Damages in Spinal Cord Injury Cases

Spinal cord injuries can have life-changing consequences for an accident victim. These types of injuries occur when any portion of the spinal cord or the nerves located at the end of the spinal canal is damaged. Many people who suffer from spinal cord injuries experience permanent changes to their sensation, strength, and other body functions below the location of the injuries. If you were injured by someone else and you are concerned about what your damages might be in a spinal cord injury case, you should discuss what happened with our experienced Syracuse personal injury attorneys. At DeFrancisco & Falgiatano Personal Injury Attorneys we have three decades of experience trying to obtain the best damages award possible for our catastrophically injured clients.

Spinal cord injuries may be sustained in many different types of accidents including those inflicted in car accidents, truck accidents, accidents involving dangerous property conditions, and medical malpractice. When these injuries are the fault of another, it may be appropriate to pursue damages.

The severity of your spinal cord injuries will affect the value of your case. The lowest portion of your spinal cord without damage after an accident is considered the neurological level of your injury. When you lose all sensation and motor function below the place where your spinal cord was damaged, your injury is considered complete. However, in some cases, accident victims do have some sensation and motor function below the area that was damaged, and those injuries are considered incomplete.

Your spinal cord injuries may involve loss of movement and mobility, changed sensations, loss of bowel or bladder control, changes in sexual function, fertility, pain, and difficulty breathing. Your quality of life and ability to work may change. You may need special medical care and caregiving.

In most cases, if we can establish liability, the damages will be compensatory. That is, they’ll be intended to make up for economic and noneconomic losses our lawyers can prove it’s more likely than not you sustained. When a defendant has behaved egregiously, it may be appropriate to pursue punitive damages.

Economic damages are concrete losses that are typically supported by documentation. They can include past and future medical bills, past and future wage loss, medical equipment, out-of-pocket expenses, and replacement services. To substantiate your medical losses, for example, we would need to present evidence in the form of medical bills. For future losses, our lawyers may need expert testimony on whether you are likely to need certain medical procedures in the future to address the spinal injury. If you need a wheelchair, this is also an item of loss we may be able to recover through a personal injury lawsuit.

Noneconomic damages can consist of any intangible item of loss arising from your spinal cord injuries. They may include pain and suffering, mental anguish, loss of enjoyment of life, loss of consortium, and loss of earning capacity. Your own testimony and the testimony of your loved ones may be the most valuable evidence of these losses. If we take your case, we will make sure to inquire about all the ways in which your injuries have impacted your life. For example, you may have enjoyed recreational sports and playing with your child prior to suffering a spinal cord injury in a motorcycle accident; after it, your injuries may prevent you from engaging in those activities. For another example, your spouse may have a loss of consortium claim if you are no longer able to have sex or have children because of the spinal cord injury.

When you seek the best outcome for spinal cord injury lawsuit, you should retain a trial lawyer with years of experience presenting catastrophic injury cases to juries. The seasoned Syracuse personal injury attorneys of DeFrancisco & Falgiatano Personal Injury Attorneys serve people injured in Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, Elmira, Auburn, Buffalo and across Upstate New York. For a free consultation, complete our online form or call us at 833-200-2000.