Suffering a spinal cord injury can impact every aspect of your daily life. If you’ve sustained such an injury due to someone else’s negligence, you may wonder about your lawsuit’s potential value. While it’s natural to seek a specific dollar amount, the value of a spinal cord injury case can vary significantly based on numerous factors.

Here, we’ll explore the various elements that influence the value of a spinal cord injury lawsuit and why working with a spinal cord injury attorney is important for your case.

Understanding Spinal Cord Injuries

Spinal cord injuries are among the most severe types of injuries a person can experience. They occur when there’s damage to the spinal cord or nerves at the end of the spinal canal. These injuries can result in partial or complete loss of motor control and sensation, affecting a person’s ability to move, feel, or control bodily functions.

The severity of a spinal cord injury can range from mild, temporary symptoms to permanent paralysis. The location of the injury on the spine plays a significant role in determining its impact. Injuries higher on the spinal cord generally result in more extensive paralysis and loss of function

Factors Influencing the Value of a Spinal Cord Injury Lawsuit

When it comes to determining the potential value of your spinal cord injury lawsuit, several factors come into play. A spinal cord injury lawyer will consider these elements when building your case:

Severity of the Injury

The extent of your spinal cord injury is perhaps the most significant factor in determining the value of your lawsuit. Injuries resulting in complete paralysis or extensive loss of function typically lead to higher compensation amounts due to the long-term impact on your life.

Spinal cord injuries are classified into different levels based on the location of the injury along the spinal cord. For instance, injuries to the cervical spine (neck area) often result in quadriplegia, affecting all four limbs and potentially impacting breathing. These injuries generally result in higher compensation due to their comprehensive impact on bodily functions and quality of life.

Injuries to the thoracic or lumbar regions may result in paraplegia, affecting the lower body. While still severe, these injuries might lead to slightly lower compensation amounts compared to quadriplegia, as upper body function is retained. Incomplete spinal cord injuries, where some sensory or motor function remains below the injury site, can vary widely in their impact and, consequently, in their value in a lawsuit. The degree of remaining function, potential for recovery, and long-term prognosis all play roles in determining the compensation amount.

It’s important to note that even seemingly minor spinal cord injuries can have significant long-term consequences. For example, a person with an incomplete injury might experience chronic pain, loss of sensation, or difficulty with fine motor skills. These impacts, while less visible than paralysis, can still significantly affect one’s quality of life and ability to work and should be thoroughly documented and considered in your lawsuit.

Medical Expenses

The cost of medical treatment for spinal cord injuries can be astronomical. Your lawsuit should account for all past, current, and future medical expenses related to your injury. This may include emergency care, surgeries, hospital stays, rehabilitation, medication, and necessary medical equipment. Immediate medical care following a spinal cord injury is often intensive and expensive.

Emergency services, including ambulance transportation and trauma care, can cost thousands of dollars. If surgery is required to stabilize the spine or alleviate pressure on the spinal cord, the costs can quickly escalate into tens or even hundreds of thousands of dollars.

Following initial treatment, many spinal cord injury victims require extended hospital stays. These can last weeks or even months, depending on the severity of the injury and any complications that arise. During this time, you may need various treatments and therapies, including respiratory support, infection prevention measures, and early rehabilitation efforts.

Once stabilized, rehabilitation becomes a key focus. This often involves inpatient care at a specialized spinal cord injury rehabilitation center. Here, you’ll work with a team of professionals, including physical therapists, occupational therapists, speech therapists (if needed), and psychologists. This intensive rehabilitation can last several months and comes with a significant price tag.

After leaving inpatient care, ongoing outpatient therapy is typically necessary. This can continue for months or years, requiring regular appointments with various specialists. The costs of these ongoing treatments should be factored into your lawsuit. Medications form another significant expense. You may need various drugs to manage pain, prevent complications like blood clots, treat spasticity, or address secondary conditions that develop as a result of your injury. Some of these medications may be required for the rest of your life.

Medical equipment is often necessary for individuals with spinal cord injuries. This can range from wheelchairs (both manual and powered) to specialized beds, transfer equipment, and adaptive devices for daily living. High-tech equipment like computer-controlled environmental control units or voice-activated systems may be necessary for those with high-level injuries. These items are expensive and often need replacement or upgrading over time.

It’s also important to consider potential future medical needs. You may require additional surgeries, need to replace equipment, or develop secondary health issues related to your spinal cord injury. A spinal cord injury lawyer will work with medical professionals to project these future costs and ensure they’re included in your lawsuit.

Lost Wages and Earning Capacity

If your spinal cord injury has affected your ability to work, either temporarily or permanently, this will be factored into your lawsuit. A spinal cord injury attorney will help calculate the income you’ve already lost and your reduced earning capacity for the future.

Immediate lost income is often the most straightforward to calculate. This includes the income you’ve lost from the time of your injury through the resolution of your lawsuit. It covers not just your base salary but also any bonuses, commissions, or other forms of compensation you would have earned.

However, the more significant factor in many spinal cord injury cases is the loss of future earning capacity. This refers to the income you would have been able to earn over the course of your career if you hadn’t suffered an injury. Calculating this figure involves considering several factors. Your age at the time of injury is important, as younger individuals typically have a longer expected work life ahead of them, which can result in higher compensation for lost future earnings. Your education and skills are also considered, as your potential for career advancement and increased earnings over time is taken into account.

The specific impacts of your injury on your ability to work are carefully evaluated. Some individuals with spinal cord injuries may be able to return to work in a modified capacity, while others may be unable to work at all. Your pre-injury occupation and earnings history provide a baseline for projecting your future earnings without the injury. Economic factors, such as inflation and the general economic outlook in your field, are also factored in.

A spinal cord injury lawyer often works with economic experts to create detailed projections of lost future earnings. These experts can provide testimony about the long-term financial impact of your injury, which can be powerful evidence in your lawsuit. It’s important to note that lost earning capacity isn’t just about a job you held at the time of your injury. If you were a student or in career training at the time you suffered an injury, your lawsuit should consider the career path you were preparing for and the earnings you could have reasonably expected in that field.

Additionally, your lawsuit should account for lost opportunities for advancement, missed promotions, and the potential for career changes or entrepreneurial ventures that are no longer possible due to your injury. Benefits are another important consideration. Your lawsuit should account for lost retirement contributions, health insurance benefits, and other perks that were part of your compensation package or that you could have reasonably expected to receive throughout your career.

For those who can return to work in some capacity, there may still be a claim for diminished earning capacity if you cannot work as many hours or have to take a lower-paying position due to your injury. A spinal cord injury lawyer will work to ensure that all of these factors are thoroughly documented and presented as part of your lawsuit, aiming to secure compensation that truly reflects the full extent of your lost income and earning capacity.

Pain and Suffering

While it’s challenging to put a monetary value on pain and suffering, it’s an important component of many spinal cord injury lawsuits. This encompasses the physical pain and emotional distress you’ve experienced as a result of your injury.

Physical pain following a spinal cord injury can be severe and persistent. In the immediate aftermath of the injury, you may experience intense pain at the site of the injury and in surrounding areas. As time goes on, many individuals with spinal cord injuries develop chronic pain syndromes. This can include neuropathic pain (caused by damage to the nervous system), which is often described as burning, stabbing, or shooting pain. Musculoskeletal pain can also develop, particularly in parts of the body that must compensate for paralyzed areas.

The emotional suffering caused by a spinal cord injury can be equally profound. You may experience a range of challenging emotions, including depression, anxiety, anger, and grief. The sudden loss of independence, changes in personal relationships, and adjustments to a new way of life can cause significant psychological distress. Other aspects of suffering that may be considered in your lawsuit include loss of enjoyment of life, which refers to the inability to participate in activities and hobbies you once enjoyed. Emotional distress, including feelings of humiliation, fear, or loss of dignity associated with your injury and its effects, is also taken into account.

Many individuals with spinal cord injuries experience sleep disturbances, which can further impact quality of life. Changes in sexual function and fertility can cause significant emotional distress. The physical limitations and lifestyle changes following a spinal cord injury can lead to feelings of isolation and loneliness, which are also considered part of pain and suffering.

Documenting pain and suffering for your lawsuit often involves keeping a detailed journal of your physical pain levels and emotional state. Medical records, including any treatments for pain or mental health issues, can also provide evidence of your suffering. Testimony from friends, family, and mental health professionals can help illustrate the impact of the injury on your emotional well-being and overall quality of life. Before-and-after comparisons of your lifestyle and activities can be powerful in demonstrating the extent of your suffering.
While it’s impossible to fully compensate for pain and suffering, a spinal cord injury attorney will work to ensure that your lawsuit reflects the true extent of your physical and emotional distress, seeking an amount that acknowledges the profound impact of your injury on your overall well-being.

Life Care Costs

Many spinal cord injury victims require ongoing care and assistance with daily activities. Your lawsuit should account for the costs of in-home care, modifications to your living space, and any other long-term care needs. Life care costs for individuals with spinal cord injuries can be substantial and continue for the rest of your life. These costs typically include home care, which, depending on the level of your injury, may involve daily assistance with personal care tasks like bathing, dressing, and eating. This can range from a few hours of help each day to round-the-clock care. The costs of hiring personal care attendants or nurses can be significant.

Home modifications are often necessary to accommodate your needs. This can include installing ramps, widening doorways, modifying bathrooms and kitchens, and adding specialized equipment like ceiling lifts. These modifications can cost tens or even hundreds of thousands of dollars. Adaptive equipment is another significant expense. You may need various equipment to maintain independence and quality of life. This can include different types of wheelchairs for various purposes (daily use, sports, etc.), specialized computer equipment, and adaptive devices for tasks like driving, cooking, or using the phone.

Transportation needs often change after a spinal cord injury. Your vehicle may need to be modified with hand controls, a wheelchair lift, or other adaptive equipment. In some cases, you may need to purchase a new, more suitable vehicle. Many individuals with spinal cord injuries need ongoing medical care. Regular check-ups, diagnostic tests, and treatments for secondary conditions are often necessary. This might include care for pressure sores, urinary tract infections, or respiratory issues.

Therapy and rehabilitation are often ongoing needs. Continuing physical therapy, occupational therapy, and other forms of rehabilitation can help maintain function and prevent complications. The cost of ongoing medications for pain management, spasticity control, and other issues related to your spinal cord injury should be factored in. Mental health services, such as counseling or psychotherapy, may be needed to help you cope with the emotional challenges of living with a spinal cord injury.

If you’re able to return to work in some capacity, you may need vocational rehabilitation or specialized training and education. Home maintenance services for tasks you once did yourself, like housekeeping, yard work, or home repairs, may now need to be hired out. To accurately project these costs over your lifetime, a spinal cord injury lawyer often works with life care planning experts. These professionals create detailed reports outlining your expected care needs and their associated costs, taking into account factors like your specific injury, overall health, age, and life expectancy.

It’s important to consider current costs and how these might change over time. For example, as you age, you may require more extensive care. Additionally, the costs of medical care and equipment typically increase over time, often at a rate higher than general inflation. Your life care plan should be comprehensive, considering even seemingly small details that can add up over a lifetime. For instance, the increased electricity costs from using power wheelchairs or other medical equipment should be factored in.

By including a thorough life care plan in your lawsuit, a spinal cord injury lawyer aims to ensure that you have the financial resources to meet your care needs for the rest of your life, maintaining the best possible quality of life and health outcomes.

Don’t Hesitate to Reach Out to a Spinal Cord Injury Lawyer

If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, don’t hesitate to reach out to a spinal cord injury lawyer. Most offer free initial consultations, allowing you to discuss your case and understand your options without any financial commitment.

Take the first step towards protecting your rights and securing your future. Contact a personal injury lawyer today to schedule a consultation and learn more about how you can move forward with your case.