Impact of a Spinal Cord Injury and Recoverable Damages
A spinal cord injury has a significant impact on a person’s life. When awarding damages in spinal cord injury cases, the settlement or damage award should account for the long-term effect. For instance, those who suffer paralysis or other severe spinal cord damage may be unable to work. They will suffer lost income and earning capacity. Compensation must account for these factors.
Similarly, the cost of treating such a serious injury can be astronomical. A damage award can cover the cost of medical expenses, physical therapy, hospital care, medication, and necessary renovations to accommodate a disability. In spinal cord injury cases, the burden is on the victim to prove negligence against the person responsible. Consult our attorney in Los Angeles about how to succeed with a spinal cord injury claim.
Types of Spinal Cord Injuries and How Injury Severity Affects Compensation
Spinal cord injuries can occur along any part of the spinal cord. Doctors classify spinal injuries based on their severity and how they affect the body:
- Complete – These injuries result in a total loss of feeling and motor control below the site of the spinal cord injury
- Incomplete – These injuries result in partial loss of movement and motor control below the site of the spinal cord injury
Doctors describe the paralysis resulting from a spinal injury as:
- Paraplegia – Paralysis affecting the hands, arms, legs, trunk, and pelvic organs
- Tetraplegia (quadriplegia) – Paralysis affecting the legs, all or part of the trunk, and the pelvic organs, but not the arms
Typically, the more severe your injury is and the greater the extent of your paralysis, the higher your compensation will be. This is because more serious injuries have a greater effect on your ability to work and your overall well-being and quality of life.
More extensive paralysis can also lead to more significant medical costs, including the cost of Personal Care Attendants (PCAs) to help with Activities of Daily Living (ADLs).
Our Los Angeles spinal cord injury attorneys could help you identify current and ongoing injury-related expenses. When necessary, we will work with medical professionals, life-care planners, and other experts to ensure we pursue all of the money you need for your future care.
How Does the Statute of Limitations Affect Spinal Injury Claims?
According to California Code of Civil Procedure § 335.1, you have two years from when your injury occurred to file most personal injury lawsuits. This statute of limitations is critical, even if you plan to pursue your damages through an insurance claim, such as an auto liability insurance claim against an at-fault driver.
If the two-year window runs out, the court will usually not allow you to sue. Without the threat of a suit, there is nothing incentivizing the insurance company to offer you a fair settlement. You may have to accept a denial of your claim or a lowball offer because you no longer have any avenue for legal recourse.
Our spinal cord injury lawyers in Los Angeles could help you avoid missing essential deadlines. We could conduct an investigation of the accident that caused your injury, file your insurance claims, work through settlement negotiations, and file your case in civil court if necessary. We prepare every claim for trial and do not back down.
Where Can Spinal Cord Injury Survivors Find Resources?
There are numerous support groups and rehabilitation centers for spinal cord injury survivors in the Los Angeles area. These centers include the Rancho Los Amigos National Rehabilitation Center, which is one of only 14 Spinal Cord Injury Model System (SCIMS) Centers in the country.
Nationwide, survivors and their families can find resources and support through the Christopher & Dana Reeve Foundation and the United Spinal Association.
Our lawyers could also provide legal guidance to Los Angeles spinal cord injury survivors.
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