Maximize Your Spinal Cord Injury Claim: Know Your Rights

Spinal cord injuries (SCIs) are among the most devastating and life-altering events a person can experience. According to the National Spinal Cord Injury Statistical Center (NSCISC), the lifetime cost of living with an SCI can range from $1.2 million to over $5 million, depending on the severity and age of the injured person. If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, understanding your legal rights is crucial to maximizing your potential compensation. This guide provides essential information to help you navigate the complexities of a spinal cord injury claim and secure the financial resources you need for long-term care and support.

Understanding Spinal Cord Injuries

A spinal cord injury occurs when there is damage to the spinal cord, a bundle of nerves that carries signals between the brain and the body. This damage can disrupt communication, leading to loss of motor function, sensation, and autonomic function below the level of the injury. SCIs are classified by their location and severity:

Location of Injury: Injuries in the cervical spine (neck) can result in tetraplegia (quadriplegia), affecting the arms, hands, trunk, and legs. Injuries in the thoracic, lumbar, or sacral spine can cause paraplegia, affecting the trunk, legs, and pelvic organs.
Severity of Injury: A complete injury results in a total loss of motor and sensory function below the injury level. An incomplete injury means some function remains, offering a greater potential for recovery.

Common Causes of Spinal Cord Injuries

SCIs often result from sudden, traumatic events, including:

Motor Vehicle Accidents: Car, truck, and motorcycle collisions are a leading cause of SCIs.
Falls: Falls from heights, slip and fall accidents, and falls due to hazardous conditions.
Medical Malpractice: Surgical errors, anesthesia errors, misdiagnosis, or improper treatment.
Acts of Violence: Assaults and other violent acts.
Workplace Accidents: Injuries sustained in construction, manufacturing, or other hazardous work environments.

Establishing Liability: Proving Negligence

To successfully pursue a spinal cord injury claim, it’s essential to establish that another party’s negligence caused your injury. Negligence means that someone acted carelessly or failed to act with reasonable care, resulting in harm to another person. To prove negligence, you must demonstrate the following elements:

Duty of Care: The at-fault party owed you a duty of care to act reasonably and avoid causing harm.
Breach of Duty: The at-fault party breached their duty of care through negligent actions or omissions.
Causation: The at-fault party’s breach of duty directly caused your spinal cord injury.
Damages: You suffered damages (losses) as a result of your spinal cord injury.

Evidence to Support Your Claim

Collecting and preserving evidence is crucial for building a strong spinal cord injury claim. This evidence may include:

Medical Records: Documenting the extent and nature of your injuries, treatment, and prognosis.
Accident Reports: Police reports, incident reports, or workplace accident reports.
Witness Statements: Accounts from individuals who witnessed the accident or event that caused your injury.
Photographs and Videos: Visual evidence of the accident scene, vehicle damage, or hazardous conditions.
Expert Testimony: Opinions from medical experts, vocational rehabilitation specialists, or economists.

Types of Damages You Can Recover

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

Medical Expenses: Covering past, present, and future medical costs, including hospitalization, surgery, rehabilitation, medication, and assistive devices.
Lost Wages: Reimbursement for lost income due to your inability to work.
Lost Earning Capacity: Compensation for the reduction in your future earning potential.
Pain and Suffering: Compensation for the physical pain, emotional distress, and mental anguish you have experienced.
Loss of Enjoyment of Life: Compensation for the diminished ability to participate in activities and hobbies you once enjoyed.
Home Modifications: Costs associated with adapting your home to accommodate your disability.
Assistive Devices: Expenses for wheelchairs, walkers, and other necessary equipment.
Long-Term Care: Costs of ongoing care, including in-home assistance or nursing home care.

Estimating the Value of Your Claim

The value of a spinal cord injury claim depends on several factors, including the severity of the injury, the extent of medical expenses, lost income, and the impact on your overall quality of life. Spinal cord injury settlements can range from \$100,000 to over \$1 million, with some cases reaching multi-million dollar settlements.

Common Mistakes to Avoid

Victims of spinal cord injuries often make critical legal mistakes that undermine their ability to secure sufficient compensation. To protect your rights and maximize your claim, avoid the following:

Delaying Medical Treatment: Seek immediate medical attention and follow your doctor’s recommendations.
Speaking to Insurance Companies Without an Attorney: Insurance adjusters may try to minimize your claim or twist your words.
Posting on Social Media: Avoid posting details about your accident or injuries on social media, as this information can be used against you.
Underestimating Long-Term Impact: Account for future medical bills, physical therapy, adaptive equipment, and lost wages before accepting any settlement.
Failing to Hire an Experienced Attorney: Spinal cord injury cases are complex, and an experienced attorney can help you navigate the legal process and protect your rights.

The Role of a Spinal Cord Injury Lawyer

Navigating a spinal cord injury claim can be overwhelming, especially while dealing with the physical, emotional, and financial challenges of recovery. An experienced spinal cord injury lawyer can provide invaluable assistance by:

Investigating the Accident: Gathering evidence, interviewing witnesses, and reconstructing the accident scene.
Identifying All Liable Parties: Determining who is responsible for your injuries.
Calculating Damages: Assessing the full extent of your economic and non-economic losses.
Negotiating with Insurance Companies: Advocating for your rights and negotiating a fair settlement.
Filing a Lawsuit: Representing you in court if a settlement cannot be reached.
Providing Legal Guidance: Explaining your rights and options and guiding you through the legal process.

The 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.” In Nevada, personal injury victims must file their lawsuits within two years from the date of their injury. It is crucial to be aware of the statute of limitations in your state, as missing the deadline can prevent you from pursuing your claim.

Conclusion

Maximizing your spinal cord injury claim requires a thorough understanding of your legal rights, the ability to prove negligence, and a commitment to documenting the full extent of your losses. By working with an experienced attorney and avoiding common mistakes, you can increase your chances of securing the compensation you deserve and ensuring a more secure future.