Spinal cord injuries typically have catastrophic effects on victims, and these are often some of the most complex types of personal injury claims. Victims are often left dealing with permanent disability and facing a lifetime of medical care.
Navigating the legal waters of a spinal cord injury case can be challenging, and you will likely need the help of an experienced personal injury lawyer to help put a proper value on your case. Keep reading below to learn what to expect from Dallas spinal cord injury cases.
Proving a Spinal Cord Injury Case
Most personal injury claims are based on the concept of negligence, and spinal cord injury cases are usually no different.
To prove a negligence case, you will generally need to show that:
- The defendant owed you a duty of care to act in a reasonably safe manner.
- The defendant breached the duty of care and failed to uphold the accepted standard of conduct.
- Your injuries were a direct and foreseeable consequence of the defendant’s actions.
- You suffered some damages, such as medical bills, lost wages, or pain and suffering.
There are many types of evidence that may be used to prove your claim. The types of evidence you may need will likely depend on the cause of your injury. For instance, the evidence gathered after a car accident would be very different from that resulting from a slip-and-fall accident.
Not only will you need evidence about the accident that caused you injury, but you will also need evidence to prove your damages. This requires showing medical evidence to prove the extent of your injury. It may also require the use of experts who can provide testimony about your ability to work, the potential value of your lifetime earnings, or other crucial information.
Pursuing spinal cord injury cases often requires substantial upfront costs, and this is why having an experienced lawyer on your side can be critical.
What Types of Damages Are Victims of Spinal Cord Injuries Entitled to Recover?
If your injury was caused by someone else’s negligence, you may be entitled to recover a wide array of damages. Spinal cord injuries are rarely simple. These victims often face a lifetime of physical therapy, rehabilitation, or other medical care needs.
Economic damages compensate victims for their financial losses, such as:
- Medical bills
- Future medical care expenses
- Lost wages
- Diminished earning capacity
- Physical therapy
- Rehabilitation
- Medical equipment or devices
Beyond financial losses, most victims who experience a spinal cord injury have their lives changed forever. You may no longer be able to participate in certain activities that you once enjoyed, and your relationships with friends and family may never be the same.
Non-economic damages compensate victims for the physical and emotional toll of the injury, including things like:
- Pain and suffering
- Emotional distress and mental anguish
- Loss of consortium
- Depression
- Anxiety
- Diminished quality of life
- Loss of enjoyment of life
The specific damages in your case will depend on your specific injuries and how they have affected your life.
Do Most Spinal Cord Injury Cases Settle Out of Court?
Yes, many spinal cord injury cases settle before going to trial. However, these are very complex cases that can take months or even years to resolve. After a spinal cord injury, it can take many months to even fully understand the extent and lasting effects of the injury.
Additionally, insurance companies don’t like paying big settlements. Cases of this magnitude may require months of negotiation before reaching a settlement. Some insurance companies might offer a quick settlement, but the amount will usually be much less than the case’s true value. Rushing into a settlement too quickly could prevent you from recovering compensation for injury complications that arise later.
How Much Is My Spinal Cord Injury Case Worth?
The value of a spinal cord injury case depends on the specific facts and circumstances. No two cases are the same, so each case must be evaluated based on its unique facts. Due to the severity of spinal cord injuries, it is not uncommon for these cases to be worth six or even seven figures.
The amount of insurance coverage available often plays a large role in the final value of these cases.
Since settlements in these cases are often quite large, many spinal cord injury cases utilize structured settlements. Instead of a lump sum, the victim may receive periodic payments to ensure funds are available for medical care and other needs throughout their lifetime.
Contact a Dallas Spinal Cord Injury Lawyer at Benton Accident & Injury Lawyers for a Free Consultation
If you have suffered a spinal cord injury in Dallas, TX, contact the experienced team at Benton Accident & Injury Lawyers today. We have a deep understanding of Texas personal injury law, and we know what it takes to win these complex claims.
Our Dallas spinal cord injury lawyers have recovered millions of dollars in compensation for our clients, so contact us today at (214) 556-8321 to schedule a free consultation and let us put our experience to work for you.
