The most common causes of spinal cord injuries are motor vehicle
accidents, followed by falls, acts of violence and sporting accidents.
Medical malpractice, such as improper epidural injection, is also
a cause of significant spinal cord injury. Because spinal cord
injuries often occur in adolescence and early adulthood, survivors
frequently face decades of living with the physical, emotional,
and financial consequences of severe disability. The highest incidence
of spinal cord injury (SCI) occurs in young while males 15 to
25 years of age, with a male-to-female ratio of 4:1. It is estimated
that lifetime expenses exceed $550,000. Obviously, there is considerable
variation in these expenses depending upon the age at the time
of the injury and the severity of the injury.
Studies have shown that there are many factors that favor employment
after SCI. These include younger age at the time of injury, being
male, being white, higher education level, high motivation, sufficient
functional ability, and employment before injury. The most consistent
predictor of employment outcome after SCI has been educational
history. It is clear that those with more years of education are
more likely to be working after SCI. It also seems to take the
passage of time after SCI for higher levels of employment to occur.
In one study, the percentage employed in the competitive labor
market increased from 12.6% two years after SCI to 38.3% twelve
years after injury.
The traditional elements of legal damages that may be claimed
by anyone who is injured through the misconduct of another person
or company would apply to your claim. These elements, however,
are intensified because of the nature of a spinal cord injury.
Nobody disputes the fact that a severe spinal cord injury constitutes
one of the most devastating calamities that a person or his family
can experience. Therefore, the right to seek compensation for
the "loss of the ability to lead and enjoy a normal life
in the past and in the future" really hits home with most
juries who would consider your claim. And, the allowance for "reasonable
future medical expenses" requires consideration of the significant
complications that can occur after a spinal cord injury even under
the best of circumstances.
Likewise, "future loss of income or earning capacity"
must be liberally calculated due to the many factors that make
gainful employment difficult for you to achieve and to retain.
Who can know for sure that physical complications will not cause
you to lose even a sheltered employment five years from now?
An experienced personal injury attorney who has represented SCI
victims in their claims knows the difficult road that must be
traveled by every survivor and his or her family. He knows the
experts necessary to testify to the damages that make up your
claim. He is able to effectively present your past and future
losses in a persuasive manner to an insurance company or jury.
Perhaps more importantly, he can be a valuable resource for you
in your lifetime rehabilitation process as you seek to achieve
a meaningful lifestyle.
Please complete our “Free
Case Evaluation Form” from the menu above or call The
Sherris Law Firm at (407) 999-9955 to learn about your legal
rights.