Spinal cord injuries are particularly complex because the damage can affect different body functions, cause additional medical conditions, and result in partial or complete loss of movement and sensation. These complications make personal injury lawsuits difficult to evaluate because the extent of the injury, its impact on daily life, and the cost of future medical care can vary significantly from one victim to another.
When someone suffers a spinal cord injury because of another person’s negligence, proving the full extent of the injury and seeking fair compensation can be challenging. Attorneys for severe injuries can help victims gather medical records, show how the injury affects their daily lives, and calculate the compensation needed for their recovery and future care.
In this article, we will see the key factors that make spinal cord injuries complex and how those factors affect personal injury lawsuits.
Why Spinal Cord Injuries Are Considered Complex
Spinal cord injuries are different from other injuries because their severity, medical complications, and long-term consequences can vary from one person to another. Three important factors that make these injuries particularly challenging to evaluate in personal injury lawsuits are:
| Classified as a Catastrophic Injury | They are classified as catastrophic injuries because there is a chance that victims may never fully recover from the injury. |
| Multiple Medical Complications | Spinal cord damage can affect different parts of the body and lead to additional medical complications, such as anterior cord syndrome, central cord syndrome, and Brown-Sequard syndrome. Each condition can affect the body differently and may require a separate treatment approach. |
| Different Degrees of Injury Severity | Complete injury– Results in a total loss of movement below the injured part of the spinal cord. Incomplete injury– Results in partial movement or sensation below the injured area, although the person may experience weakness or sensory issues. This means the severity of the injury and its impact on daily life can vary significantly from one victim to another. |
How These Factors Impact Personal Injury Lawsuits
Catastrophic Injury ⇋ Complex Legal Process
Because spinal cord injuries are catastrophic, the compensation required is often much higher than in a typical personal injury claim. It must cover expenses such as surgeries, rehabilitation, home modifications, mobility equipment, and 24/7 care. As the injury may have lifelong effects, the claim must consider future expenses over several decades, not just current medical bills.
Medical experts and life-care planners help estimate these costs accurately. Insurers may also challenge these estimates, which can delay the settlement and make the legal process more complicated.
Secondary Medical Conditions Make It Harder to Prove the Full Extent of Injuries
Secondary conditions such as paralysis or Brown-Séquard syndrome can cause additional health problems that must be carefully documented. A victim may experience chronic pain, pressure sores, bladder problems, or breathing difficulties that develop over time. Each of these conditions can increase medical expenses and affect the victim’s ability to work. Attorneys must prove that these complications resulted from the spinal cord injury. Without proper medical records and expert evidence, the opposing party may argue that these conditions are unrelated to the accident or existed before it, which can affect the compensation amount.
Different Degrees of Injury Severity = Different Compensation Calculations
The classification of the injury directly influences how damages are calculated.
A complete spinal cord injury can be easier to evaluate because it involves a total loss of movement and sensation below the injured area, often requiring lifelong medical care and preventing the victim from returning to work. An incomplete injury can be harder to evaluate because the victim may still have some movement or sensation. The opposing party may use this to argue that the victim can continue working or manage daily activities without help.
Attorneys must explain how the remaining physical limitations affect the victim’s ability to work, perform everyday tasks, and live independently. Medical experts help provide evidence of these limitations and explain how they affect the victim’s daily life.
Key Takeaways
- Spinal cord injuries make personal injury lawsuits complex because they can cause permanent disabilities and lifelong medical needs.
- The key factors that make spinal cord injuries complex include permanent damage, secondary medical conditions, and different degrees of injury.
- Catastrophic injuries make it difficult to calculate future medical expenses and long-term care costs.
- Secondary medical conditions require additional medical evidence to prove their connection to the accident.
- Complete and incomplete injuries affect how compensation is calculated based on the victim’s physical abilities and daily needs.
