Spinal Cord Injuries can be incredibly devastating to those unfortunate enough to have to experience them. While damage to the spinal cord can leave victims with minor nerve damage, it can also leave a victim permanently paralyzed. The treatment required, even for minor spinal cord injuries can also be damaging, as the medical expense of these treatments can leave victims with a mountain of debt. Thankfully, if your spinal cord injury was caused due to a car accident that occurred at the fault of another driver, you may be eligible to sue said ‘at-fault driver’ for monetary compensation for the spinal cord injury caused by the car accident. However, filing a lawsuit for spinal cord injury can be somewhat tricky as there are some nuances involved in bringing your case forward successfully. At Normandie Law Firm, one of the top law firms in the city, a skilled attorney with expertise in spinal cord injury lawsuits can assist you in not only bringing your spinal injury case forward but also in helping you understand what the potential value of your case may be. If you have any questions after reading this article, please feel free to contact our top-rated law offices for a free consultation by one of our experienced lawyers.
Spinal Cord Injuries
The spinal cord is known as the bundle of nerves that carry signals back and forth between the brain and the rest of the body. This cord is crucial to the entire nervous system of the body and runs down the center of an individual’s back. Spinal cord injuries are often defined as damage that is inflicted to any part of the spinal cord or the nerves at the end of the spinal canal. These injuries can cause permanent changes in strength, sensation, and other bodily functions beneath the location of the injury. Spinal cord injuries can occur either as complete or incomplete depending on the severity of said injury. Incomplete spinal cord injuries are considered as damage to the spinal cord that can result in a loss of sensations and movement beneath the point of the injury. Complete spinal cord injuries, however, can leave the victim paralyzed below the point of injury. All spinal cord injuries should be met with immediate medical treatment regardless of the severity as to avoid long-term effects. These treatments can involve medicine, braces or traction to stabilize the spine and surgery. Further treatment can include more medication and rehabilitation therapy. Listed below are some symptoms of a spinal cord injury:
- Degrees of paralysis including tetraplegia/quadriplegia and paraplegia
- Trouble breathing (need for a respirator)
- Problems with bladder or bowel function
- Frequent infections
- Bedsores
- Chronic pain
- Headaches
- Changes in personality or mood
- Loss of libido or sexual function
- Loss of fertility
- Nerve pain
- Chronic muscle pain
- Pneumonia
While this article is focused on car accidents, spinal cord injuries can be caused by some other accidents as well. Some common causes of spinal cord injuries are listed as follows:
- Car (Auto) Accidents
- Motorcycle Accidents
- Slip (trip) and fall accidents
- Medical or Surgical Malpractice
- Workplace Accidents
You should not have to endure the damages of a spinal cord injury alone. If you or a loved one has suffered spinal cord damage as a result of a car accident due to the negligence or misconduct of another behind the wheel, you may be eligible to file a lawsuit to collect compensation for the damages that you have endured. An accomplished attorney who has experience in spinal cord injury cases can give you further information.
Spinal Cord Injuries Caused by Auto Accidents
Based on a report by the US National Highway Traffic Safety Administration or NHTSA, approximately 1.3 million people are killed every year as a result of auto accidents. On top of that, an additional 20-30 million individuals are left either seriously injured or with a lifetime disability. One of the most common damages that a person can suffer as a result of an auto accident is spinal cord damage. Severe spinal cord damage from a car accident can lead to a case of nerve damage, paraplegia, or even quadriplegia. Spinal cord injuries occur from auto accidents because the force involved can inflict a considerate amount of pressure on the spinal cord resulting in injuries that are sometimes impossible to fully recover from. In seeking compensation for auto accident spinal injury cases, it is important to understand key aspects that might make or break your case.
First and foremost, the statute of limitations is certainly worth taking into account when filing your spinal cord injury car accident lawsuit. The statute of limitations for any case is the time in which an individual can bring a case forward to court. If this statute of limitations is disregarded, there is a high chance that the plaintiff could find their case dismissed from court entirely. These statutes also differ from state to state, and for this reason, it is crucial that you seek the legal representation from an attorney learned in the statute of limitations that govern your particular state. For instance, in the state of California, spinal cord injury victims have two years to bring their car accident case to court before they risk having their case dismissed.
Secondly, it is important that you can prove the fault of the other party. The process of proving fault tends to vary from state to state, some states offering no-fault in regards to car accidents, and others declaring partial-fault. This is another reason why having an attorney that understands the nuanced laws that govern your state is important. One of the greatest assets in proving the fault of another party though is evidence. Adequate evidence can involve: photographs, video footage, eyewitness testimony, or police reports. It is highly recommended that you gather this evidence immediately, as the longer you wait, the more likely crucial evidence is to be lost with time.
A qualified lawyer experienced in spinal cord injury cases can help you assemble all of your evidence.
Value of a Spinal Cord Injury Case Caused by an Accident
Many of our clients who enter our law firm seeking representation for their spinal cord injury case ask a wide series of questions regarding the value of their case. In most instances, those who wonder “how much is my case worth,” already have an attorney, however, are not satisfied with their current service. Fortunately, our attorneys at Normandie Law Firm ensure that all of our clients receive the resources they need to seek full compensation regardless if they already have an attorney or not. Some frequently asked questions regarding the value of a case are listed as follows:
- What is the average case settlement value of a spine injury case after a car accident?
- What is the average case value for being paralyzed from an accident?
- What is the average compensation for a paralysis injury case?
- What is the average recovery for a spinal cord injury that happened because of a car crash?
- How much is a spinal cord injury lawsuit worth?
How much your case is worth depends on a variety of factors that can change dramatically from case to case. For instance, a car accident that leads into quadriplegia of the victim is going to accrue a far higher compensation amount than the value of someone who is only partially paralyzed due to a car accident. These differences in the value of a spinal cord injury lawsuit due to a car accident, make it so that determining an accurate average value is challenging. While our attorneys could calculate a possible average, there is no guarantee that average will apply to your case.
As it stands, your spinal injury lawsuit is worth over $120,000 if the injuries had an impact on your life and you can prove that the responsible party were wholly negligent in his actions. Your damages must justify a high amount; for example, your case could be worth over $350,000 if you require numerous medical treatments and you are left in a state of permanent pain, as spinal injuries are fickle in that way.
However, that is not to say that it is impossible to determine the average value of cases like a: paraplegia injury lawsuit caused by an auto accident, or the average compensation for a paralysis injury case. The best way to discern the value of your spinal injury caused by auto accident lawsuit is to calculate the compensable damages involved. Compensable damages typically come in three forms, economic damages, noneconomic damages and punitive damages.
Economic damages often make up most of the case value of a spinal injury lawsuit. This is because economic damages are made up of values that are far easier to calculate than other damages. Some aspects that make up economic damages in a case are listed as follows:
- Past & Future Medical Expenses: These are the costs that a victim must endure for the hospitalization of the initial injury and any further treatment needed in the future because of this injury. These expenses often make up a significant portion of a settlement value.
- Loss of Income: These compensatory damages meant to reimburse the victim for any wages lost from the injuries. This amount can be determined through a thorough examination of the victim’s salary history and often includes sick and vacation time.
- Loss of Potential Income: Sometimes injuries can be so severe that the victim may lose the ability to perform at the same level they had before their injuries. To determine this amount, a complicated formula is used that involves the examination of the victim’s projected earnings and the impact that the damages may have had on the victim’s ability to find and perform future work.
Noneconomic damages are a little more challenging to calculate as they are made up of damages that are not so easy to define. An attorney could best assist you in calculating these damages. However, we’ve compiled a list of the aspects of noneconomic damages below as a helpful reference:
- Pain and suffering: This damage is compensated to a victim based on the pain and suffering they endured from their injuries. This amount is often calculated by the use of a pain multiplier that has the victim identify their level of pain on a scale of one to ten.
- Emotional Distress: This form of compensation is offered to victims that have experienced any emotional trauma suffered due to the injuries. The compensable amount of emotional distress often varies from state to state.
- Loss of Consortium: Loss of consortium is often added to the value of your case when the injuries are so severe that the victim’s loved ones are deprived of a normal loving relationship and companionship
Lastly are the punitive damages. Punitive damages are applied to the overall value of a case with the purpose of punishing the defendant and deterring them from engaging in the further conduct. Punitive damages are typically difficult to fight for as the attorney must be able to prove that the defendant acted with some form of intent. Lesser attorneys will often settle cases without the pursuit of punitive damages. However, our expert attorneys with experience in spinal cord injury cases at Normandie Law Firm are committed to ensuring our clients receive all the compensation that they demand; punitive damages included.
As a helpful reference to you and your case, we’ve compiled a list of some sample spinal cord injury lawsuit settlements:
- A case settled for $662,500 after a 45-year-old man sustained a neck injury after being rear-ended by another car. This led to a costly cervical fusion surgery.
- A case settled for $775,282 after a 26-year-old man was hit by a rental car that made an illegal U-turn. The plaintiff suffered a herniated disc which required two surgeries. He also sustained substantial damage to his vehicle.
- An electrician settled their case for $2,475,000 when he was injured on a job site by a falling pipe. This accident resulted in spinal surgery.
- A 60-year-old railroad worker settled their case for $450,000 after they fell from a boxcar, and suffered a soft tissue injury as well as significant wage loss eventually resulting in retirement from the railroad
- A plaintiff settled their case for $419,132 after they were rear-ended in an intersection. The force of the impact pushed the plaintiff’s vehicle into the stopped vehicle in front of them causing significant property and neck and upper back injuries.
How Normandie Law Firm Can Help
Having an experienced attorney on your side can make the difference between filing a successful claim for compensation and having your lawsuit dismissed from court entirely. At the top-rated Normandie Law Firm, our experienced attorneys can assist you in not only fighting our case but helping you determine how much your particular case is worth. Our attorneys practice in San Diego, Orange County, Riverside, Bakersfield, San Francisco, Fresno, Sacramento and throughout the state of California.
Free Second Opinions
Some attorneys are lazy, and will sign you up to their firm but will disappear once your name is on the paper as they are busy signing up more cases. In these instances, their business is based more on volume and will attempt to sign up as many cases as possible. In turn, they will spend less time on cases resulting in severely reduced settlements. Our firm will not treat you like a number. We will be in communication with you throughout our lawsuit and will treat you like family. So if you already have an attorney don’t worry, we’ll give you a second review of your case 100% free of charge.
Zero Fee Guarantee — No Upfront Fees Ever
If you contact our law offices today, we can walk you through the complicated process of filing your claim completely free of charge. As a show this commitment to you and your case we offer our clients the benefits of a zero fee guarantee policy. Under our zero fee policy, all clients don’t pay for our services until their case is won. If you feel in need of a second opinion, second opinion case reviews are also free under this policy. Please, feel free to give us a call, and we can guide you down the path of receiving proper compensation for your damages. An attorney with experience handling spinal cord injury claims will be able to take your call.
