Spinal Cord Injury with Pre-Existing Conditions: Understanding Your Legal Options

Each year, thousands of individuals experience spinal cord injuries (SCIs), with motor vehicle accidents being a leading cause. According to the Mayo Clinic, these injuries can result from trauma, falls, or diseases, leading to significant physical, emotional, and financial challenges. If you have a pre-existing condition and suffer a spinal cord injury, navigating the legal landscape can feel overwhelming. However, understanding your legal options is crucial to securing the compensation you deserve.

The Interplay of Spinal Cord Injuries and Pre-Existing Conditions

A pre-existing condition is any medical issue you had before an accident, such as a prior back injury, arthritis, or degenerative disc disease. These conditions can complicate spinal cord injury claims because insurance companies may argue that your current pain and limitations are not solely due to the recent injury. They might suggest that your pre-existing condition is the primary cause or that it makes you more susceptible to injury, thus reducing their liability.

Your Legal Rights: The “Eggshell Skull” Rule

Despite the challenges, you have legal rights that protect you. One of the most important is the “eggshell skull” rule, also known as the “thin skull” rule. This legal principle states that the at-fault party is responsible for the full extent of your injuries, even if a pre-existing condition made you more vulnerable.

In other words, the defendant must “take the plaintiff as they find them”. If your pre-existing condition made you more susceptible to a spinal cord injury, the responsible party is still liable for the full harm they caused. It’s not a defense that someone without your pre-existing condition might not have suffered such a severe injury.

Establishing Causation and Aggravation

To successfully pursue a spinal cord injury claim with a pre-existing condition, you must demonstrate that the accident either caused a new injury or aggravated your pre-existing condition. This involves proving causation, a direct link between the incident and the resulting spinal injury.

Here’s how to establish your claim:

Transparency is Key: Disclose your pre-existing condition to your attorney. Withholding this information can have serious legal consequences.
Gather Medical Evidence: Collect thorough medical records documenting your condition before and after the accident. Comparing these records can highlight the changes and worsening of your condition.
Seek Expert Medical Opinions: Your lawyer can help you seek opinions from medical specialists who can assess how the accident affected your pre-existing condition. This expert testimony is crucial in establishing causation.
Document Changes in Your Life: Keep a detailed record of how the injury has impacted your daily life, including your ability to work, perform household tasks, and engage in leisure activities.

Navigating Insurance Company Tactics

Insurance companies often employ tactics to minimize payouts in spinal cord injury cases, especially when pre-existing conditions are involved. They may:

Downplay the Severity of the Injury: Suggesting it’s just a soft tissue injury rather than a serious spinal cord injury.
Claim the Injury is a Pre-Existing Condition: Arguing that your current condition is simply an aggravation of a previous injury.
Request Independent Medical Examinations (IMEs): Sending you to doctors who specialize in minimizing injury severity or attributing limitations to pre-existing conditions.
Use Surveillance: Monitoring your activities to find evidence that contradicts your reported limitations.
Delay Settlement: Dragging out the process to pressure you into accepting a lower offer.

An experienced attorney can anticipate these tactics and build a strong case to counter them.

Types of Compensation Available

If you’ve suffered a spinal cord injury due to someone else’s negligence, you may be entitled to various types of compensation, including:

Medical Expenses: Covering emergency care, hospitalization, surgeries, medications, rehabilitation, and future medical costs.
Lost Wages: Reimbursing you for lost income from missed workdays and diminished future earning capacity.
Pain and Suffering: Compensating you for physical pain, emotional distress, and loss of enjoyment of life.
Home and Vehicle Modifications: Covering the costs of adapting your home and vehicle to accommodate your mobility challenges.

The Role of a Spinal Cord Injury Attorney

Spinal cord injury cases are complex and require the expertise of a skilled attorney. A lawyer can:

Investigate the Accident: Gathering evidence to determine liability.
Negotiate with Insurance Companies: Protecting you from lowball offers and fighting for fair compensation.
Consult with Medical Experts: Building a strong case based on medical evidence and expert testimony.
File a Lawsuit: Representing you in court if a fair settlement cannot be reached.

Factors Affecting Settlement Amounts

Spinal cord injury settlement amounts vary widely depending on the specific circumstances of each case. Factors that influence the value of your claim include:

Severity of the Injury: Complete injuries typically result in higher settlements than incomplete injuries.
Level of the Injury: Higher-level injuries (e.g., cervical) often lead to larger settlements due to the greater impact on bodily functions.
Age and Health of the Injured Person: Younger individuals may receive higher settlements due to the longer duration of their expected medical needs.
Liability and Fault: Clear liability on the part of the defendant strengthens your case and increases the potential settlement amount.

Average Settlement Ranges

While every case is unique, here are some general settlement ranges for spinal cord injuries:

High Cervical Injuries (C1-C4): \$5 million – \$20+ million
Low Cervical Injuries (C5-C8): \$3 million – \$10 million
Thoracic Injuries (T1-T12): \$2 million – \$6 million
Incomplete Injuries: \$500,000 – \$3 million

These are just estimates, and your actual settlement amount may be higher or lower depending on the specific facts of your case.

Taking Action

If you or a loved one has suffered a spinal cord injury with a pre-existing condition, it’s essential to seek legal guidance as soon as possible. A spinal cord injury lawyer can evaluate your case, explain your legal options, and fight for the compensation you deserve.