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Recovering Compensation for a Spinal Cord Injury

Posted on March 15, 2023

In addition to the physical aspect, a spinal cord injury can also have a devastating financial impact on a victim’s life. However, there are multiple types of compensation that can be recovered if another party is responsible.

Types of Compensation Available after a Spinal Cord Injury

When a spinal cord injury is caused by another party’s negligence, you may be entitled to significant compensation, such as the following:

  • Current and Future Medical Expenses: Hospital bills, rehabilitation costs, prescription medications, extended or live-in care, specialized medical equipment, etc.
  • Home modifications: If necessary for a permanent disability.
  • Lost wages and benefits: While you are recovering.
  • Diminished earning capacity: If you cannot earn the same level of income as before the accident.
  • Pain and Suffering: For the physical pain you have had and will continue to endure.
  • Loss of Enjoyment of Life: If you are unable to participate in activities you used to enjoy doing before the accident.
  • Punitive Damages: In cases involving a defendant (at-fault party) who acted egregiously or exhibited gross forms of negligence, the court may award punitive damages as punishment and to deter others from similar behavior.
  • Wrongful Death: If a loved one is killed due to the spinal cord injury they suffered, surviving family members can file a wrongful death claim to recover compensation for funeral and burial expenses, lost income, loss of services, companionship, and more.

Texas follows a modified comparative fault system, which can impact how much compensation you can recover. Under this law, each party involved in a spinal cord injury accident is assigned a percentage of fault. Your compensation will then be reduced in proportion to your degree of fault. For example, if you are awarded $100,000, but found 40 percent responsible, you will only receive 60 percent of your compensation, or $60,000. However, if you are found more than 50 percent to blame, you cannot recover any compensation.

How Much is a Spinal Cord Injury Claim Worth?

After suffering a spinal cord injury in a preventable accident, you may be facing financial uncertainty and want to know how much your claim is worth. However, each case has a unique set of circumstances that impact its worth, such as:​

  • The severity of your spinal cord injury.
  • Your age and health prior to the accident.
  • How your pain and suffering impact all aspects of your life.
  • How much income you have lost from being unable to work and how much you expect to lose in the future.
  • Whether your ability to earn an income is permanently impacted.
  • The anticipated length of your recovery.
  • Whether you will need ongoing medical care and adaptive equipment.
  • Whether aggravating factors were present (e.g., the defendant (at-fault party) was a drunk driver).
  • The at-fault party’s insurance policy limits, as insurance companies typically will not pay beyond those figures.

Since the exact value of a spinal cord injury claim can vary widely, it is critical to consult with an experienced Waco spinal cord injury lawyer who can evaluate your case and help you seek the compensation you deserve.