A spinal cord injury (SCI) is one of the most severe and devastating injuries a person can experience. Like the brain, the spinal cord cannot grow back if it is injured, meaning you will live with a permanent disability, ranging from foot or toe movement issues to complete paralysis. Aside from being painful, a SCI can be expensive to treat.
If you have sustained an SCI caused by another person's negligence or wrongdoing, you could qualify for compensatory damages for all your losses, including pain and suffering. However, securing the damages you deserve for all the financial losses caused by this catastrophic injury is not automatic.
You should consider retaining the services of a qualified and reputable attorney to secure adequate compensation for all your losses resulting from the injury. An experienced attorney can help you navigate the complex criminal justice system to increase your odds of securing adequate compensation for all your losses, including mental anguish and lost wages.
A Spinal Cord Injury at a Glance
As the name suggests, a SCI is an injury to your spinal cord (the bundle of nerves housed within the backbone or spinal column that helps your brain communicate with your body). If you have a SCI, you are likely to experience the following symptoms:
- Muscle spasms
- Breathing difficulties that could necessitate you using a ventilator
- Grossly exaggerated body reflexes
- Loss of sexual functions
- Loss of bowel and bladder control
- Loss of feeling in your chest
Since every SCI case is different, the above symptoms could vary from one person to another. If your SCI is due to another person's negligence or misconduct, an attorney can help you prepare a compensation claim.
Types of SCIs
Spinal cord injuries can be classified as complete or incomplete, depending on the extent of the injury and how it impacts your day-to-day activities. Below is a brief explanation of these two types of SCIs, respectively:
Complete SCI
Unfortunately, if you have a complete SCI, the area of the body below that injury will no longer communicate with your brain. That means you will lose your nerve and motor function, movement, and sensation below that injury. In other words, you will experience total paralysis in the area of the body below the injury.
Incomplete SCI
Unlike a complete SCI, the body can still communicate with the brain via your spinal column if you have an incomplete SCI. This implies that you will retain some degree of function below that injury, including the ability to move and feel things.
A severe SCI could require surgery to stabilize the condition and release pressure. The main goal of the surgery is to reduce the stress or strain on your cord by removing the fractured vertebrae exerting pressure on it.
Common Causes of SCI
A research study shows that over 17,000 people suffer spinal cord injuries each year. Below are some of the prevalent causes of these catastrophic injuries:
Auto Accidents
As mentioned above, cars are the leading cause of most SCI cases. While driving can be fun, it is also an inherently dangerous activity with several risks. Unlike what many think, even seemingly minor collisions on the road can result in an SCI on a rider or driver.
After a car accident, you should seek the services of a doctor as soon as possible to evaluate the severity of the injury and offer the necessary treatment. However, as soon as the dust settles, you should be ready to pursue compensatory damages from the at-fault party or his/her insurer.
If the other party was negligent or was drunk driving, he/she should pay you damages for your losses resulting from the SCI.
Slip and Fall Accidents
Slip-and-fall accidents can also cause SCIs. While any person can suffer an SCI caused by a fall accident, elderly individuals are more susceptible. The injury from the slip-and-fall accident is likely to be more devastating if it occurs during an elderly individual's senior years.
For instance, if you or a loved one suffered an SCI from a slip-and-fall accident in an elderly nursing facility, the property or business owner could be liable for your losses. SCI caused by fall accidents could also occur in the workplace, primarily if you work in the construction industry.
If your employer was negligent or failed to ensure the workplace was free from these hazards, he/she will be responsible for your losses resulting from the SCI.
Medical Malpractice
When you visit a healthcare provider or surgeon for medical treatment and somehow sustain additional injuries due to his/her mistakes or negligence, you could have a medical malpractice claim against him/her. Below are examples of mistakes or errors a healthcare provider can make, causing a patient to sustain a SCI:
- Failing to treat or diagnose a spinal stroke, tumor, or infection
- Delaying a surgical procedure
- Making a mistake during orthopedic surgery or neurosurgery
- Contributing to or causing a birth injury
If your attorney can prove that your doctor or surgeon's negligence or mistake caused your SCI, you could qualify for compensatory damages.
Assault or Physical Violence
When another person injures you due to his/her gross negligent acts or intentional acts, you can sue him/her for compensatory damages. These injuries include those that you sustain during sexual assault, fights, or gun violence. Aside from receiving compensatory damages for your losses, the court could also award you punitive damages to punish the offender for his/her wrongdoing.
Other common causes of SCI include:
- Sports injuries
- pedestrian accidents
- Boating accidents
Regardless of the cause of your SCI, retaining the services of a skilled attorney who understands how local courts treat SCI cases is a decision you cannot regret.
An experienced and aggressive attorney can thoroughly investigate your case and build evidence to help you secure adequate compensation for your losses caused by the SCI.
How Your Attorney Will Prove Fault in Your SCI Lawsuit
If settlement is not an option in your case, your attorney will file a lawsuit against the at-fault party to secure total compensation for your losses resulting from the SCI. Filing a lawsuit means you plan to hold the at-fault party accountable for all your losses resulting from the injury.
If your injury case is due to the negligence of another person, the court will expect your attorney to prove specific facts, also known as “elements of negligence,” to secure your compensation. They include:
Duty of Care
To secure compensatory damages for the SCI, your attorney must prove that the at-fault party owed him/her legal duty of care to prevent the foreseeable accident that led to your injuries. For instance, on the road, every motorist must drive their vehicles cautiously to avoid causing accidents.
Breach of the Duty of Care
The defendant or at-fault party should be liable for the damages resulting from the SCI if he/she failed to exercise reasonable care to keep you out of harm's way. For example, if the defendant was distracted while driving, your attorney can argue that he/she breached his/her duty of care on the road, causing the crash or accident that led to your injury.
Causation
Although the defendant breached his/her duty of care against you, it does not mean he/she caused your injuries. Your attorney must prove to the court that his/her actions were the direct cause of your injury.
Damages
After suffering an injury because of the defendant's negligence or mistake, your attorney must further prove that you incurred damages due to these injuries. That is why keeping all the receipts for the medical treatment and medication you will receive is a great idea. These receipts can help prove to the court the worth of your claim.
Like any other court case, your attorney must have adequate evidence to stand a chance of winning your compensation claim. Below are a few examples of evidence that could work in your favor at trial to secure the maximum compensatory damages for your losses in a SCI lawsuit:
- Photos of your injuries
- Expert witness statements from various experts, including vocational rehabilitation specialists, medical experts, and economists
- A police accident report
Potential Compensatory Damages in Your SCI Lawsuit
If you win the SCI lawsuit, the court could award you compensatory damages to help you pay for various non-economic and economic losses resulting from your SCI. The compensatory damages the court will award you should cover all your losses resulting from the injury, including:
Medical Expenses
You will receive compensation for all the medical expenses you have incurred and will likely incur in the future due to the SCI. The compensation you will receive for medical expenses will cover the following:
- Hospital stay costs
- Physical therapy costs
- Prescription medication costs
- Medical devices costs
- Counseling costs
Lost Wages
If your SCI lawsuit works in your favor, you will receive compensation for all the lost wages from the date of the injury to the date you filed your claim. You could also qualify for compensation for the lost earning capacity if the SCI has caused a permanent disability affecting your earning ability.
Pain and Suffering
The effects the SCI has had on you emotionally and physically, including emotional distress, chronic pain, mental anguish, and loss of enjoyment in life, are also compensable in a personal injury lawsuit.
Out-of-pocket costs
If your SCI lawsuit is successful, you will also receive compensation for all the money you or your family members had to use for transportation, attorney’s fees, property damage, and court costs.
Frequently Asked Questions (FAQs) About Spinal Cord Injury Lawsuits
Below are the most common questions our attorneys receive about SCI cases:
- What is the Potential Value of My SCI Lawsuit?
Every SCI case is different, and the monetary worth of your claim will depend on several factors that the judge will consider before deciding how much the at-fault party should pay you for your losses. Examples of these factors include, but are not limited to, the following:
- The severity of your injury
- Your age
- The available evidence
- Your medical bills
- The amount of time it will take to recover
- What is the Deadline for Filing a SCI Lawsuit?
Time is of the essence if you want to hold the party responsible for your SCI injury legally accountable for all your losses. Like any other personal injury case, you have up to two (2) years from the date of the injury to sue the at-fault party for damages.
When you fail to file your SCI lawsuit within this time limit, you lose your legal right to recover compensatory damages through the legal process.
- How Can a Personal Injury Attorney Help Me?
If you have a SCI case, you will rely on the services of an attorney to increase your odds of securing a favorable outcome. The attorney you will choose can help you in various ways, including:
- Gathering the evidence about the accident that led to your injuries
- Calculating your claim’s worth
- Handling all the necessary paperwork
- Negotiate with the at-fault party for a fair settlement
- File a lawsuit against the at-fault party on time
- identifying liable parties in your case
- How Does Comparative Negligence Law Affect the Monetary Value of My SCI Claim?
According to comparative negligence law, if you were partially or partly liable for your injury, you will receive compensatory damages based on your degree or percentage of fault or negligence. That means if, for example, you were 40% at fault for the accident, the court would reduce your compensatory damages based on this percentage of fault.
Find a Personal Injury Attorney Near Me
A SCI is the most severe injury you can sustain because it can alter your life forever. Aside from being a life-altering injury, treating SCI could leave you in a pit of debt because it could also require continued treatment. However, you do not have to deal with this alone.
Our credible attorneys at Jacksonville Personal Injury Attorney can help you deal with the at-fault party in and out of court to secure the best possible outcome. Call us at 904-800-7557 to discuss your case with our understanding attorneys for quick and aggressive legal representation.
