No matter whether you’ve recently been in an accident or you were injured within the past couple years, you have an important decision to make. Do you, or do you not, pursue a spinal cord injury (SCI) lawsuit for injuries you sustained?
When to Contact a Spinal Cord Injury Lawyer
There are many reasons why people who have sustained spinal cord injuries choose to file a lawsuit. Spinal cord injuries are among the most traumatic and devastating injuries a person can sustain and require comprehensive, ongoing treatment.
An SCI often results in:
- A partial or complete loss of physical sensation and motor function below the injury;
- A loss of independence or the ability to care for oneself;
- A loss of income by no longer being able to work;
- Exceedingly high medical bills and other financial concerns;
- A loss or changes to relationships; and
- Mental anguish or depression.
These are just a few of the reasons why you should consider pursuing a spinal cord injury lawsuit or settlement. But, what are some of the benefits of pursuing legal action?
To Seek Compensation for Your Injuries
Spinal cord injuries are among the most expensive injuries in terms of initial and ongoing medical care, treatment, support, and general living costs. These injuries vary in terms of severity, recovery potential, and their overall impact on your life.
In addition to suffering the physical pain and suffering of a spinal cord injury, you also may have to deal with the loss of independence and loss of consortium (companionship) that can result from such a traumatic injury.
Costs of Treatment and Ongoing Care
The costs associated with spinal cord injury medical treatment and ongoing care are astronomical. In fact, by 2013, it was estimated that spinal cord injuries cost the U.S. healthcare system approximately $40.5 billion each year — a 330% increase from the previous estimated annual costs of $9.8 billion in 1998.
The average yearly expenses in the first year for an individual with a high tetraplegia spinal cord injury is $1.079 million, and the cost for each subsequent year averages $187,443.
We’ve put together another article about some of the other hidden costs of spinal cord injuries.
Lost Income and Inability to Work
If you’ve suffered a severe spinal cord injury, you may be eligible to receive compensation for economic damages that stem from lost wages and income earning potential. Lost wages are the past and current wages that you have been unable to earn from the moment of your injury.
Unfortunately, it is common for people who have sustained SCIs to go months or years without being able to work due to their injuries. In some cases, they may be unable to work for the rest of their lives. For those can are able to work at least part time, many are unable to return to their previous forms of employment, meaning that they’re unable to achieve the same level of income they had prior to their injury.
If you are in this kind of situation now due to your injuries, you may be entitled to compensation for your lost wages from the person, municipality or business that is responsible. In some specific cases, you also may be able to seek damages for income you’ve had to forego due to limited mobility, hospitalizations, and ongoing recovery process.
To Seek Justice for Your Spinal Cord Injury
If your injury was the result of someone else’s negligence or intentional actions, you have a right to seek justice for the damage that individual caused. This will give you at least some satisfaction in knowing that the person or another third party will be held responsible for what happened to you. It also may instigate future positive changes in their lives or business practices of those responsible that may prevent another individual from ending up in your life-changing situation.
Proving Fault
There are many other examples of how other people, municipalities or organizations may be responsible for your injuries. However, your challenge is that you’ll need to prove fault in order to hold anyone accountable for any injuries that were caused as a direct or indirect result of their actions or inactions.
When it comes to spinal cord injury lawsuits, there are two main ways to show that someone else was responsible for your injuries. These reasons include personal negligence and faulty products.
In the case of car accidents, which are the most common cause of spinal cord injuries in the U.S., these injuries can be caused by:
- A defective product, such as faulty brakes;
- Negligence of another driver who engaged in distracted driving or by breaking the law (speeding, running a red light, etc.); or
- Negligence of a third party that didn’t properly maintain a vehicle or other property, roads, or related contributing factors;
Case Results for Swope, Rodante P.A.
The experienced spinal cord injury lawyers at Swope, Rodante P.A. have been successfully representing clients with seemingly impossible trials. One case, which involved a U.S. Army veteran who became a ventilator-dependent quadriplegic after his minivan was t-boned by a dump truck, resulted in a $12.5 million settlement — impacting his and his family's financial stability.
Due to the incredible costs associated with medical and ongoing care, pain and suffering, and other injury-related financial losses that stem from lost income, many spinal cord injury lawsuits can take years if they go to trial. This is why many SCI survivors who choose to seek a personal injury lawsuit or settlement hire an attorney to handle their case.
If you’ve been in an accident within the past few years, you still may be eligible to file a case under the statute of limitations.
Speak with one of our spinal cord injury attorneys to see whether you have a case.
