Every year, thousands of Americans sustain spinal cord injuries that transform their lives forever. Behind each statistic is a person facing an uncertain future, mounting medical bills, and the reality that their injury may have been preventable.
The financial impact of a spinal cord injury extends far beyond initial hospital stays. Lifetime care costs can reach millions, while lost earning capacity compounds the economic devastation.
When someone else's actions or negligence led to your injury, the law provides a pathway to recover these damages and hold the responsible parties accountable.
Determining what your spinal cord injury case is worth requires examining multiple complex factors. The severity of your injury, the extent of your disabilities, your age and earning potential, and the circumstances surrounding the incident all play critical roles in valuation.
In New York, successful spinal cord injury settlements and verdicts have ranged from hundreds of thousands to tens of millions of dollars, reflecting the profound and lasting impact these injuries have on victims and their families. Contact Our New York spinal cord injury attorney today!
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First Steps to Take at Home After a Spinal Cord Injury
After being discharged from the hospital or a rehabilitation facility, your focus is on healing and adjusting to a new routine. Your actions during this period are foundational for your recovery and any future legal claim.
Your journey from this point forward helps create a record of how the injury has impacted your life.
- Follow all medical directives: Adhering to your treatment plan is paramount for your health. It also demonstrates to insurance companies and courts that you are taking your recovery seriously.
- Keep a daily journal: Document your daily experiences. This record is a powerful tool for illustrating your day-to-day reality.
- Note your pain levels and their location.
- Describe challenges with daily tasks like dressing, eating, or moving around your home.
- Record emotional feelings, such as frustration, anxiety, or sadness.
- Mention any activities you can no longer participate in, from hobbies to family outings.
- Organize all related paperwork: Keep a dedicated file for every document connected to your injury and recovery. A well-organized record prevents financial details from being missed.
- Medical bills and co-pay receipts.
- Prescription medication receipts.
- Invoices for home modifications, like ramps or grab bars.
- Parking and travel receipts for medical appointments.
- Preserve any remaining evidence: While you are home, there may still be evidence relevant to your case.
- Take clear photos of your injuries as they heal over time.
- Do not repair any damaged personal property, such as a vehicle or bicycle, from the accident.
- Save any emails, letters, or voicemails from insurance companies or other parties involved.
- Avoid recorded statements: An insurance adjuster for the at-fault party may call you and ask for a recorded statement about the accident and your injuries. You are not obligated to provide one.
Factors That Determine Your Spinal Cord Injury Claim Value
No two spinal cord injury cases are identical. The final settlement or court award is a result of a detailed evaluation of numerous factors.
These factors are grouped into two main categories: economic damages, which are calculable financial losses, and non-economic damages, which compensate for the personal, non-financial impact.
The level and severity of your spinal injury
The medical diagnosis is the most significant factor influencing a claim's value. Spinal cord injuries are categorized by their location on the spine and their severity. A higher level of injury generally leads to more extensive paralysis and greater medical needs.
- Incomplete Spinal Cord Injury: The spinal cord is not completely severed, meaning the person retains some level of function or sensation below the site of the injury. The potential for recovery varies greatly.
- Complete Spinal Cord Injury: The spinal cord is fully severed or damaged, resulting in a total loss of motor and sensory function below the injury site.
- Paraplegia: This condition affects all or part of the trunk, legs, and pelvic organs. It results from an injury to the thoracic, lumbar, or sacral regions of the spine.
- Tetraplegia (Quadriplegia): This condition affects the hands, arms, trunk, legs, and pelvic organs. It is caused by an injury to the cervical (neck) region of the spine and typically requires the most extensive medical care.
Calculating Your Economic Damages From the Injury
Economic damages are the tangible, verifiable costs associated with your spinal cord injury. A thorough claim must account for not only your current expenses but also all anticipated future costs.
- Past and Future Medical Bills: This is the largest component of most SCI claims. It includes every medical expense you have incurred and will incur for the rest of your life.
- Hospitalizations and surgeries.
- Rehabilitation center stays.
- Ongoing physical, occupational, and psychological therapy.
- Medications for pain, muscle spasms, and other complications.
- Mobility devices like wheelchairs and braces.
- In-home nursing care.
- Lost Wages and Diminished Earning Capacity: Your injury may prevent you from returning to your previous job or working at all. Your claim should reflect this loss.
- Lost Wages: The income you lost from the time of the accident until the settlement or trial.
- Loss of Earning Capacity: The income you will be unable to earn in the future because of your permanent limitations. This calculation considers your age, profession, education, and life expectancy.
- Home and Vehicle Modifications: To live with an SCI, your environment must be adapted for accessibility.
- Installing ramps and widening doorways.
- Remodeling bathrooms with roll-in showers and grab bars.
- Purchasing a specially equipped vehicle.
- Vocational Rehabilitation: If you can return to work in a different capacity, your claim can include the costs of training and education for a new career.
Putting a Price on Non-Economic Damages for an SCI
Non-economic damages are losses that do not have a specific price tag but are just as real and devastating. They compensate you for the human cost of the injury.
Placing a monetary value on these losses is a function of the legal process, and it often represents a substantial portion of the total claim.
- Pain and Suffering: Compensation for the physical pain and discomfort you have endured and will continue to endure.
- Emotional Distress: This includes compensation for the mental anguish, anxiety, depression, and post-traumatic stress caused by the injury and its consequences.
- Loss of Enjoyment of Life: Your life has fundamentally changed. This damage category accounts for your inability to engage in hobbies, activities, and life experiences you once enjoyed.
- Loss of Consortium: If you are married, your spouse may also have a claim for the loss of companionship, support, and intimacy resulting from your injury.
Common Causes of Spinal Cord Injuries
The circumstances of your accident determine who can be held legally responsible. Spinal cord injuries often result from incidents where another party’s carelessness or recklessness caused harm.
Vehicle accidents and spinal injuries
High-impact collisions are a leading cause of traumatic spinal cord injuries. A lawsuit may be filed against the at-fault driver whose negligence led to the crash.
- Truck Accidents: Due to their massive size and weight, collisions with commercial trucks often result in catastrophic harm.
- Car Accidents: Rear-end collisions, T-bone crashes, and head-on impacts can all exert extreme force on the spine.
- Taxi and Rideshare Accidents: Negligence by a for-hire driver can lead to a claim against the driver and their employer or associated company.
- Motorcycle and Bicycle Accidents: Riders have minimal protection, making them exceptionally vulnerable to spinal injuries in a crash.
Unsafe work sites and construction accidents
Construction sites are filled with hazards that can lead to life-altering falls and impacts. Under New York Labor Law, property owners and general contractors have a strict duty to keep their sites safe.
When they fail, they can be held liable for resulting injuries, including those to the spine.
Liability on an unsafe construction site
Workers injured on the job often have a personal injury claim in addition to any workers' compensation benefits. Common causes include:
- Ladder Fall Downs: An unsecured or defective ladder can easily shift, causing a worker to fall.
- Scaffold Collapses: Improperly built or maintained scaffolding can give way, leading to falls from significant heights.
- Falling Objects or Debris: A worker struck by falling tools or materials can suffer a direct and forceful impact to the neck or back.
- Elevation Hazards: Any fall from an elevated surface, such as a roof or structural beam, poses a serious risk of spinal damage.
Falls on dangerous property
Property owners have a legal duty to maintain their premises reasonably safely. They can be held responsible when they fail to fix or warn of a known hazard, and that failure causes an SCI.
- Slippery Floors: Uncleaned spills or freshly mopped floors without warning signs.
- Broken Stairs: A missing handrail or a broken step can cause a severe fall.
- Poor Lighting: Inadequate lighting in a stairwell or hallway can obscure dangers.
- Icy Walkways: Failure to clear snow and ice in a timely manner.
Medical Negligence Leading to Spinal Damage
Sometimes, a spinal cord injury is caused not by a traumatic accident but by a medical professional's error. These are some of the most difficult cases, requiring a thorough review of medical records to prove that a healthcare provider’s actions fell below the accepted standard of care.
- Surgical Errors: A mistake made during back or neck surgery can directly damage the spinal cord.
- Anesthesia Errors: Improper administration of an epidural or other anesthetic can lead to nerve damage.
- Misdiagnosis or Delayed Treatment: Failure to diagnose a condition like a spinal tumor, infection, or fracture can allow the condition to worsen and cause permanent paralysis.
- Birth Injuries: Improper use of forceps or a vacuum extractor during delivery can cause a spinal injury to a newborn.
Frequently Asked Questions About Spinal Cord Injury Claims
How long do I have to file a spinal cord injury lawsuit in New York?
In most personal injury cases, the statute of limitations in New York is three years from the date of the accident. For medical negligence cases, it is generally two and a half years. There are exceptions, so consulting an attorney promptly is advised.
Should I accept the first settlement offer from the insurance company?
It is almost never a good idea to accept an initial offer. Insurance companies are for-profit businesses, and their first offer is typically far less than what your claim is actually worth. It will likely not account for your long-term medical needs, lost earning potential, or non-economic damages.
How can I afford a lawyer if I can't work?
Most personal injury attorneys work on a contingency fee basis. This means you do not pay any upfront fees. The law firm covers all the costs of building and litigating your case. The attorney’s fee is a percentage of the final settlement or verdict they secure for you. If you do not win your case, you owe no attorney fees.
How long will my spinal cord injury case take to resolve?
The timeline for an SCI case varies significantly. A straightforward case might settle in one to two years. A more involved case that requires extensive investigation and proceeds to trial could take several years.
The goal is not speed, but securing a full and fair result that will provide for you for the rest of your life.
Defining Your Future After a Spinal Cord Injury
The New York personal injury attorneys at Queller Fisher have dedicated decades to fighting for individuals in Brooklyn, Queens, the Bronx, Westchester, Nassau, and Suffolk who have suffered catastrophic harm.
If you or a loved one is facing the challenges of an SCI, we are here to provide the guidance and advocacy you deserve.
Contact us for a free consultation
- New York City Office:
The Woolworth Building, 233 Broadway, 18th Floor, New York, NY 10279
Phone: 212-406-1700
- White Plains Office:
2 Westchester Park Drive, Suite 205, White Plains, NY 10604
Phone: 718-892-0400