Spinal cord injuries can vary greatly in severity, effect, and treatment plans. The extent of the damage will affect the costs, which, in turn, define the monetary value of a car accident claim. Severe spinal cord injuries can result in lifelong medical treatment and support. The higher the degree of impairment, the more car accident injury compensation you can request from the at-fault party.
A car accident lawyer can clarify how the severity of spinal cord injuries affects car accident lawsuits. They can help you accurately document your recoverable damages and the value of your injury claim. A lawyer can also work to secure maximum financial recovery during settlement negotiations. Most personal injury law firms will offer a free initial consultation and represent you on a contingency fee basis.
Key Factors Affecting Compensation for Car Accident Spinal Injury Claims
Assessing the value of car accident injuries and claims often starts with easy-to-document expenses like medical bills. In a spinal cord injury claim, your treatment protocol and medical expenses will vary based on the extent of your injuries.
Medical expenses can include:
- Assistive medical devices
- Coping and support mechanisms
- Electrical stimulation devices
- In-home medical support
- Prescribed medications
- Long-term rehabilitation
- Various therapies
- Surgical procedures
- Traction or immobilization
Assistive medical devices for a spinal injury can range from canes to crutches to wheelchairs to specialized furnishings. If you are represented by a lawyer, they can help you document all these costs.
Additional Damages You Can Recover for a Spinal Cord Injury in a Car Accident
A spinal cord injury can have costs beyond medical care. Additional economic damages you can request after a motor vehicle accident include:
- Treatment-related travel expenses
- Past, current, and future lost wages
- Loss of the ability to earn in the future
- Property damage or total destruction
- Diminished property resale value
Recoverable non-economic damages include:
- Long-term disabilities and disfiguring injuries
- Physical pain, suffering, and inconvenience
- Mental and emotional trauma due to your injury
If a spinal injury results in a fatality, family members could have the basis of a wrongful death claim. This type of claim will allow them to recover the costs of making a loved one’s final arrangements and compensation for the loss of financial and familial support.
Types of Spinal Cord Injuries Reported by Car Accident Victims
According to Mayo Clinic research, car accidents are a leading cause of spinal cord injuries, accounting for nearly half of new spinal injuries every year. Types of spinal cord injuries include:
- Complete injury—An injury that results in the loss of all feeling and movement at or below the injury site
- Incomplete injury—An injury that results in retention of some feeling or movement at or below the injury site
The severity of your injury will determine the type of paralysis you might experience, if any, and your prognosis for future care.
The Importance of a Written Prognosis for Spinal Cord Injury Victims
A detailed, written prognosis will allow your legal team to request financial compensation for future care. Your lawyer will work with your healthcare team and medical experts to assess the following spinal cord injury complications:
- Loss of bladder and bowel control, requiring specialized care and devices (catheters, personal assistance, etc.)
- Development of pressure injuries, requiring frequent assistance moving and turning the injury victim and costly medical care for bed sore recovery
- Loss of circulatory control, resulting in chronic low blood pressure and ongoing assistance to maintain proper circulation
- Depression, resulting in ongoing mental health care and support and resulting expenses
This list is not exhaustive. Your lawyer will create a detailed list based on your specific spine injuries, treatment protocol, and diagnosis.
Once a car accident settlement is finalized, it is legally binding, and you cannot request additional damages. That means you must account for all the care your severe injury will require in your initial compensation request, including care after your case is settled.
The Benefits of Hiring a Lawyer for Your Car Accident Spinal Cord Injury Case
There are advantages to hiring a car accident attorney versus taking on the at-fault driver and their insurance company on your own. While you focus on your recovery, your lawyer can:
- Deal with the insurance company so you do not have to
- Manage verbal, written, and electronic communication
- Build a strong collection of physical evidence and documents
- Speak to witnesses while their memories are vivid
- Identify and consult with relevant medical and financial experts
- Keep you updated as your case develops and progresses
A lawyer can also access some evidence more readily than a layperson, including accident reconstruction, forensic evidence, vehicle inspections, and blood alcohol content (BAC) test results, if applicable.
File Your Car Accident Lawsuit Within Florida’s Statute of Limitations
Personal injury lawsuits are time-sensitive legal actions. Florida Statutes § 95.11 describes the amount of time you have to file your lawsuit after an auto accident. In general, it gives you:
- Two years from the date of the accident to meet the personal injury statute of limitations
- Two years from the date of demise to meet the wrongful death statute of limitations
The filing deadline is a mandatory part of all car accident lawsuits in Florida. It changed in 2024 and includes provisions for tolling (pausing) the deadline for injured minors. The best way to ensure compliance is to let your lawyer handle it for you. They can accurately interpret the statute of limitations and file your lawsuit on time.
Learn More About How Spinal Cord Injuries Affect Car Accident Claims
If you or a loved one suffered a spinal cord injury in a car accident, you need to know how its extent will affect your financial recovery. You do not have to assess your claim or fight for fair and appropriate damages on your own.
Let our legal team help you understand how the severity of spinal cord injuries affects car accident lawsuits. Call us today to reach a consultation team member at the Law Offices of Wolf & Pravato.
