Damages In Spinal Cord Injury Cases
In order to prevail in any personal injury lawsuit, the plaintiff must prove that he or she suffered actual harm. If the plaintiff can prove that this harm was caused by the wrongful or “tortuous” conduct of the defendant(s), he or she will be entitled to recover damages. The damages that may be recovered will vary depending on the facts of each case and the theory of liability pursued. In general, damages in a personal injury lawsuit will include past, present and future medical expenses, lost wages, and pain and suffering. In some cases, punitive damages may also be available. If the victim dies as the result of his or her injuries, the family members of the deceased can file a wrongful death lawsuit seeking damages from the responsible parties.
Damages in a serious spinal cord injury case will be significant. Again, every spinal cord injury case is different and the damages available to the plaintiff will depend on the facts of each case. What can be said with certainty, however, is that proving damages in a serious spinal cord injury case will require extensive testimony from multiple expert witnesses. This expert testimony will be used to establish the physical, financial, psychological and emotional harm suffered by the plaintiff. The experts will address the plaintiff’s past, present and future damages caused by the injury. This multidisciplinary team of experts may include forensic economists, and medical experts from several subspecialties such as neurologists, psychologists, physiatrists, surgeons, orthopedists and vocational rehabilitation specialists, just to name a few.
In a spinal cord injury case, compensation can be sought for things such as medical and attentive care, rehabilitation, physical, occupational or vocational therapy, loss of earnings and earning capacity, pain and suffering, physical, emotional and psychological injuries, loss of enjoyment of life, loss of consortium, assistive devices and transportation, modifications to the home and many others. A well-coordinated team of experts and medical professionals will be required not only to prove the plaintiff’s damages, but also to help the victim and his or her family develop a holistic and comprehensive life plan for the future.
The costs associated with both of these tasks can be astronomical. As such, selecting the right attorney is one of the most important decisions a spinal cord injury victim will ever make. Only highly experienced trial attorneys with the financial stability to front the enormous costs of properly preparing and presenting the case should be considered.
It is very important to note that lawsuits related to severe injuries, accidents and defective products are subject to various “statutes of limitation.” Statutes of limitation are laws that limit the amount of time you have to file a lawsuit. If the applicable deadline is missed, your right to recovery will be lost forever. In order to protect your legal rights and the value of your claim, contact the Brady Law Group and speak with one of our experienced California trial attorneys as soon as possible after any serious accident.
