Accidents often leave people with debilitating injuries that affect them forever. Certain spinal cord or nerve injuries may lead to paralysis, which can be emotionally and financially difficult to deal with. You may want a settlement for your injuries, and an attorney can help make sure it is fair.
Damages for paralysis-related injuries can be substantial. You may incur hefty medical bills and need extensive medical care in the future. On top of that, learning to live with limited mobility can be emotionally distressing. A settlement should be substantial and account for your costs and suffering. Who pays for a settlement may influence your compensation. Insurance companies often have greater financial resources to pay than individual defendants.
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 and get a free, confidential case analysis from our South Carolina personal injury attorneys.
Possible Damages in a Paralysis Injury Case
Paralysis is a serious injury that may take a huge toll on the rest of your life. As such, damages in cases involving these injuries tend to be high.
Economic Damages
Paralysis injuries can be severe, painful, and complex. They often need extensive and costly medical care for a long time, and you may rack up enormous medical bills.
Not only can you claim any current medical bills, but any medical expenses you are likely to incur after the case is over should also be estimated and claimed.
Paralysis often prevents people from returning to their jobs. You may need to find a new job that you can perform with limited mobility, or you may be unable to work again. As a result, you may lose valuable income.
Our South Carolina personal injury lawyers will estimate how much income you have lost and may continue to lose in the future and add it to your claims.
Non-Economic Damages
Your non-economic damages are rooted in more personal and subjective experiences surrounding your injuries.
First, we should consider the degree of physical pain you are experiencing. While paralysis often involves the loss of sensation and mobility, this is not always the case. Many people experience significant pain, which may warrant substantial damages.
Suddenly becoming paralyzed is a traumatic experience that tends to inflict serious psychological injuries. You might deal with the emotional and mental distress of your accident for many years. Your suffering also deserves fair compensation.
Ultimately, we must consider how your injuries impact your overall quality of life. Maybe you must give up a promising career and can no longer enjoy the active lifestyle you once had. These losses, along with others, are deeply painful, and you should be compensated.
Punitive Damages
Punitive damages are not awarded to compensate you for anything you lost or experienced. Instead, these damages are meant to punish defendants who exhibit especially egregious behavior.
Punitive damages are only awarded under very strict conditions. According to S.C. Code Ann. § 15-32-520(D), we must prove by “clear and convincing evidence” that the defendant caused your injuries through reckless, willful, or wanton conduct. This may involve gross negligence, which is far above and beyond ordinary negligence, or intentional actions.
While punitive damages can be valuable, they are limited under § 15-32-530(A). Generally, an award may not exceed three times the value of your total compensatory (economic and non-economic) damages, or $500,000, whichever is more.
Factors That Influence the Value of Paralysis Injuries in South Carolina
No two cases have the same damages, and numerous factors may determine the value of your claims.
First, we should consider the extent of the paralysis. This is a complex medical condition that might involve only partial mobility issues or complete and total immobility of certain body parts.
You might be paralyzed from the waist, chest, or neck down. Walking could be difficult or impossible. The more limited your mobility and the more permanent your condition, the more valuable your claims may be.
Next, we should examine the defendant’s behavior. Were they merely negligent, or did they act with malice? What they did and how they did it may make a jury more or less sympathetic toward your situation, and it could affect your damages.
We should also think about the impact your injuries have on your life. You might be unable to live independently and have to give up jobs and hobbies because of your condition. The greater the impact on your life, the higher your damages.
How Do I Know a Settlement for Paralysis is Fair?
Settlements must be worked out between you and the defendant and possibly their insurance provider. It is up to you to decide if the settlement is fair or not.
One sign that a settlement is fair is that all your economic costs are covered. You should not be left with unpaid debts or bills after accepting a settlement. If certain expenses are not covered, the settlement might not be a good one.
You should also ask yourself if the settlement gives you closure or a sense of justice. Becoming paralyzed is extremely difficult for many to endure, and you may want justice for what happened to you. If a settlement does not feel like justice, and you would rather have your say in court, talk to your attorney.
What to Do if a Settlement is Not Possible
Sometimes, settlements are just not possible. While we might attempt to negotiate with the defendant, the negotiations may fall apart. In that case, your attorney can help you prepare for a full lawsuit and trial.
Depending on your situation, you might file a lawsuit and then work on negotiating a settlement. Alternatively, you might begin settlement talks before your case is formally filed. In either situation, your attorney should be prepared to take the case to a full trial.
When preparing for the trial, we must gather all the evidence to present in court. Witnesses must be interviewed and prepped, photographic evidence should be prepared, video evidence should be ready, and all other necessary items should be in order.
Contact Our South Carolina Personal Injury Attorneys for Legal Support
Call Burriss Ridgeway Injury Lawyers at (803) 451-4000 and get a free, confidential case analysis from our Columbia, SC personal injury attorneys.
