How Much Money Can I Recover in a Spinal Cord Injury Lawsuit?
If you or a loved one has suffered a spinal cord injury (SCI) due to the negligence of another party, you may be wondering how much monetary compensation or damages you can recover by means of a filing spinal cord injury lawsuit for your losses.
A personal injury claims for spinal cord injuries aim to provide victims with financial compensation to cover their medical bills and expenses, their ongoing rehabilitation costs, their lost present and future income (wages) and other damages which they should not have suffered but did, due to others’ negligence. Not only can the injured party recover compensation, but in many jurisdictions your spouse and children may also have claims if the spinal cord injury effect of your injury causes loss of enjoyment of life and consortium and other damages to them as well.
The amount of money you can recover in such a spinal cord injury claim depends on various factors and circumstances for your particular case, as every case is unique. In this guide, we will explore key factors that can influence the compensation that is ultimately awarded in spinal cord injury cases.
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Factors That Determine Compensation in a Spinal Cord Injury Case
One with severe spinal injuries will often ask what my spinal injury worth in a lawsuit against the defendants is that caused this life-altering event. A variety of factors and elements can impact or determine how much money you receive as compensation in a successful spinal cord injury lawsuit. Among them are:
Severity of the Injury
The extent and severity of the spinal cord injury should play a significant role in determining the amount of economic compensation. In general, more severe injuries which result in greater disability and long-term impairment tend to receive higher compensation. The location of the injury on the spinal cord and whether it is classified as complete spinal cord injury or incomplete spinal cord injury also affect the amount of compensation. Of course the more extensive and higher level of spinal cord injury and more the loss of function and more the dependence on others in the future.
Medical Expenses
The cost of medical treatment, including surgeries, hospital stays, medications, rehabilitation, assistive devices, and ongoing medical care, is a crucial factor in determining compensation. Victims of SCI often require extensive and costly medical care, which can significantly impact the amount of compensation sought. The extensive cost of future medical bills and care is often an unknown, but by hiring life care planners and economist experts, one can get a better idea of the future costs of medical care, home care, transportation, and other concerns to the SCI victim and their family.
Rehabilitation Costs
SCI victims often require long-term rehabilitation and therapy to regain function or partial function of body parts or to adapt to their new circumstances. Rehabilitation costs can include physical therapy, occupational therapy, and psychological counseling, all of which should be factored into the compensation claim.
Lost Income
If the victim is unable to work or experiences a reduced earning capacity due to the injury, he or she may be entitled to compensation for lost wages, salary or earning potential. That can include not only current lost income but also future lost income if the victim’s earning potential is substantially or permanently affected.
Pain and Suffering
Pain and suffering damages are meant to compensate victims for the physical and emotional distress they endure due to the injury. Though they cannot be quantified by the exactitude of medical bills or lost salary, the damages awarded for pain and suffering can be substantial, especially for individuals dealing with severe pain, emotional trauma, and loss of quality of life.
Loss of Consortium
In some cases, spouses or family members of SCI victims may be eligible for extended compensation for the loss of companionship, support and services that the victim had provided before the injury but no longer can offer.
Home and Vehicle Modifications
SCI victims often require modifications to their homes and vehicles to accommodate their new needs. The cost of these modifications can be included in a compensation claim.
Assistive Devices
The cost of mobility aids, communication devices and other assistive technologies required by the victim also can be factored into a compensation claim.
Sources of Compensation
Compensation in spinal cord injury cases can come from various sources, including:
Insurance
In many cases, the at-fault party’s insurance provider is a primary source of compensation. That can include companies which provide auto liability insurance, premises liability insurance or medical malpractice insurance, depending on the nature of the injury accident.
Personal Injury Lawsuit
Filing a personal injury lawsuit against the responsible party allows you to seek compensation for your damages in the legal realm. If the case goes to trial, a verdict in your favor can result in a substantial monetary award.
Workers' Compensation
If the spinal cord injury occurred on the job or in the workplace, you may be eligible for workers’ compensation benefits, which can cover medical expenses and lost wages. However, workers’ compensation, also known as workers’ comp, typically does not provide additional compensation for pain and suffering.
Government Assistance
Some SCI victims may be eligible for government assistance programs, such as Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI). Both provide some financial support to people whose disabilities prevent them from earning a reasonable income.
Compensation Caps and Limits
It’s important to note that in some jurisdictions, there may be caps or limits on the amount of compensation that can be awarded in personal injury cases or liability lawsuits. These limits can vary by state and can apply only to certain types of damage, such as non-economic damages (for example, pain and suffering). Your attorney will be knowledgeable about the specific laws in your state and can provide guidance on potential limits.
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How an Attorney Can Maximize Your Compensation
- Making a thorough case evaluation: An attorney will assess the unique circumstances of your case, including the severity of your injury, your medical expenses, your lost income or salary and other damages. All of these factors can determine the appropriate level of compensation for you to seek when filing an injury claim.
- Gathering evidence: Your attorney will gather compelling evidence to support your claim, including medical records, expert opinions, accident reports and witness testimony.
- Negotiating with insurance companies: Top Spinal cord injury attorneys are skilled negotiators who can advocate on your behalf in discussions with insurance companies to secure a fair settlement, perhaps by means of out-of-court negotiations which do not necessitate a trial.
- Advising on settlement offers: Your attorney will provide guidance on whether the amount of a settlement offer is fair and is in your best interests, thus helping you to make informed decisions about your case.
- Litigating in court: If a fair settlement cannot be reached during pretrial negotiations out of court, your attorney will be prepared to take your case to court and then present a strong argument to a judge and jury to secure the compensation that you deserve.
Get an Experienced Personal Injury Attorney for Your Lawsuit
The amount of money you can recover in a spinal cord injury lawsuit varies depending on several factors, including the severity of the injury, the amount of medical expenses and rehabilitation costs, lost income or earning power due to the injury, and more. It is essential to consult with an experienced personal injury attorney who can assess your case and advocate for your rights to maximize your compensation.
Your team of Spinal Cord Injury Lawyers places a special emphasis on representing spinal cord injury victims, and we have a proven track record of securing substantial compensation for our clients.
If you or a loved one has suffered an SCI due to the negligence of another party, we are here to guide you through the legal process and pursue the compensation you deserve. Contact us today for a free consultation about your case and let us be your trusted partner on the path to justice and financial recovery. You do not have to face this journey alone – not when you have the help of us at Spinal Cord Injury Lawyer.
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Request Your FREE CONSULTATION Today!
Call (800) 883-2020 or fill out the form below to contact our team.