Compensation for a spinal cord injury lawsuit is different in every case. Most spinal cord injury accident claims are settled outside of court before trial.
Regardless of whether your case resolves in negotiations or goes before a jury, your payout relies on a variety of factors. The most critical of these are the severity of your spinal cord injury and your prognosis for recovery.
The following article offers guidance on spinal cord injury lawsuits and compensation. If you would like specific information about your claim and a case review, contact an experienced Denver spinal cord injury attorney.
The Severity of the Injury and Prognosis for Recovery
The severity of a spinal cord injury and the prognosis for recovery directly affects the amount of damages an accident victim receives. These two issues impact every area of the victim’s life and determine their physical, economic, emotional, and mental health in the future.
Victims who are afflicted with lifelong paralysis like paraplegia or quadriplegia will receive a larger payout than those with temporary loss of function as will those forced to live in chronic pain. Full recovery for victims of spinal cord injuries may never include regaining their pre-accident condition, returning to work, resuming self-care, or returning to their social activities.
Cost of Medical Care
The cost of medical care is higher for spinal cord injuries than for some other accident-related injuries. This is because spinal cord injuries need ongoing care.
Victims of spinal cord injuries may need extensive rehabilitative and occupational therapy, surgery, nursing facility care, at-home assistance, mental health counseling, and home and vehicle modifications. All of this is in addition to routine medical visits, specialty doctor appointments, prescription medication, and pain management.
Lost Wages and Loss of Earning Potential
Spinal cord injuries and recovery take away a victim’s ability to work and earn a living for themselves and their family. Severe spinal cord injuries may preclude an accident victim from returning to their previous line of work or any type of employment.
Liability for the Accident
In Colorado, accident victims who share responsibility for their injuries may face a reduction in any damages award equal to their percentage of fault for the accident. For instance, a victim found 30% at fault for their accident, would have any compensation awarded to them reduced by 30%. This would turn a $100,000 damages award into a $70,000 payout.
It is important to note that in Colorado, anyone found 50% or more at fault for an accident is barred from receiving damages from the other party.
Other Limits on Financial Recovery
Spinal cord accident victims must also consider the other party’s insurance policy limits when seeking compensation. Beyond accident policy limits, it may be difficult to recover monetary damages from a personal party without enough assets to cover medical and other accident-related losses.
Calculating Compensation for a Spinal Cord Injury Lawsuit
As you can see, calculating compensation for a spinal cord injury lawsuit can be complicated. The best way to determine the value of your case is to have it thoroughly evaluated by an experienced Denver spinal cord injury attorney.
If you are involved in an accident, preserve your right to a legal claim and medical expenses by seeking medical attention immediately and notifying the proper authorities of the accident.
Contact an Experienced Spinal Cord Injury Attorney in Denver
Learn more about spinal cord injury lawsuit compensation and how it is calculated by contacting an experienced attorney at Kane Dulin McQuinn Young today. Our Denver personal injury attorneys are dedicated to fighting for the injured across Colorado and have done so for more than 20 years.
Kane Dulin McQuinn Young wants you to get the most compensation possible for your injuries and will take your case to court when necessary. Call us in Denver now to schedule your no-obligation consultation.