If you were in an accident that caused a neck or back injury, you may face many important issues. You may be missing work and watching the pile of medical bills and household expenses pile up.
Under these circumstances, you may wonder how much your spinal cord injury is worth in a lawsuit or insurance settlement.
Unfortunately, there is no way to accurately calculate an average settlement for a typical back and neck injury or a spinal cord injury caused by a car accident or other traumatic event. There’s no way to place a true value on spinal injury settlement amounts without looking at many different factors.
Your injury situation is unique, and your experience will differ from any other person with a neck or back injury. You may recover in a matter of weeks, or you could face issues that will affect the rest of your life.
Fortunately, a spinal cord injury lawyer can determine what your spinal cord injury is worth and recover compensation from the person or parties responsible for your injuries. Contact a dedicated spinal cord injury lawyer who will protect your legal rights and fight for the damages you deserve.
What Factors Play a Role in Determining How Much Your Spinal Cord Injury Is Worth?
Since every injured person’s accident, insurance claim, recovery, and financial situation are different, we need to look at various factors to determine a potential settlement value for your spinal cord injury.
In general, the following issues can affect the value of an injury claim and help guide you during settlement negotiations.
How did the injury happen?
Did you receive your spine injury as a result of a car accident, slip and fall, motorcycle crash, or other traumatic event?
Some accidents are easier to investigate than others, and you must be able to prove who was at fault.
Who was responsible for your accident?
If another person or company caused your injuries through negligent or reckless behavior or by failing to act when legally required to do so, you can hold them liable for your losses. Also, your potential financial recovery will be affected if you were partially responsible for the incident that caused your injuries.
If you bear some responsibility for your injuries, your potential recovery could be reduced or prohibited. For example, if you are found to be 10 percent at fault, any financial recovery would decrease by 10 percent.
However, in some states, you cannot bring an injury claim if you are 50 percent or more liable. Speak to a knowledgeable personal injury lawyer who understands the law in the jurisdiction where you were injured to learn more.
How severe are your spinal cord injuries?
Did you suffer a complete spinal cord injury or incomplete spinal damage? These injuries often require extensive evaluation, imaging, and testing to determine the extent of damage and how to treat the injury.
You may recover in a few weeks or require long-term, in-home therapy and care.
The value of potential settlements or trial verdicts will vary tremendously if you suffer a bulging disc that heals quickly or you’re facing a lifetime of paralysis. Physical therapy, occupational therapy, home modifications, and ongoing care costs can increase quickly.
What insurance coverage is available?
In some catastrophic injury cases, including some spinal cord injuries, the damages are so great there is not enough insurance or personal money to compensate the injured person adequately.
As an injured claimant, you may be able to file a claim against your own insurance company or against the policy of a negligent party who caused your injury. Again, work with a dedicated injury attorney so you don’t miss out on possible compensation.
What Financial Losses May Be Recovered in a Spinal Injury Claim?
The law generally allows injured people to request certain categories of legal damages from the people or parties responsible for their losses.
Economic damages
These losses include verifiable and documented expenses or losses you can prove with receipts, bills, or other records.
Common economic damages include:
- Medical expenses – Current and future expenses related to your injury include doctor bills, surgery costs, medication, therapy, assistive aids (a cane or wheelchair), and anticipated medical costs. The patient’s age and how long treatments will continue can play a role as well.
- Lost income – Including current lost earnings, commissions, bonuses, benefits, other sources of income, and future anticipated lost income based on your inability to work or return to your job before your injury.
- Personal property losses– You can include these costs if an accident damages your vehicle, phone, or other personal items.
Non-economic damages
After a spinal cord injury, you will likely experience other compensable losses that are more difficult to value. Although you can’t provide a receipt for these losses, the law allows you to recover reasonable compensation for various issues you will face after an injury caused by someone else’s negligence.
An experienced personal injury lawyer can help place a value on and recover non-economic damages such as:
- Pain and suffering – Both physical and emotional pain can lead to extensive suffering that keeps you from doing the things you want and enjoying life to the fullest.
- Loss of enjoyment of life – Even if pain is not an issue, you may never again participate in your favorite activities as you could before your injury. For example, if you can’t pick up your grandchild, play ball with them, garden, or hike like you used to, your life will never be the same.
- Emotional or mental distress – You may hesitate to drive a car or ride a motorcycle after a serious accident or experience flashbacks about your accident that cause anguish or a change in your personality. The anxiety alone may weigh on you every day.
- Loss of family relationships – When your spouse or partner must take care of the things you formerly handled, or if you cannot be affectionate or intimate, those losses have value. Also, your relationships may suffer if you cannot attend or participate in family events.
- Disability or disfigurement – A spinal injury can cause total or partial disability that will affect your everyday life. A qualified spinal cord injury lawyer can evaluate these disabilities to compensate for anticipated losses.
How a Lawyer Can Help Determine How Much Your Spinal Cord Injury is Worth in a Lawsuit or Insurance Settlement
After a spinal cord injury, spend your energy on your physical and emotional recovery. You shouldn’t worry about how you will pay your bills or wonder how much your spinal cord injury lawsuit may be worth. Instead, turn to a dedicated personal injury attorney to handle those issues.
When you partner with a skilled personal injury law firm, you can rest assured they will do what it takes to build a solid case on your behalf.
Some of the tasks your legal team can perform include:
- Investigating your accident to determine what happened and who is at fault
- Gathering evidence to support your injury claim
- Learning how your life has changed as a result of your spinal cord injury
- Calculating a reasonable settlement value
- Preparing an injury claim demand and sending a demand package to the insurer
- Negotiating with the insurance company and/or opposing counsel to attempt a settlement
- Filing a civil lawsuit if settlement is not possible
- Bringing your case to trial and requesting the maximum possible compensation on your behalf
- Resolving your claim, negotiating financial liens, preparing and executing documents, releasing funds to you, and paying outstanding injury-related bills.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
To Learn How Much Your Spinal Cord Injury is Worth, Call Berry Law
Your spinal cord injury is unlike any other, and you deserve personalized legal representation to recover the compensation you deserve.
The personal injury lawyers at Berry Law has been fighting for injured clients since 1965 to help them receive the results they deserve. Call us at (402) 226-5908 or complete our online contact form for a free consultation today. We’re ready to go to battle for you.