A spinal cord injury is among the most frightening and debilitating injuries one can sustain. It can be devastating and life-changing as well as financially burdensome. For this reason, you’ll want to enlist an experienced Indianapolis spinal cord injury lawyer to guide you through your options.
Spinal cord injuries are commonly a result of auto accidents and other forms of personal injuries. If you or somebody close to you has sustained a spinal cord injury due to the careless or negligent actions of another party in Indianapolis, you have grounds to seek compensation per Indiana personal injury laws.
Our spinal cord injury attorneys at Rowe & Hamilton are well-versed in personal injury cases and will aggressively fight to ensure your rights are protected and you recover maximum compensation for damages suffered. Our skilled spinal cord injury lawyers empathize with your situation and will ensure the at-fault is held accountable.
To get in touch with our personal injury lawyers in Indianapolis, please call 317-482-7888 to arrange a free initial consultation and case review.
How Much Are Spinal Cord Injuries Worth?
A spine injury is any injury that damages or affects any segment of an individual’s spine or nerves. The spine is very delicate and any form of trauma can be damaging and result in permanent harm to motor function, strength, and sensation below the point of injury.
Spinal cord injuries (SCIs) can affect nearly all facets of a person’s way of life. Given this, it’s not surprising that Indiana courts usually award considerable amounts as compensation.
Plaintiffs are usually entitled to the following damages in a spinal cord injury case.
Past and Future Medical Expenses
A spinal cord injury could leave a person paralyzed and even cause difficulty breathing. Catastrophic injuries like these need expert medical intervention and long-term care. Some people will need in-home aid for their entire life, which can be expensive.
Victims can recover compensation for medical costs relating to surgical costs, medical bills, medical equipment such as wheelchairs, breathing aid machines, and home/vehicle modifications to accommodate their disability.
Lost Income
Chances are the injury will render you physically incapable of fulfilling normal work duties. Loss of earnings in the past and future will be considered when determining the value of your spinal cord injury claim.
Lost Enjoyment and Quality of Life
Spine injuries can completely change your quality of life.
This is one part of the SCI case that is especially heartbreaking because many victims are left partially or completely paralyzed. These sorts of life-long damages are hard to quantify, but Indianapolis courts use specific calculations to come up with a reasonable figure for their injuries.
Emotional Suffering and Distress
In the wake of suffering a spinal injury, you are bound to experience emotional distress. The thought of losing your motor functioning and changes in your lifestyle is disheartening. Other emotional traumas affiliated with SCI include anxiety, PTSD, and depression.
How Can an Indianapolis Spinal Cord Injury Lawyer Help Your Case?
More often than not, people with spinal cord injuries require extensive treatment and need aid to live independently. Expenses can accrue due to medical care, vocational training, special equipment, home care, and psychological counseling.
While settlement amounts for spinal injuries tend to be high, enlisting the services of our seasoned attorneys at Rowe & Hamilton will increase the likelihood of a favorable case outcome.
Our personal injury lawyers have decades of experience and have won millions on behalf of clients. Our skilled attorneys can calculate the monetary value of damages suffered. Our Indianapolis spinal cord injury lawyers consult with physicians and economists to compute the worth of your spinal cord injury claim.
What Are the Most Common Types of Spinal Cord Injuries?
Although spinal cord injuries can manifest in various ways, severe injuries often result in paralysis and are classified into the following types.
Quadriplegia
Also referred to as tetraplegia, this form of paralysis sees the victim lose motor function in all four limbs. It also impacts the muscles in the chest, meaning the victim will require a breathing aid to remain alive. The affected areas lose all motor and sensory functions.
Triplegia
This form of spinal cord injury often impacts three limbs and causes loss of motor functioning. A triplegic can lose motor functioning in both arms and one leg or both legs and one arm. There’s no specific order to how the injury will manifest.
Paraplegia
This form of paralysis involves the victim losing sensation and motor functioning from the waist down. Paraplegic individuals may need a wheelchair to move around.
More often than not, people with spinal cord injuries require extensive treatment and need aid to live independently. Expenses can accrue due to medical care, vocational training, special equipment, home care, and psychological counseling.
Regardless of the type of spinal cord injury you have suffered, our personal injury lawyers at Rowe & Hamilton are ready to help you file a claim for compensation.
Why Should You See a Doctor Right Away After a Back Injury?
After sustaining a back, neck, or head injury, you should consult with a physician immediately and have your injuries examined for the likelihood of spine damage. When dealing with spinal cord injuries, taking immediate action is key.
Here’s why you need to see a doctor:
- A serious spinal injury isn’t always obvious right away. Numbness or paralysis may happen immediately or develop gradually with swelling and bleeding around the impacted area.
- A doctor will recognize the signs of spinal injury and take action to halt the damage from worsening.
- Not seeking treatment right away could worsen the injury or even result in fatal complications.
- After examining you, a doctor will establish the extent and seriousness of your injury.
If you’ve hurt your back, head, or neck in a car wreck, slip and fall, or any other accident, seek medical aid right away.
What Are Some of the Causes of Spinal Cord Injuries?
Different kinds of accidents can result in spinal cord injuries. Here are some of the most prevalent causes of spinal cord injuries according to the Mayo Clinic.
Work Accidents
The workplace is one of the most common places you can sustain an SCI. There are many risk factors that leave you vulnerable. Workers may fall from a high place or be injured by heavy equipment.
Motor Vehicle Accidents
Car accidents and motorcycle accidents are the leading cause of spine injuries and are responsible for nearly half of the spinal cord injuries each year. Pedestrians are also vulnerable to suffering a spinal cord injury.
Falls
Falls are the leading cause of spinal injuries among seniors aged 65 years and over. In general, 31% of SCIs are due to falls. Falls usually lead to neck, head, or back injuries that can result in severe spine damage.
Sporting or Recreation Accidents
Athletic activities, such as impact sports and diving in shallow water, cause about 10% of spinal cord injuries. Faulty equipment and carelessness by athletic and recreation facilities can lead to these tragic accidents.
Violence
Violent situations account for 13% of all SCIs, most of which involve gunshots or stab wounds. Victims can sue the person responsible in a personal injury case. In some instances, the premises owner can be held liable for inadequate security at a bar, nightclub, motel, etc.
Diseases
Certain types of medical complications and infections like arthritis, cancer, polio, osteoporosis, spina bifida, and spine inflammation can result in spinal cord injuries.
What Can I Expect to Recover if I Have a Spinal Cord Injury?
In general, accidents are the primary cause of the majority of spinal cord injuries, but most of these incidents are avoidable and result from the careless or reckless acts of another party. The victim of such negligence deserves financial compensation.
An Indianapolis spinal cord injury lawyer at Rowe & Hamilton can review the circumstances surrounding your case and identify any negligent actions that might have resulted in your spinal cord injury. If your injuries are a result of carelessness or negligence, you have grounds to seek reimbursement.
Some of the losses and damages you can expect to recover when filing a spinal cord injury lawsuit include the following.
All Reasonable and Necessary Medical Expenses
This includes any past and future spinal injury-related expenses including surgical costs, and medical costs, in addition to supportive medical gear like breathing aids, wheelchairs, and car modification for your disability. All of these will be taken into consideration when determining how much you should recover.
Lost Income Due to the Injury
This refers to lost earnings you have experienced because of the injuries. Chances are that you won’t be able to fulfill your duties as you recuperate. You can also recover compensation for lost earning capacity if you’re left unable to work or unable to earn the same amount as before the accident.
Pain and Suffering
Following a spinal injury, you are bound to experience some emotional distress since you’ll have to accept your disability and change the manner you live and carry out tasks. The thought of losing your motor functioning and changes in your lifestyle is just emotionally damaging.
Wrongful Death
If a spine injury caused the death of a loved one, you can file a wrongful death lawsuit against the at-fault party. The family may have grounds to seek damages based on the pain and suffering of the loved one, loss of a companion, loss of a breadwinner, and funeral and burial loss to lessen the financial burden.
There’s no figure in the world that can completely cover the pain and suffering affiliated with a spinal cord injury, however, reimbursement from a lawsuit provides the victim with the best chance to seek medicare and lessen the financial burden that ensues.
If you or somebody close to you has been the victim of a spinal cord injury in Indianapolis, you’ll want to consult with a skilled spinal cord injury attorney at Rowe & Hamilton Attorneys at Law now to talk more about your options and how we can assist you to recover damages and start your new life.
Indiana Negligence Laws
Indiana follows the legal doctrine of modified comparative negligence when establishing fault in spine injury cases. This means that you may be partly responsible for the injuries and will still be eligible to recover compensation. However, you must be less than 51% at fault to recover any compensation.
The court will reduce your compensation amount by your percentage of fault. For instance, let’s say you are found to be 10% responsible for the auto crash that resulted in your injuries and the other party was 90% at fault.
If the total compensable amount was $1,000,000, then your total recoverable compensation amount will be $900,000. Call an experienced Indianapolis spinal cord injury attorney who understands Indiana laws.
How Are Spinal Cord Injury Cases Different From Other Personal Injury Cases?
With regard to compensation claims, persons seeking damages for injuries suffered through a personal injury lawsuit are more likely to recover from their injuries, get reimbursed and proceed with their normal lives. However, that’s not the case with spinal cord injuries as victims often need long-term care.
More often than not, people with spinal injuries are left with a permanent disability and need equipment like wheelchairs. Spinal cord injuries can contribute to other health issues in the future.
Your Indianapolis spinal cord injury lawyer needs to make sure that you are fairly compensated for your current and future medical expenses, lost income, and your pain and suffering.
Is There a Time Limit to File a Spinal Cord Injury Claim in Indiana?
Spinal cord injuries fall under the purview of personal injury claims. According to Indiana Code Title 34. Civil Law and Procedure § 34-11-2-4, you have two years following the date you sustained a spinal cord injury to file a claim. Failure to file a claim within this period invalidates your claim and you won’t be able to recover compensation.
Call the spinal cord injury attorneys at Rowe & Hamilton immediately after your accident for help. We will handle all the legal formalities involved as you concentrate on recuperating.
What if a Spinal Cord Injury Happened at Work?
If you sustained the spinal injury while fulfilling your work duties, it will be addressed as a workers’ compensation case. The contrast between a workers’ compensation claim and a personal injury claim is that you don’t have to show the employer was at fault to recover workers’ comp benefits.
As an employee, you are protected should you suffer an injury while fulfilling your job roles. With workers’ comp insurance coverage, you’re entitled to medical treatment and a percentage of your lost earnings but not damages for pain and suffering.
You generally can’t file a personal injury case against an employer for a work injury. However, you can sue a negligent third party, like the manufacturer of defective equipment. This means you can seek both a workers’ compensation and a personal injury claim.
Call a skilled Indianapolis spinal cord injury attorney at Rowe & Hamilton to discuss your options further.
Consult With an Experienced Indianapolis Spinal Cord Injury Lawyer!
Injuries affecting the spine are usually painful and traumatic. You can’t imagine losing your motor functioning which was an integral part of your daily life. After this life-changing ordeal, the last thing you want is to get an unfair settlement that doesn’t cover all your medical expenses and losses.
The spinal cord injury lawyers at Rowe & Hamilton Attorneys at Law are sympathetic to your situation and believe you shouldn’t have to bear the burden of somebody else’s negligence. We are dedicated to assisting spinal cord injury victims to get maximum compensation for damages and injuries suffered.
We understand that this ordeal may have gotten you unexpectedly which is why we work on a contingency basis. This means that when you reach out to us, we will offer our expertise at no upfront cost. We will vigorously fight for your rights and ensure your demands are honored. You will only pay us after winning the case and recovering compensation.
You can get in touch with our Indianapolis injury law firm today at 317-482-7888 to book a no-cost consultation and case assessment.
