Filing a Spinal Cord Injury Claim: What You Need to Know

A spinal cord injury (SCI) can be a devastating event, leading to significant physical, emotional, and financial challenges. Globally, over 15 million people are living with a spinal cord injury (SCI). If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, you may be entitled to file a spinal cord injury claim to recover compensation for your losses. This guide provides essential information about filing a spinal cord injury claim, helping you understand the process and protect your rights.

Understanding Spinal Cord Injuries

A spinal cord injury refers to damage to the spinal cord, often resulting from trauma such as falls, vehicle accidents, or violence. However, non-traumatic causes like tumors, infections, or degenerative conditions can also lead to SCI. The severity of the injury and its location on the spinal cord determine the extent of impairment. SCI can result in complete or incomplete loss of sensory and/or motor functions below the injury level.

Common Causes of Spinal Cord Injuries

Vehicle Accidents: Car, truck, and motorcycle accidents are a leading cause of SCIs. Even low-speed collisions can result in spinal cord damage.
Falls: Falls are a significant cause, especially among older adults.
Acts of Violence: Gunshot wounds and stabbings can directly injure the spinal cord.
Sports Injuries: High-impact sports can lead to spinal cord trauma. Overuse is also one of the most common causes of spinal cord injury found in athletes.
Medical or Surgical Errors: Although less common, surgical mistakes or complications can result in SCI.
Other Causes: Other causes can include, infections, insufficient blood flow, and tumors.

Steps to Take After a Spinal Cord Injury

Seek Immediate Medical Attention: Prompt medical care is crucial. Serious injuries are not always immediately apparent, and delays in treatment can worsen the outcome.
Report the Accident: Contact the relevant authorities, such as the police, after a motor vehicle accident. Obtain a copy of the accident report, as it can serve as valuable evidence.
Collect Evidence: If possible, gather evidence at the scene of the accident. This may include photos, videos, witness statements, and accident reports.
Consult with an Attorney: Contact a personal injury attorney experienced in handling spinal cord injury claims. An attorney can evaluate your case, explain your legal options, and guide you through the claims process.
Document Everything: Keep detailed records of all medical treatments, expenses, lost income, and other losses related to the injury.

Building a Strong Spinal Cord Injury Claim

To build a strong claim, it’s essential to establish negligence on the part of the responsible party. Negligence means that the other party failed to exercise reasonable care, resulting in your injury. Evidence is critical in proving negligence and the extent of your damages.

Key Elements of a Spinal Cord Injury Claim

Duty of Care: The responsible party had a legal duty to protect you from harm.
Breach of Duty: The responsible party failed to meet their legal duty.
Causation: The responsible party’s breach of duty directly caused your spinal cord injury.
Damages: You suffered demonstrable financial and emotional losses due to your spinal cord injury.

Types of Evidence to Gather

Medical Records: These documents detail your diagnosis, treatment, and prognosis.
Accident Reports: Police reports or incident reports can provide valuable information about the accident.
Witness Statements: Statements from people who witnessed the accident can support your claim.
Photographs and Videos: Visual evidence of the accident scene and your injuries can be compelling.
Expert Testimony: Medical experts can provide testimony about the extent and cause of your injuries.

Potential Compensation in a Spinal Cord Injury Claim

If you have a valid spinal cord injury claim, you may be entitled to compensation for various types of damages, including:

Medical Expenses: This includes past and future medical bills, rehabilitation costs, and long-term care expenses. The medical expenses alone related to a spinal cord injury can surpass $1,000,000 throughout a patient’s lifetime.
Lost Wages: You can recover lost income from being unable to work due to your injury.
Lost Earning Capacity: If your injury prevents you from returning to your previous job or limits your future earning potential, you may be compensated for this loss.
Pain and Suffering: You may be compensated for the physical pain and emotional distress caused by your injury.
Emotional Distress: Compensation for mental anguish, psychological trauma, and loss of enjoyment of life.
Property Damage: If your personal property was damaged in the accident, you may be able to recover the cost of repair or replacement.
Punitive Damages: In some cases, punitive damages may be awarded if the responsible party’s conduct was particularly egregious.

The Claims Process

Initial Consultation: The first step in the claims process is to consult a knowledgeable attorney. During your consultation, your lawyer will review the details of your case, assess the potential for a successful claim, and explain your legal options.
Investigation and Evidence Gathering: If you decide to pursue a claim, your attorney will conduct a thorough investigation.
Demand Letter: Your spinal cord injury lawsuit starts when your lawyer sends the defendant and their insurer a demand letter asking for a settlement. This letter briefly explains the reason for your claim and requests compensation on your behalf.
Negotiation: In most cases, your lawyer and the insurer attempt to negotiate a settlement.
Filing a Lawsuit: If a settlement cannot be reached through negotiation, your attorney may recommend filing a lawsuit to protect your right to recover compensation.
Discovery: After a lawsuit is filed, both sides will engage in discovery, which involves gathering information and evidence through interrogatories, depositions, and document requests.
Trial: If the case proceeds to trial, your attorney will present evidence and arguments to a judge or jury, who will decide whether the responsible party is liable for your injuries and the amount of damages you are entitled to recover.

The Role of a Spinal Cord Injury Lawyer

Filing a spinal cord injury claim can be complex, requiring a thorough understanding of the law and the ability to navigate the legal system. A skilled spinal cord injury lawyer can:

Evaluate Your Case: An attorney can assess the merits of your claim and provide an honest opinion about your chances of success.
Investigate the Accident: An attorney can conduct a thorough investigation to gather evidence and identify all responsible parties.
Negotiate with Insurance Companies: Insurance companies often try to minimize payouts, but an attorney can advocate for your rights and negotiate a fair settlement.
File a Lawsuit: If necessary, an attorney can file a lawsuit and represent you in court.
Present Your Case at Trial: If your case goes to trial, an attorney can present evidence and arguments to a judge or jury.

Statute of Limitations

Each state has a law that places a time limit on how long victims have to file a spinal cord injury claim, called the “statute of limitations.” It is crucial to be aware of the statute of limitations in your state. Failing to file a claim within the prescribed time limit can bar you from recovering compensation. The statute of limitations varies from state to state, so the deadlines for filing a local case will be different than in other parts of the country. In Washington DC, the statute of limitations is three years.

Long-Term Costs of Spinal Cord Injuries

Spinal cord injuries often result in significant long-term costs, including medical expenses, lost income, and the need for ongoing care and assistance. The lifetime cost of care for a spinal cord injury is staggering. In some cases, the cost of care can total nearly $5 million.

Factors Affecting Long-Term Costs

Severity of the Injury: The more severe the injury, the greater the long-term costs.
Age at the Time of Injury: Younger individuals may face higher lifetime costs due to the longer duration of care needed.
Neurological Impairment: The extent of neurological impairment affects the level of care and assistance required.

Finding the Right Attorney

Choosing the right attorney is crucial to the success of your spinal cord injury claim. When selecting an attorney, consider the following:

Experience: Look for an attorney with a proven track record of handling spinal cord injury cases.
Resources: Ensure that the attorney has the resources to investigate your case and hire expert witnesses.
Communication: Choose an attorney who communicates effectively and keeps you informed about the progress of your case.
Compassion: Find an attorney who understands the challenges you are facing and is committed to helping you recover.

Conclusion

Filing a spinal cord injury claim can be a complex and challenging process. However, by understanding your rights, gathering evidence, and seeking the guidance of an experienced attorney, you can increase your chances of recovering the compensation you deserve. If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, don’t hesitate to take action to protect your future.