Spinal Injury Information Center
Compensation for Spinal Cord Injuries
If you have suffered a spinal cord injury (SCI) due to another person's negligent acts, you may be eligible for compensation for your injuries. The amount of compensation will depend on the individual circumstances of your case and your state's laws. Contact an attorney in your area today to find out if you are entitled to damages for your spinal cord injury. An attorney experienced in spinal cord injury cases can determine if a lawsuit is in your best interests.
Proving the Right to Compensation
To recover compensation for your injury, you may be required to show:
- That the SCI occurred due to reckless or negligent disregard for your safety by another
- That you were injured
- That your injury was caused by the accident and is not due to a pre-existing condition or unrelated occurrence
- That you suffered compensable damages
In some states, under the doctrine of comparative negligence, your compensation can be decreased proportionately if it is found that you contributed to your injuries. For example, if the court finds you are 20 percent at fault, then your recovery will be decreased by that percentage. A minority of states follow the restrictive contributory negligence rule. In these states, if the court finds you contributed in any way to the injuries you suffered even as little as 1 percent you will be barred recovery altogether.
The damages you may be entitled to collect will vary by your state's laws and may not include all of those listed here. You will want to consult with a local attorney about the compensation available in your jurisdiction for spinal cord injuries.
Costs incurred by you for health care, including ambulance bills, hospital bills, and charges for surgical, medical or chiropractic care
Future medical expenses
The cost of future medical care for injuries or disabilities, including costs for rehabilitation, bioengineering equipment (wheelchairs, electrical equipment to assist breathing and eating) transportation, attendant care
Payment for wages lost as a result of your injury
Lost future earning capacity
The sum of money that will compensate you for the earnings you would have made in the future if you had not sustained the injury
Pain and suffering
The pain, suffering, disfigurement, disability and loss of life's pleasures you have experienced from your spinal cord injury
Repair or replacement of any property that was damaged in the accident
If you have suffered a spinal cord injury, you have the right to seek compensation. Consult a personal injury attorney as soon as possible after your injury. The law imposes a statute of limitations that varies from state to state. You have a limited period in which to pursue a legal claim. If you or a loved one have suffered health problems due to a spinal cord injury, contact a personal injury lawyer with experience handling spinal cord injury cases to discuss your options.
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