Spinal cord injuries are often painful and come with a whole host of medical complications. You might be living with the effects of a spinal cord injury for years or even forever. As such, damages for these claims tend to be high, and a settlement should reflect the magnitude of your injuries.
Spinal cord injuries may leave you with limited mobility or even total paralysis. Your injuries will likely be expensive to treat and inflict severe mental and emotional distress on you and your family. When negotiating a settlement, we must come prepared with evidence of your injuries and how the defendant is responsible. The stronger our evidence, the more likely we are to obtain a larger settlement. If a settlement does not pan out as we hope, we can file a personal injury lawsuit against the defendant to get you compensation.
Receive a free case assessment from our South Carolina personal injury attorneys by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
The Value of Spinal Cord Injuries
Spinal cord injuries may lead to numerous medical complications and a lot of pain. While damages will vary from case to case, certain factors often influence the overall value of a plaintiff’s claims.
Severity of Injuries
While spinal cord injuries are known to be serious, they are not all the same, and some may be worse than others. Generally, the more severe your injuries are, the higher your damages are.
Your damages may be worth more compensation if you experience medical complications. Spinal cord injuries often do not fully recover. Many victims experience feelings of numbness or pain. Others lose mobility and can no longer move certain parts of their body.
On top of that, claims involving permanent disabilities or pain tend to be worth more. Many people are permanently paralyzed after a spine injury, and their compensation should reflect how their lives have been forever altered.
Quality of Life
Spine injuries can severely impact your overall quality of life. This may involve physical limitations in addition to mental and emotional turmoil.
Many people find aspects of their personal life altered after a spinal cord injury. Dating and romance might be challenging if you now live with limited mobility. You might find it hard to maintain certain relationships while navigating life with a new disability.
Your injuries may also affect your professional life. Your ability to work and remain independent might be diminished. Some people can no longer live alone after being injured, and they may also have to sacrifice promising careers because of their condition.
These losses can lead to a significantly reduced quality of life. The greater this reduction, the more you should claim in damages.
Treatment Costs
Another factor to consider is the economic cost of emergency medical care. Spinal cord injuries are severe and require immediate and urgent medical care. This care is often expensive and requires a long-term commitment. Some people will continue incurring medical bills for the rest of their lives.
Our Columbia, SC personal injury attorneys must consider not just your immediate medical expenses but also those you will have in the future. When a lifetime of care is involved, damages should be very high.
How to Negotiate a Fair Spinal Cord Injury Settlement in South Carolina
Negotiating a fair settlement is easier said than done. The defendant and their insurance provider are likely looking to pay as little as possible to get you to drop the case. Your attorney can make sure that the terms of the settlement and your compensation are fair.
To obtain the best possible settlement, we must come prepared with extensive medical records. These will help us prove how the injuries occurred and how they have affected your body and health. If the defendant can dispute the severity of your injuries, we might have a harder time getting a good settlement.
We must also be prepared to show how the defendant is responsible. Proof of your injuries is only half the equation. We must have evidence showing how the defendant is the direct cause of your injuries. If we cannot prove this, there is no reason for the defendant to settle in the first place.
Ultimately, obtaining a fair settlement is only possible if we understand the value of your claims. We must accurately calculate damages so that we know your settlement will cover everything.
Punitive Damages in South Carolina Spinal Cord Injury Cases
Some cases warrant punitive damages, which are awarded to penalize defendants for specific kinds of egregious behavior. These damages can be substantial if they are available, and they may make your claims far more valuable.
According to S.C. Code Ann. § 15-32-520(D), punitive damages may only be awarded in South Carolina cases where the defendant acted with wanton, willful, or reckless conduct. We must prove their actions by “clear and convincing evidence,” which is a very high burden of proof.
Again, these damages are only available in cases where the defendant’s actions meet specific criteria, and most cases do not involve punitive damages.
How to Get Compensation for Spinal Cord Injuries
While a settlement can help you recover damages, it is not the only option for compensation after a spinal cord injury.
One option is to file an insurance claim. This can help cover various economic expenses, but you may have a hard time covering non-economic damages, which can be substantial in spinal cord injury cases. You might have your own insurance or be able to file a claim with the defendant’s insurance.
If insurance simply is not enough, and the defendant is unwilling to offer a better settlement, we can take the matter to court. Spinal cord injuries often involve high damages, and a lawsuit might be the only way to make the defendant, or an insurance company, pay you the full value of your claims.
Receive Legal Help When You Call Our South Carolina Personal Injury Attorneys
Receive a free case assessment from our Sumter, SC personal injury attorneys by calling Burriss Ridgeway Injury Lawyers at (803) 451-4000.
