No one wants to be injured in an accident, and a spinal cord injury is one of the worst injuries imaginable. Every year, thousands of people suffer spinal cord injuries because of auto accidents, falls, violence, sports and recreation, work accidents, and other causes. This catastrophic injury may overwhelmingly impact your personal, financial, and work future.
Sometimes, the spinal cord injury happens because of another person's or entity's negligence. When that happens, you should retain a spinal cord injury attorney to demand compensation for your current and future medical bills, lost earnings, lost earning capacity, pain and suffering, etc.
Spinal Cord Injury Statistics
Spinal cord injuries are among the most severe accident injuries and the most consequential. The effects of a spinal cord injury may be permanent, causing you many personal, emotional, and financial challenges. Recent statistics on spinal cord injuries include:
Annual Spinal Cord Injuries
Approximately 18,000 new traumatic spinal cord injuries (SCI) occur each year in the U.S. This estimate is derived from an incidence rate of about 54 cases per 1 million people, applied to a population of roughly 330 million. This figure excludes individuals who die at the scene of the injury.
An estimated 302,000 to 305,000 people are currently living with a traumatic SCI in the U.S. Estimates vary, with ranges reported between 255,000 and 383,000.
Causes
Car accidents are the most common cause, responsible for approximately 38 percent of all spinal cord injuries. Gunshot wounds cause about 13 percent, and sports and recreation activities account for 9 percent.
Costs
The first year post-injury is the most expensive, with medical costs ranging from $300,000 to over $1 million, depending on injury severity. Lifetime costs vary widely based on age, injury level, and employment status, often exceeding direct medical expenses due to lost earnings. You will need a spinal cord injury attorney to maximize your compensation if another person's negligence caused the injury.
Potential Compensation In A Spinal Cord Injury Claim
Receiving compensation for a spinal cord injury means that another person or entity's negligence led to your injuries and damages. If your personal injury attorney proves liability, compensation can include:
Medical Expenses
- Covers past, current, and future medical costs related to the injury. This includes emergency treatment, hospital stays, surgeries, medications, rehabilitation, physical therapy, and assistive devices like wheelchairs or home modifications.
- Lifetime medical costs for a severe SCI can range from hundreds of thousands to millions of dollars, so your personal injury lawyer’s work is essential to a favorable outcome.
Lost Income and Earning Capacity
- Compensation for income lost due to time off work during recovery. If the injury results in permanent disability, it may also cover loss of future earning potential.
- The amount depends on the victim's occupation, income level before the injury, and whether they can return to work in any capacity.
Pain and Suffering
- Non-economic damages for physical pain, emotional distress, and reduced quality of life. This is subjective and varies widely based on the injury's impact, such as chronic pain, depression, or loss of independence.
- Severe cases like tetraplegia often result in higher awards due to the profound life changes involved.
Loss of Consortium:
Compensation for the impact on relationships with a spouse or family members, such as loss of companionship or support. This is typically awarded to the injured person's loved ones.
How Do You Prove Fault In A Spinal Cord Injury Case?
Proving fault in a spinal cord injury case involves establishing that another party's negligence or wrongful actions directly caused the injury. Usually, the process requires tort law principles, which means proving negligence as follows:
Establish Duty of Care
You must show that the defendant owed you a duty of care. This duty varies by situation. For example, drivers owe a duty to operate vehicles safely and follow traffic laws. Property owners owe a duty to maintain safe premises for visitors. Employers have a duty to provide a safe working environment.
Prove Breach of Duty
You must demonstrate that the defendant failed to uphold their duty of care. This means showing they acted unreasonably or carelessly under the circumstances. Evidence might include witness statements, video footage, and expert testimony about how the accident occurred.
Link the Breach to the Injury
You need to prove that the defendant's breach directly caused your spinal cord injury. This is often the trickiest part, as the defense might argue the injury resulted from something else. Medical evidence is key, including doctor's reports and imaging and expert testimony that links the accident to your injury.
Demonstrate Damages
You also must show that the injury resulted in tangible harm. For spinal cord injuries, this is usually straightforward, given their severity, but you'll need to document medical bills, lost income, lost earning capacity, pain and suffering, and mental anguish.
Proving fault and damages is an enormous task that is best left to your spinal cord injury lawyer. Some of the evidence your attorney and their legal team may collect and use to build your claim are:
- Physical evidence: Debris from an accident, damaged equipment, or unsafe property conditions.
- Documentation: Police reports, incident logs, or maintenance records, such as one showing a property owner ignored a hazard.
- Digital evidence: X posts, photos, or videos from the scene.
- Witnesses: Bystanders, coworkers, or family members who can corroborate your account.
- Experts: Medical professionals, engineers, or safety specialists to explain technical aspects.
How Does A Spinal Cord Injury Affect Your Future?
The financial and work impact of a spinal cord injury hinges on a few key variables: the extent of your disability, your current job, your skills, and the resources available to you. Many spinal cord injuries cost millions of dollars to treat over a lifetime. The Christopher & Dana Reeve Foundation states that the first-year costs of a paraplegia injury are $518,000, and yearly expenses are $68,000.
Work Future
If your injury limits mobility or function, your ability to do your current job might shift. Manual labor or physically demanding roles such as nursing or construction can be impossible. However, office work, such as IT, writing, or consulting, is still possible, especially with tech like voice software or adaptive keyboards.
Data backs this: About 35 percent of people with SCI return to some form of work within 10 years, per the National Spinal Cord Injury Statistical Center. Still, it's higher for those with incomplete injuries or college degrees. Retraining might be an option. There are vocational rehab programs to pivot you toward accessible careers.
A spinal cord injury attorney will accurately calculate compensation for lost income and earning capacity. You can also receive compensation for job retraining if you need to transition to a job that doesn't require mobility.
Financial Future
Costs pile up fast with an SCI. Immediate medical bills, surgery, hospital stays, and meds can hit tens or hundreds of thousands, depending on insurance. NSCISC estimates lifetime costs for a 25-year-old with tetraplegia can top $5 million; paraplegias closer to $2.5 million. That's worst-case, assuming high needs and no coverage.
Income-wise, if you can't work or shift to part-time, there will be financial impacts. You can get Social Security Disability Insurance (SSDI), but it's hard to qualify, and payouts vary by country. Your personal injury lawyer may file a lawsuit against the liable party or entity to ensure you receive enough money for medical bills and lost earnings.
Personal Future
Unfortunately, a spinal cord injury will have a dramatic impact on your ability to work, live, enjoy life, interact with family, and more. Ongoing medical treatment and physical therapy may help your recovery and reduce these impacts. However, there is usually a significant mental and emotional toll related to a spinal cord injury because of one's limitations and inability to care for oneself and do things one used to enjoy.
This is where your spinal cord injury attorney's work is so important. They will work with your doctors and mental health team to understand how the injury affects your mental and emotional state. These effects will be extensively documented and presented to the insurance company or jury. You should receive just compensation for your mental and emotional suffering from the injury.
What Is A Spinal Cord Injury Claim Worth?
How much your spinal cord injury claim is worth varies widely. These factors will influence the size of your settlement:
- Severity of the injury: Spinal cord injuries range from partial (some function remains) to complete (total loss of function below the injury site). For example, a complete injury like paraplegia or quadriplegia often leads to higher compensation due to lifelong care needs. A recent National Spinal Cord Injury Statistical Center study estimated lifetime costs for a 25-year-old with tetraplegia at $5 million+, excluding lost income.
- Medical expenses: This includes emergency care, surgeries, rehab, and ongoing needs like wheelchairs or home modifications. Past and future costs are calculated. For instance, spinal fusion surgery alone can cost $80,000-$150,000, per data from healthcare cost analyses.
- Lost income and earning capacity: If the injury limits or ends your ability to work, you'll claim lost income. A 40-year-old earning $60,000 annually can see a future income loss claim of $1.2 million+ over 20 years, adjusted for inflation and career growth.
- Pain and suffering: This is harder to quantify but often a big chunk of the payout. Courts or insurers might use a multiplier or a per diem rate tied to life expectancy. A severe case might add hundreds of thousands here.
- Liability and insurance: Who's at fault matters. If it's a car accident with clear liability and a $1 million policy, that's a cap unless you tap personal assets. In contrast, a workplace injury might be covered by workers' compensation insurance or a larger corporate settlement.
A spinal cord injury has catastrophic impacts on one's life, and treating one is expensive. Always retain a skilled personal injury attorney when someone else caused your injury. They will fight for your legal rights and the most compensation to ensure your and your family's financial security.
How Long To Settle A Spinal Cord Injury Claim?
The time it takes to settle a personal injury claim can vary widely depending on several factors, such as the complexity of the case, the severity of the injury, the strength of the evidence, and whether the case goes to trial or settles out of court:
Severity and Clarity of Injury
Spinal cord injuries often require extensive medical evaluation to determine the full extent of damage. Settlement talks usually wait until your "maximum medical improvement" (MMI) is reached, when doctors can predict your long-term prognosis. This can take 6 months to 2+ years, depending on treatment and recovery.
Liability Disputes
If fault is clear, settlement can happen faster. If it's contested, it can drag on from months to years.
Insurance Company Involvement
Insurance companies often delay payouts by questioning medical costs, negotiating lower amounts, or denying liability. The bigger the claim, the harder the insurance company fights. Spinal cord injuries usually mean an insurance company fight. This can add several weeks or months to the timeline.
Negotiation vs. Trial
Most claims settle out of court through negotiation. Trials are rare but take much longer. Settlement negotiations may take six months to two years, while a trial can last two or three years.
Gathering Evidence
Collecting medical records, expert opinions, and witness statements takes time, especially if documents are incomplete or parties are uncooperative. This process may take three to 12 months.
Size of the Claim
Spinal cord injuries often involve high stakes, such as millions in medical costs, lost income, and lifelong care. Larger claims take longer because defendants and insurers scrutinize every detail. A high-value claim can take two or three years to settle.
Speak To A Spinal Cord Injury Attorney Now
A spinal cord injury can leave you with profound losses and impacts that last a lifetime. You will probably need millions of dollars to receive the medical attention and ongoing financial support to live the best life possible. Speak to a personal injury lawyer if another person injured you. They'll ensure your legal rights are respected, and you are fairly compensated.