How Much Is a Spinal Cord Injury Lawsuit Worth?
After sustaining a neck or back injury, you may be wondering how much money your spinal cord suit is worth. Unfortunately, there is no straightforward answer. Each case is unique, and no two settlements or court awards will be the same.
The amount of your settlement is based on a variety of factors. But as long as you have a qualified lawyer on your side, you can feel confident that you will receive fair compensation for your spinal cord injuries.
If you sustained the injury as the result of another’s fault you may be entitled to receive compensation for all of your losses, including pain and suffering, mental anguish, medical bills and lost wages. To determine the total value of your damages, work with a legal professional.
Determining How Much Your Spinal Cord Injury Claim Is Worth
No accident lawsuit is the same, which is why it’s best to pursue spinal cord damages with a qualified and experienced personal injury lawyer. An attorney will review your claim, gather and preserve evidence, establish liability, and determine the total value of your damages..
When defining your lawsuit’s worth, your lawyer will evaluate five major factors.
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1. The Severity of Your Injuries
A spinal injury can be minor, such as soft tissue damage, or it can be so severe that it leads to permanent paralysis. The type of treatments, financial losses, and emotional pain you endure increases with the severity of your neck and back injury. Therefore, the value of your claim depends upon the severity of your spine damage.
However, certain factors can make your injuries appear less severe and prevent you from securing the settlement you deserve. They include:
- Pre-existing conditions: The opposing side will try to argue that your injuries existed before the accident to avoid making a settlement or decrease the amount they are willing to offer to resolve your claim .
- Lack of diagnostic tests: Medical records and testing proves the scope of your spinal cord damage. Without them, it is hard to demonstrate the full nature of your injury and the effect those injuries have on your ability to perform daily activities.
- Fast recovery time: A quick recovery can make your spinal cord injuries appear less severe.
- Legal representation: The quality of your legal counsel often affects the amount of damages the opposing side is willing to offer to resolve your claim. Be sure to retain attorneys who have experience and a good reputation in the legal community.
A skilled accident lawyer will use medical records and consult with healthcare professionals to prove the extent of your spinal cord injuries. In addition, they will demonstrate the need for future medical care and the impact the injuries have on your quality of life. All of these factors increase the total compensation you can receive for your claim.
2. Total Medical Expenses
Treating a spinal cord injury is expensive. Research shows that the costs of living with SCI can range from $1 million to over $4 million throughout a person’s lifetime.
The reason for the hefty expenses is primarily due to the need for extensive medical care. Treatments include:
- Emergency room visits
- Diagnostic tests (such as MRI and CT scans)
- Hospital stays and surgeries
- Rehabilitation and physical therapy
- Prescription medications
- Medical aids (like a wheelchair)
A spinal cord lawyer can consult with doctors and spinal cord specialists to estimate the total cost of your current and future medical treatments. From there, they can determine a fair settlement that covers all of your medical damages. The more severe your injury, the more medical treatments you may require, and the more your spinal cord injury lawsuit is worth.
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3. Amount of Missed Work
When preparing a settlement for your spinal cord injury claim, you must factor in lost wages and benefits due to missed work in the past and future. Even a full or partial recovery from neck and back injuries can lead to substantial lost wages. In the event of a permanent disability, your financial losses could be catastrophic. Your final settlement should recoup all financial losses, including lost wages, tips, PTO, and other benefits.
When filing a personal injury lawsuit for spinal cord injuries, a lawyer can work with your employer and union to calculate the total amount of all lost wages and benefits. They can collect pay stubs and other documents to prove how much income you missed due to your injuries and hold the liable party accountable for compensating your losses.
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4. Permanent Bodily Injuries
If your spinal cord damage is so severe that it causes permanent injuries, your settlement may increase. When seeking compensation for life-long injuries, your lawyer will factor multipliers into your payment. Multipliers increase based on the:
- Length of recovery and medical treatment
- Amount of pain and suffering the injury causes
- Visibility of the permanent effect of your injury (disfigurement)
- Impact the damage has on your ability to work and perform daily activities
- Future pain and suffering and loss of enjoyment of life if the injuries are deemed permanent
If you sustained permanent bodily injuries due to your accident, then you may be entitled to substantially greater damages. A personal injury attorney will factor all necessary costs and emotional losses into your claim, ensuring you receive proper compensation for your permanent injuries.
5. Emotional Pain
Lastly, your spinal cord attorney will factor emotional pain into your total settlement. If your spinal cord damage leads to chronic pain, emotional distress, humiliation, or a general loss of enjoyment of life, your compensation may increase.
Proving these types of non-economic damages is challenging, but an attorney from an experienced personal injury law firm will know how to prove the full extent of your losses.
Types of Damages to Sue for in a Spinal Cord Injury Lawsuit
Depending upon the facts of your case, compensation following a spinal cord injury may include both economic and non-economic damages. Your lawyer will negotiate for a fair and reasonable recovery with the responsible party or parties.
In addition, if the injury was intentional or due to willful, reckless behaviors, you may also be able to collect punitive damages from the defendant, increasing your total settlement amount.
Economic Damages to Cover Financial Losses
Your economic damages constitute all financial losses you incurred due to the spinal cord injury. These damages reimburse you for out-of-pocket expenses and future costs you may incite. They may include:
- Medical bills
- Adapting your home to accommodate your condition
- Lost wages and benefits
- Diminished future earnings
- Transportation costs
Non-Economic Damages to Compensate for Physical and Emotional Pain
Non-economic damages are intangible losses that constitute physical and psychological pain. They include:
- Loss of enjoyment of life
- Pain and suffering
- Emotional distress and mental anguish
- Loss of consortium (for your partner)
Non-economic damages are difficult to prove, and they often make up a large portion of a final personal injury settlement. To ensure you receive all of the non-economic damages you deserve, let a spinal cord injury lawyer fight for the compensation you deserve.
Back and neck injuries can be devastating, and you deserve maximum compensation for your losses. However, determining the total worth of your spinal cord injury lawsuit is challenging. When you partner with the skilled brain and spinal cord lawyers at Dansker & Aspromonte Associates, you can feel confident that we will help you recover fair and reasonable compensation for each and every type of injury you suffered and may suffer in the future..
Contact us now to learn more about our success in securing settlements for spinal cord injury cases and how we can help you. The legal compensation is free. If we agree to accept your case, you will not be required to pay us any money upfront. We only earn a legal fee when you recover compensation.
If you have been injured in an accident, don’t delay in consulting with a lawyer. There are deadlines that limit your rights. If you fail to bring your claim by the applicable deadline, you could be prevented from recovering the compensation you deserve. Call or text (646) 692-0204 or complete a Free Case Evaluation form.
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