Recovering Damages for Spinal Cord Injuries
In the United States, about 12,000 people suffer spinal cord injuries annually. As many as 450,000 Americans live with these devastating injuries, which cause severe physical restriction, emotional anguish, loss of earning ability, and high medical costs.
What Are the Causes and Effects of Spinal Cord Injuries?
Many spinal cord injuries are the result of someone's negligent act, and therefore are the basis of civil lawsuits. Spinal cord injuries have many causes, with motor vehicle accidents being the most common (42.1%), followed by falls (26.7%), violence (15.1%), and sports (7.6%). Serious spinal cord injuries often result in paralysis, including paraplegia or quadriplegia.
Many people who have suffered severe spinal cord injuries require care and living assistance for the remainder of their lives.
What Damages Can I Claim?
An attorney who regularly represents victims of accidents resulting in spinal cord injuries will seek economic and non-economic damages.
Economic damages include costs of:
- Medical treatment, including emergency treatment, post-acute care, costs of hospitalizations, surgeries, and post-operative care, projected future surgeries and procedures.
- Physical, occupational, and psychological therapy
- Transportation to medical appointments
- Household assistance
- Assistive devices, such as wheelchairs, braces, special vehicle controls, etc.
- Loss of income including loss of future earning ability.
- Renovating a home to accommodate the needs of a person with a severe disability, for example installing wheel chair ramps
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Intangible or non-economic damages include:
- Physical pain and suffering from injuries
- Mental anguish and emotional distress
- Disfigurement
- Loss of mobility
- Diminished quality of life
In some cases, you may be awarded additional punitive damages, meant to punish the wrongdoer and deter the negligent behavior in the future.
Do I need a lawyer if I've suffered a spinal cord injury?
Spinal cord injuries are complex. To provide the victim with necessary long-term care and ongoing medical treatment and therapy, it is essential to obtain the greatest possible recovery. Because the stakes are so high, retaining the services of an experienced personal injury attorney is of the utmost importance for the future of victim and family.
An experienced attorney will launch an investigation into the circumstances of the accident to obtain evidence to document the facts of the case in terms of fault as well as damages, and will see to it that filings are made in a timely manner, according to California statute. The investigation will include analyzing official police reports, interviewing witnesses, taking photographs of the accident scene, and collecting information about the facts of the accident and the victim's injuries. It may also include hiring safety experts and accident reconstructionists to determine the cause of the accident. Your attorney will collect and review medical reports, bills, and employment records required to document the victim's economic damages and may retain expert medical witnesses to testify as to the extent of the disability.
If you have suffered a spinal cord injury in Vista, Oceanside, San Marcos, Carlsbad or Escondido, life may never be the same for you again. The attorneys of the Kitay law firm understand what you've lost and will fight to hold responsible the person who brought about this catastrophic damage, while getting you a financial settlement sufficient to ensure that you will be able to live with dignity and your family will always be taken care of. For over 20 years we have helped the victims of severe spinal cord injuries go on with their lives. Let us help you.
