Spinal cord injuries are often catastrophic, and the victim generally requires care for the length of his or her life. Accident victims who have suffered spinal cord injuries may be entitled to compensation for loss of income, future medical expenses, and pain and suffering.
For many people with serious spinal cord injuries that result in paraplegia or quadriplegia, the future care expenses are likely to be so high that there is no alternative but to seek compensation for them. The high future expenses, significant potential future wage loss, and pain and suffering often lead to very large claims for individuals who have sustained spinal cord injuries. As such, these cases require skilled representation by a personal injury attorney who has experience settling or trying spinal cord injury cases.
When victims are looking for a lawyer to handle their serious spinal cord injury case, they will make a better decision if they are aware of the types of claims a lawyer should be making on their behalf. The following factors should be considered in spinal injury cases:
- Loss of Earning Capacity – Loss of earning capacity is one of the major factors taken into consideration in a spinal cord injury claim. In order to determine earning capacity, a vocational expert will testify about how much of the victim’s expected lifetime earnings will be lost due to injury. Many SCI survivors cannot ever return to work; others do eventually, but they may have to take a lower paying position and their recovery may take a period of years. The vocational expert will show the jury what the victim would have expected to have earned over his or her lifetime had injury not occurred.
- Future Care Costs – Most people who suffer spinal cord injuries need various degrees of care throughout their lives. This care may range from a part-time housekeeper to a full-time attendant, as well as various medical services. A life care planner will assess the victim’s possible future needs and testify about them to a jury.
- Pain and Suffering – Pain and suffering is by far the most difficult element to assess in a spinal cord injury case, as it is less easy to pin down than lost wages or medical expenses. Being compensated for pain and suffering is an attempt to compensate a victim for the time that he or she is in pain after an accident. It deals with how one’s life was affected by the accident and one’s ability to carry out the activities of daily living.
Although these are not exhaustive categories, these are the major items that a spinal cord injury victim should discuss with a personal injury lawyer when advancing a claim or deciding whether or not to accept a settlement.
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