckless, it may increase the potential compensation.
Age and Overall Health of the Injured Person: The age and overall health of the injured person can also be a factor in determining the value of the case. 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: The extent to which the at-fault party was negligent or engaged in misconduct can also affect the value of the case.
Skill and Experience of the Attorney: The skill and experience of the attorney representing the injured person can significantly impact the outcome of the case. An experienced spinal cord injury attorney will have the knowledge and resources necessary to build a strong case and negotiate a fair settlement.
Jurisdiction: The state where the lawsuit is filed can also affect the value of the case. Some states have laws that limit the amount of damages that can be awarded in personal injury cases.

The Statute of Limitations in Spinal Cord Injury Cases

It’s crucial to be aware of the statute of limitations, which sets a deadline for filing a lawsuit. In most states, the statute of limitations for personal injury cases, including spinal cord injury cases, ranges from one to six years. The specific time frame can vary depending on the state and the type of claim (e.g., personal injury vs. medical malpractice). In Georgia and Texas, the statute of limitations is two years from the date of the injury. In Washington DC, the statute of limitations is three years.

Failing to file a lawsuit within the applicable statute of limitations can result in the loss of your right to seek compensation for your injuries. It’s essential to consult with an attorney as soon as possible to ensure that your claim is filed within the appropriate time frame.

The Role of a Spinal Cord Injury Lawyer

Navigating the legal process after a spinal cord injury can be overwhelming. A skilled and experienced spinal cord injury lawyer can provide invaluable assistance by:

Investigating the Accident: Gathering evidence to determine the cause of the accident and identify all liable parties.
Building a Strong Case: Collecting medical records, expert witness statements, and other evidence to support your claim.
Negotiating with Insurance Companies: Dealing with insurance adjusters to negotiate a fair settlement on your behalf.
Filing a Lawsuit: If a fair settlement cannot be reached, filing a lawsuit and representing you in court.
Providing Guidance and Support: Offering legal advice and support throughout the entire process.

Long-Term Care and Rehabilitation

Spinal cord injuries often require long-term care and rehabilitation to help patients regain function, prevent complications, and improve their quality of life. Rehabilitation programs typically include physical therapy, occupational therapy, and speech therapy. They may also incorporate specialized services such as vocational rehabilitation, recreation therapy, and psychological support.

Seeking Justice and Compensation

A spinal cord injury can have a profound impact on your life and the lives of your loved ones. While no amount of money can ever fully compensate for the losses you have suffered, a successful spinal cord injury lawsuit can provide vital financial resources for medical care, rehabilitation, long-term living needs, and financial security. If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, it’s essential to seek legal advice from an experienced attorney to understand your rights and options.