A spinal cord injury is a life-altering event that can significantly impact your all-round well-being. Involvement in an accident that leads to a spinal injury can be a traumatic event. However, it is important to know the type of damage associated with the injury.
A spinal injury lawyer can help you in handling this case. Moreover, as you are resting, they will navigate the legal avenues to seek the available damages. Here are the types of damages you can seek for a spinal injury.
Medical Expenses
Medical expenses are one of the most significant costs associated with a spinal cord injury. These expenses include the cost of emergency treatment, hospitalization, rehabilitation, and ongoing care.
Emergency treatment is often required immediately following the injury. It includes initial treatment and surgery to stabilize the spine and prevent further damage.
Hospitalization is the next step following emergency treatment. The length of the hospital stay will depend on the extent of the injury. However, it can last for several weeks or even months.
Rehabilitation is an essential step in recovery. It includes therapy to help a patient regain mobility and strength. It can be a long-term process that may need many sessions.
Ongoing care is also an aspect of recovery that includes continued medication and assistive technology such as wheelchairs.
Additionally, some spinal cord injuries lead to permanent disability. It means you may need ongoing help throughout your lifetime. The lifetime cost of this care should be considered when seeking damages.
Lost Income
A spinal injury may prevent you from returning to work or result in a decreased earning capacity. You can recover the lost wages through a personal injury claim.
If you cannot return to work due to the injury, you can seek damages for the income you would have earned if you had been able to continue working. This can include your salary and benefits such as health insurance and retirement contributions.
Also, If the injury decreases your earning capacity, you can seek damages for the difference between what they were able to make before and after the injury.
Providing a history of your paychecks is vital in proving the number of damages to be paid. A spinal injury lawyer gathers all this evidence and testimony from fellow employees of your earning ability.
Pain and Suffering
A spinal cord injury can cause significant physical and emotional pain and suffering. This can include pain associated with the injury, as well as pain associated with treatment and rehabilitation.
Calculating pain and suffering can be difficult; there is no formula for determining an appropriate award. One way to calculate it is by adding a certain amount of money for each day or week of pain and suffering.
A spinal injury lawyer will help you document all the pain and suffering. A judge may award these damages to compensate for this suffering.
Loss of Consortium
If the injury affects your ability to have a normal relationship with your partner, they can seek damages for loss of consortium. However, there are certain requirements for who can bring this type of claim. This is such as being legally married or living together for a specific period.
A lawyer can help you understand the specific damages available for loss of consortium in your state and how to seek them.
Punitive Damages
In a spinal cord injury case, punitive damages are awarded where the defendant’s conduct was negligent or intentional. For example, if the defendant knew their actions could cause harm but did nothing to prevent it, a judge may award punitive damages.
It is important to consult an attorney with experience in spinal cord injury cases. They can help you understand the laws about punitive damages and whether they may apply to your lawsuit.
Parting Shot
The legal process of seeking damages can be complex and varies by state. It is essential to consult a spinal injury attorney to understand your case’s specific laws and available damages and how to pursue them.
Additionally, it’s important to know the statute of limitations for personal injury claims to take advantage of the window of opportunity to seek damages.
Leave a Reply