Legal Rights And Compensation After Spinal Cord Injuries
Spinal cord injuries represent some of the most devastating outcomes from accidents. These injuries often result in permanent paralysis, loss of sensation, and lifelong medical needs that fundamentally change every aspect of a person’s existence.
Our friends at Kelso Law discuss how these cases demand thorough legal representation due to the extraordinary costs and lifetime care requirements involved. A spinal cord injury lawyer works to secure maximum compensation that accounts for decades of medical treatment, equipment, home modifications, and lost earning potential.
Understanding Spinal Cord Injury Impact
The National Spinal Cord Injury Statistical Center reports approximately 18,000 new spinal cord injury cases occur annually in the United States. The average age at injury is 43 years, meaning most victims face 30 to 40 years or more of living with their disability.
These injuries cause complete or incomplete paralysis depending on the location and severity of the spinal damage. Cervical injuries affecting the neck area can result in quadriplegia, while thoracic, lumbar, or sacral injuries may cause paraplegia. Both conditions require extensive medical intervention and lifelong assistance.
Common Causes We Handle
Spinal cord injuries result from various types of accidents and incidents. Motor vehicle crashes account for a significant percentage of cases, particularly accidents involving commercial trucks or high-speed collisions. Falls from heights at construction sites or due to property hazards cause many spinal injuries.
Other frequent causes include:
- Workplace accidents and industrial incidents
- Diving accidents and water sports injuries
- Acts of violence including shootings or assaults
- Medical malpractice during surgery or treatment
- Defective products or equipment failures
- Pedestrian and bicycle accidents
Identifying the cause helps us determine which parties bear liability and what insurance coverage applies.
Calculating Lifetime Costs
The financial burden of a spinal cord injury extends far beyond initial hospitalization. Medical expenses include emergency treatment, surgery, rehabilitation, ongoing physician care, prescription medications, and regular medical equipment replacement. Victims typically require wheelchairs, specialized beds, bathroom equipment, and other adaptive devices throughout their lives.
Home modifications become necessary to accommodate wheelchairs and accessibility needs. Many people must move to single-story homes or install ramps, widened doorways, roll-in showers, and elevator systems. Vehicle modifications allow for continued independence and mobility.
Personal care assistance represents another major ongoing expense. Many spinal cord injury victims need help with daily activities like bathing, dressing, meal preparation, and household tasks. Some require 24-hour attendant care depending on their level of injury.
Lost Earning Capacity Matters
Most spinal cord injury victims cannot return to their previous employment. The inability to work for potentially 30 or 40 years creates enormous economic losses. We calculate what you would have earned throughout your career, including salary increases, bonuses, and benefits.
Some people can work in modified capacities after extensive rehabilitation and vocational training. However, their earning potential typically falls far short of what they would have achieved without the injury. We account for this reduced capacity when demanding compensation.
Multiple Liable Parties
Spinal cord injury cases often involve several responsible parties. In workplace accidents, we may pursue claims against employers, equipment manufacturers, property owners, and third-party contractors. Motor vehicle accidents might implicate multiple drivers, trucking companies, and vehicle manufacturers.
Each potentially liable party carries separate insurance coverage. Identifying all responsible parties and available insurance policies maximizes the compensation available to cover your lifetime needs.
Why These Cases Take Time
We cannot rush spinal cord injury cases to settlement. The full extent of injuries and required care may not become apparent for months or even years after the initial trauma. Accepting an early settlement often means leaving money on the table that you’ll desperately need later.
We work with medical professionals, life care planners, economists, and vocational rehabilitation specialists to project lifetime costs accurately. This process takes time but produces the detailed evidence needed to justify appropriate compensation demands.
Proving Negligence
Winning your case requires demonstrating that someone else’s negligence or wrongful conduct caused your injury. We gather accident reports, witness statements, expert testimony, and physical evidence from the scene. Depending on the case type, we may need accident reconstruction, workplace safety analysis, or medical malpractice experts.
The burden of proof rests with us to show that the defendant breached a duty of care and that this breach directly resulted in your spinal cord injury. Strong evidence and compelling expert testimony make the difference between adequate compensation and settlements that fall short of your needs.
Taking The Next Step
Living with a spinal cord injury requires resources, support, and comprehensive medical care. The financial demands can overwhelm families already dealing with emotional trauma and major life adjustments. Legal action may provide the means to access proper treatment and maintain quality of life despite your injury.
If you or a family member has suffered a spinal cord injury due to someone else’s actions or negligence, we encourage you to discuss your situation with an attorney who handles these cases. Understanding your legal rights and potential compensation helps you plan for the future and access the care you need.
Meet Bennett M. Cohen
San Francisco Personal Injury Attorney
Bennett M. Cohen brings over 30 years of litigation experience which includes representing plaintiffs against massive companies like the Shell Oil Company, Standard Insurance Company, and Metropolitan Life Insurance Company. Bennett M. Cohen brings an experienced and dynamic touch that separates himself from large law firms. He can oversee every aspect of your case, ensuring you receive specialized assistance.
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