Spinal cord injuries (SCIs) are among the most severe and life-altering injuries a person can experience. They often result in long-term or permanent disabilities, such as partial or full paralysis, loss of sensation, and impaired bodily functions. Personal injury law plays a vital role in helping victims of spinal cord injuries seek compensation for their medical expenses, lost wages, pain and suffering, and other damages. This legal framework is essential for addressing the profound physical, emotional, and financial toll these injuries impose on individuals and their families.
Understanding Spinal Cord Injuries
A spinal cord injury occurs when the spinal cord or nerves at the end of the spinal canal (cauda equina) are damaged. SCIs are often classified as complete or incomplete.
- Complete injury. There is total loss of function below the level of the injury, resulting in paralysis (quadriplegia or paraplegia).
- Incomplete injury. There is some degree of sensation or motor function below the site of the injury.
Common causes of spinal cord injuries include car accidents, falls, sports injuries, workplace accidents, and acts of violence. These injuries can lead to a lifetime of medical treatments, rehabilitation, adaptive technologies, and personal care, all of which carry significant financial burdens.
Personal Injury Law and Spinal Cord Injuries
Personal injury law allows victims of spinal cord injuries to seek compensation when their injury is caused by the negligent or wrongful conduct of another party. The goal of a personal injury lawsuit is to provide financial relief and hold the responsible party accountable for their actions or inactions.
To successfully pursue a spinal cord injury claim, the injured party must prove the following elements:
- Duty of care. The defendant owed the plaintiff a legal duty of care. For example, drivers have a duty to follow traffic laws, and employers have a duty to provide safe working conditions.
- Breach of duty. The defendant failed to meet their duty of care, acting negligently or recklessly. This could involve a driver running a red light or a business failing to maintain safe premises.
- The defendant’s breach of duty directly caused the spinal cord injury. In legal terms, this is known as “causation,” meaning the injury would not have occurred but for the defendant’s actions.
- The plaintiff must show they suffered quantifiable losses as a result of the injury, including medical expenses, lost wages, and pain and suffering.
Types of Compensation
Spinal cord injury victims are typically entitled to both economic and non-economic damages.
- Economic damages. These are measurable financial losses, such as current and future medical expenses, rehabilitation costs, lost wages, and diminished earning capacity.
- Non-economic damages. These cover intangible losses like pain and suffering, loss of enjoyment of life, emotional distress, and the impact on relationships (loss of consortium).
- In cases of extreme negligence or intentional harm, punitive damages may also be awarded to punish the defendant and deter future misconduct.
Long-Term Care and Future Damages
One of the most critical aspects of spinal cord injury litigation is calculating future costs. Many SCI victims require long-term or lifelong care, including ongoing medical treatments, assistive devices, and in-home care. In addition, the injured person may not be able to return to work, or they may need to pursue a different career that accommodates their new limitations. Personal injury attorneys often work with medical professionals, vocational experts, and economists to estimate the lifetime costs associated with the injury and ensure the victim receives adequate compensation.
Comparative Negligence
In some cases, the injured party may be found partially at fault for the accident that caused their injury. In states that follow comparative negligence laws, such as Alaska, the victim’s compensation may be reduced by their percentage of fault.
Spinal cord injuries are devastating, not just physically, but emotionally and financially as well. Personal injury law provides a legal pathway for victims to seek compensation and hold responsible parties accountable for their negligence. Given the complex nature of spinal cord injuries and their long-term impact, it is crucial for victims to work with experienced legal professionals who can help them navigate the intricacies of the legal system and secure the compensation they deserve.
At Barber & Associates, we work with victims of SCIs to ensure that they are treated fairly and recover the compensation they deserve. Give us a call to discuss your case today.