One moment in your life can completely change everything you know. In that moment, you can go from living an active lifestyle and making plans for the future to facing endless doctor’s appointments and a lifetime of pain. Spinal cord injuries are some of the most catastrophic injuries that result from accidents. The long-term cost of spinal cord injuries warrants working with an experienced personal injury attorney who can advocate on your behalf.
There are two general types of spinal cord injuries: complete and incomplete. A complete injury occurs when you lose all feeling and movement below the injury point. The injury point marks where nerve signals no longer pass. With an incomplete injury, the person may still have some feeling or movement below the injury point. Nerve signals may transfer only partially through the damaged area.
Spinal cord injuries are also classified by where they take place along the spine’s length. A cervical injury is in the neck area. These are the highest and most severe injuries, causing loss of use in the arms and legs. These injuries can also affect the person’s ability to breathe independently. Thoracic injuries take place in the upper to mid back. The injury typically impacts the chest and legs, causing paraplegia. Lumber injuries are lower and affect the lower back. These injuries typically affect the hips and legs. Sacral injuries are the lowest of spinal cord injuries, impacting the pelvis and tailbone. These injuries commonly impact the person’s bladder, bowel, and sexual functions.
Every injury is unique. While these are general guidelines, a spinal injury can present differently in everyone.
Several types of accidents are common causes of spinal cord injuries. The most common are vehicle accidents, including passenger cars, semi-trucks, and motorcycles. Pedestrians and bicycle riders are also at risk of a spinal cord injury when involved in an accident with a motor vehicle. Outside of vehicle accidents, spinal cord injuries commonly happen in a slip and fall, construction, or sports accident.
Spinal cord injuries change the entire trajectory of your life. That includes changes to lifestyle, work, recreational, and personal relationships. That also means high costs to accommodate those changes. Unlike other types of injuries, there’s no cure for spinal cord injuries. Because the injuries cannot be fully repaired or reversed, they cause a lifetime of costs.
Your claim needs to address these costs for spinal cord injuries decades into the future, including the following:
It’s common for an insurance company to make an initial settlement offer after they are notified of a claim. Unfortunately, this offer is often not nearly enough to adequately address the costs of a spinal cord injury. The settlement you agree to needs to account for the full scope of your injuries and damages. Insurance companies will try to focus on the bills that already exist, not future care needs. To complicate matters, it can be challenging to calculate the full cost of long-term care needs while your healthcare team diagnoses your condition and develops a treatment plan.
A spinal cord injury is a catastrophic injury. The lifestyle changes can be costly. You may need home and vehicle modifications. Lost earning capacity can extend for decades. Professional care needs may also change, requiring you to plan for the additional cost of these services.
Potential damages in a personal injury claim are unique to each case. They are dependent on the facts and evidence provided. The goal is to make the injured party whole. One category of damages is economic damages. These are the documented financial losses suffered as a result of the accident. They can include past and future medical expenses, rehabilitation, assistive equipment, home and vehicle modifications, lost wages, and lost future income. These are losses that can be calculated and documented.
The other category of damages is non-economic damages. These are the losses that are non-pecuniary in nature and must be established through facts, not invoices. Examples include pain and suffering, mental anguish, loss of life enjoyment, permanent impairment, and loss of consortium.
When it comes to the cost for a spinal cord injury, it’s essential to be aware that catastrophic injuries represent high-value damages. Before an insurance company agrees to pay these significant amounts, they want to verify your claims. Attorneys use evidence and experts to justify why someone with a spinal cord injury is making their claim. Expert witnesses can include:
Each of these professionals specializes in a specific area of your claim. Physicians can testify to the medical aspects. At the same time, a vocational expert can testify to your future earning capacity. A life planner or economist can testify to your future financial needs.
When you hire a lawyer for a spinal cord injury, you need someone who has experience with handling these types of catastrophic injuries and how they happen. A spinal cord injury lawyer will be more familiar with reading and interpreting the medical documentation, making them more skilled at connecting the injury to the accident. This is essential for establishing why the defendant is the liable party.
An experienced lawyer can also more accurately calculate damages. They will understand how a spinal cord injury can impact every aspect of life. They can also help ensure you don’t unknowingly agree to an insurance company’s low initial settlement offer.
Additionally, while Florida uses a comparative fault system, a claimant's recovery may be affected if they are assigned a percentage of fault. This makes the investigation and evidence gathering critical. A spinal cord injury lawyer will know how to build a solid case.
Suffering a spinal cord injury is a life-changing event. While you focus on treatment and recovery, let a lawyer for spinal cord injuries focus on seeking damages. An experienced lawyer understands how a spinal cord injury can result in long-term care needs and your recovery should reflect that. The Law Office of David I Fuchs represents clients who have experienced a catastrophic injury as a result of another’s actions. Contact our office today to schedule a free consultation to discuss your potential claim.
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