How Much Is Your Spinal Cord Injury Case Worth if You’re a Paraplegic?

After you have suffered a spinal cord injury that resulted in paraplegia, you may wonder about the compensation you could recover in a legal claim against those at fault for your injury. Spinal cord injuries can have a devastating financial impact on the lives of accident victims. Recovering from an injury can take weeks or months of hospital care and rehabilitation while suffering from permanent paralysis such as paraplegia means ongoing costs for the rest of an injury victim’s life. Continue reading to learn more about pursuing compensation for your spinal cord injury and paraplegia. If you are in such case, you may want to consider consulting with Orlando spinal cord injury lawyer to seek compensation.

Spinal Cord Injury Statistics

The National Spinal Cord Injury Statistical Center (NSCISC) reports that approximately nearly 18,000 people across the United States suffer spinal cord injuries yearly. The NSCISC also estimates that anywhere from 250,000 to 368,000 people in the U.S. currently live with complications of a spinal cord injury. Motor vehicle accidents are the most common cause of spinal cord injuries, followed by falls.

Although the NSCISC reports that the duration of medical care for spinal cord injuries has decreased since the 1970s, about 30 percent of people with spinal cord injuries today end up rehospitalized one or more times following their injury, with an average length of hospitalization of 18 days.

Spinal cord injuries often require expensive, ongoing medical treatment. The estimated healthcare costs and living expenses for spinal cord injury victims vary based on the severity of the injury, according to the NSCISC.

On average, yearly expenses include:

• Tetraplegia/quadriplegia from a spinal cord injury in C1 to C4: $1,149,629 for the first year, $199,637 for subsequent years
• Tetraplegia/quadriplegia from a spinal cord injury in C5 to C8: $830,708 for the first year, $122,468 for subsequent years
• Paraplegia: $560,287 for the first year, $74,221 for subsequent years

The NSCISC reports that despite advances in medical care, life expectancy for people with spinal cord injuries has not improved significantly over the past few decades. However, life expectancy does increase for people who survive the first year following a spinal cord injury. The average life expectancy for someone who suffers a spinal cord injury at age 20 varies depending on the circumstances.

The life expectancies follow:

• Ventilator-dependent: 9.8 years after surviving the first 24 hours, 16.9 years after surviving at least one year
• C1 to C4 injury: 32.5 years after surviving the first 24 hours, 33.6 years after surviving at least one year
• C5 to C8 injury: 39.1 years after surviving the first 24 hours, 40 years after surviving at least one year
• Paraplegia: 44.7 years after surviving the first 24 hours, 45.1 years after surviving at least one year

Common Causes of Spinal Cord Injuries

Some of the most common causes of spinal cord injuries include:

• Car accidents
• Truck accidents
• Motorcycle accidents
• Bicycle accidents
• Pedestrian accidents
• SUV accidents
• Slip-and-falls, trip-and-falls, or falls from heights
• Aviation accidents
• Boating or watercraft accidents
• Violent assaults
• Sports or recreational accidents
• Medical malpractice

Types of Spinal Cord Injuries and Paralysis

Doctors often categorize spinal cord injuries according to their location on the spinal cord. The spinal cord has three regions of articulating vertebrae or backbones—the cervical region in the neck and shoulders, the thoracic region in the upper and mid back, and the lumbar region in the lower back.

A spinal cord injury can cause different effects on the body depending on the location of the injury:

• Lumbar spinal cord injuries: Can affect the legs, pelvis, and potentially lower abdomen
• Thoracic spinal cord injuries: Can affect the lower torso, trunk, and potentially the hands and arms
• Cervical spinal cord injury: Usually affects the entire body below the shoulders

The degree of paralysis caused by a spinal cord injury will depend on the completeness of the injury. Incomplete spinal cord injuries often allow an injury victim to retain some feeling and motor function below the location of the injury. However, a complete spinal cord injury means the spinal cord has completely severed, cutting off any feeling or motor function below the injury site.

Paralysis from a spinal cord injury often falls under one of two categories:

• Paraplegia, or impairment of the lower torso
• Tetraplegia or quadriplegia, or impairment of both the upper and lower torso

Incomplete spinal cord injuries may also result in hemiplegia, where only one side of the body suffers from paralysis.

What Steps Should You Take After Suffering a Spinal Cord Injury in an Accident?

To protect your rights to pursue maximum compensation for a spinal cord injury:

• Report the accident to the appropriate authorities, such as reporting an auto accident to law enforcement or reporting an accident on someone’s premises to the property or business owner
• Seek immediate medical attention and follow your doctor’s treatment recommendations and instructions
• Do not put off any treatment or medical appointments
• Gather documentation of your injuries and losses, such as accident reports, medical reports from your treatment, bills, invoices, and your pay stubs or income statements
• Keep a diary or journal to document the pain, physical difficulties, and changes to your life you experience due to your injury
• Reach out to a spinal cord injury attorney to learn more about your options for pursuing claims for financial relief against those parties at fault for your injury

Expenses Your Spinal Cord Injury Claim Might Recover

Current medical technology, unfortunately, has no way to reverse the damage of a spinal cord injury. Instead, treatment focuses on preventing further injury and preparing a spinal cord injury victim to resume an independent, productive life.

All of these measures cost money that your claim can recover:

• Rehabilitation services, including physical therapy, occupational therapy, recreational therapy, psychological care, and dietary or nutrition support
• Medications to manage complications of spinal cord injuries, including relieving pain or muscle spasticity or improving bladder and bowel control
• Medical devices, such as wheelchairs that provide mobility over a wide range of surfaces, electronic aids, and computer adaptations

Long-term Complications of Spinal Cord Injuries

Paralysis from a spinal cord injury can cause various medical complications throughout an injury victim’s life.

Common complications include:

• Difficulties with bladder control, which can increase the risk of kidney stones and urinary tract infections
• Challenges with bowel control, which can make it difficult to maintain regular movement
• Increased risk of pressure ulcers and bed sores
• Problems with circulatory control, including low blood pressure or high blood pressure and increased risk of blood clots
• Difficulties with breathing or clearing the lungs, which can increase the risk of respiratory infections
• Loss of bone density and increased risk of fractures
• Loss of muscle tone or uncontrolled tightening of muscles
• Difficulties maintaining fitness due to problems with eating or due to a more sedentary lifestyle
• Changes to sexual function and sensitivity
• Chronic pain at the site of a spinal cord injury or muscle and joint pain from overuse

Pursuing Financial Recovery for a Spinal Cord Injury

Depending on the circumstances that led to your spinal cord injury, you may have multiple options for seeking financial relief for your losses. For example, if you suffered a spinal cord injury in an auto accident, you could pursue compensation for your medical expenses and lost wages from the personal injury protection (PIP) coverage in your auto insurance policy if you opted to purchase PIP.

You may also have the right to file legal claims against parties whose negligence or legal fault caused your spinal cord injury.

In a spinal cord injury claim, you may seek compensation for expenses and losses such as:

• Medical treatment expenses, including hospitalization, physical or occupational therapy, doctor’s appointments, and prescription costs
• Costs of long-term care and support, such as home health services, purchases of medical or mobility equipment, or home renovations to install disability accommodations
• Loss of wages or income for the time from work you miss while undergoing treatment and rehabilitation
• Loss of future earnings and employment benefits if you cannot return to your job or be gainfully employed
• Physical pain and suffering
• Emotional trauma and distress
• Loss of quality of life due to physical impairments that interfere with daily living or participating in activities you previously enjoyed
• Reduced life expectancy

Frequently Asked Questions About Spinal Cord Injury Claims

Common questions that spinal cord injury victims have about their legal rights to compensation include the following:

How Long Do You Have to File a Spinal Cord Injury Lawsuit?

The deadline to file a spinal cord injury lawsuit in Florida depends on the cause of the injury. For example, if you suffer a spinal cord injury in an auto accident, the statute of limitations gives you four years to file a suit. However, the statute of limitations for spinal cord injuries caused by medical malpractice gives you two years to file a lawsuit.

The clock begins running from the date of the injury or the date the patient discovers their injury. The court can dismiss a lawsuit filed after the statutory deadline.

In addition, if you have a spinal cord injury claim against the state government or a local government in Florida, you must provide the relevant government agency with notice of your claim within three years of the date of your injury, according to Florida’s Tort Claims Act. If the government denies your claim, you must also file your lawsuit by the statutory deadline.

These deadlines make it essential to speak to a spinal cord injury lawyer as soon as possible to ensure you do not lose your right to seek compensation in civil court for your injury.

When Will You Recover Compensation for a Spinal Cord Injury and Paraplegia?

Unfortunately, estimating how long it may take to obtain compensation for your spinal cord injury and paraplegia can be challenging.

Multiple factors will affect the timeline of your legal claims, including:

• The severity of your injury and degree of paralysis
• How long you need to undergo medical treatment and rehabilitation
• Whether you miss time from work or cannot return to your job
• Whether anyone else suffered injuries in the same accident or incident that caused your spinal cord injury
• The number of parties liable for your injuries and losses
• Whether you share any fault for the accident or incident that caused your spinal cord injury
• The availability of insurance coverage or the financial resources of liable parties
• The complexity of the evidence underlying your case
• The skill and resources of your attorney
• Whether you need to file a lawsuit to pursue compensation and the scheduling of the trial court

Do You Need a Lawyer To Get a Settlement From the Insurance Company?

Working with a personal injury law firm in Orlando can give you the best chance of maximizing your financial relief from a spinal cord injury.

A lawyer can help you with all the aspects of preparing and pursuing legal claims, including:

• Investigating the accident or incident that led to your spinal cord injury to secure evidence for your claim
• Identifying liable parties and applicable insurance coverage
• Documenting your ongoing expenses and financial losses and working with medical, vocational, and financial experts to calculate your future needs
• Explaining your legal options and the claims process to you, so you know what to expect at each stage of your case
• Putting together a compelling, persuasive insurance claim or demand letter to strengthen your case
• Negotiating with the insurance companies on your behalf, so you have the space and freedom to focus your time and energy on your recovery and rehabilitation
• Taking your claims to court and trial if the insurance company won’t offer you a fair settlement

Remember that most spinal cord injury lawyers represent injury victims on a contingency fee basis, which means the lawyer only gets paid if they recover compensation for their client in a settlement or court judgment. By hiring legal counsel after a spinal cord injury, you’ll have someone advocating for the maximum compensation for you. Call Michael T. Gibson, P.A. at 407-422-4529  or contact us online for your free consultation today.