No two spinal cord injury cases are the same. Damages in one paraplegia case are not the same as in another, and the same is true with quadriplegia cases. For example, the lower on the spine the injury, the better the chance is for the mobility of the arm or hand, even in quadriplegic cases. Conversely, the higher the injury, it is likely the greater the impairment.

The data collected by the National Spinal Cord Injury Statistical Center does tell us that less than 1% of all spinal cord injury survivors experience complete neurological recovery by the time they are discharged from the hospital. In fact, 45% experience incomplete quadriplegia, and 21.3% experience incomplete paraplegia, while 20% experience complete paraplegia, and 13.3% experience complete quadriplegia. Only 0.4% is at a normal neurological level when they are discharged from the hospital.

In many serious spinal injury cases, the compensation can include:

• Past, present, and future wage losses
• Past, present, and future medical expenses
• Pain and suffering
• Emotional distress
• Embarrassment and humiliation
• Physical, emotional, and psychological injuries
• Attendant care costs
• Special medical equipment costs

But each injured individual will have unique needs, and “humanizing” the plaintiff’s case will dictate special attention to each such need.

When evaluating a spinal injury case, attorneys must consult with appropriate experts to address each of the issues relevant to a case. Physiatrists, neurologists, orthopedics, psychologists, neuropsychologists, speech, occupational and physical therapists, recreational therapists, vocational rehabilitation counselors, nurses, patient advocates, case managers, social workers, and other specialists are usual. Depending on the case, you may need to consult with a cardiologist, an infectious disease specialist, or numerous other medical sub-specialists. Each case should include a life care plan to account for all the necessary expenses during a patient’s lifetime.

Important factors that can impact a spinal cord case include:

• Life expectancy must be taken into account. Inexperienced counsel, in a rush to emphasize the catastrophic nature of the plaintiff’s injuries, can easily fall into a defense theory (backed with ample expert testimony) that plaintiff’s injuries result in a shortened life expectancy. While the defense argument tends not to take into account the sweeping improvements in rehabilitative medicine (increased mortality) it is necessarily an emotionally “rational” argument for the jury, and counsel must meet the argument head-on, and early in the trial.
• Respiratory problems. At its most devastating, a plaintiff may require the aid of a respirator because there is no longer control of breathing function. This may depend on unique circumstances, arguably place the plaintiff at greater risk for a respiratory infection.
• Bowel and bladder control. Similarly, in a given case, bowel and bladder control may be non-existent. It is not uncommon for orifices to be tightly closed, necessitating the use of suppositories. Catheters are required for voiding, along with a “void bag” or another such depository. Again, concerns of potentially life-threatening infections arise.
• Concern of infection likewise arises from the risk of development of decubitus ulcers or pressure sores. Given the lack of mobility caused by a spinal cord injury, a greater risk exists for the development of sores. The continued pressure on the particular point causes impairment of blood supply, depriving tissue of nutrition, causing tissue breakdown, and the development of painful sores.
• Medical equipment. Without a wheelchair and/or other medical equipment, each spinal cord injury client is at risk for death. On top of mobilization issues, the problem of loss of feeling and function of limbs, and it is not difficult to realize the potential need for attendant care, without which life expectancy could be significantly shortened.
• Psychiatric/psychological intervention is a must. A once healthy, active life is abruptly reduced to a mind trapped in a body that will not work. This is especially so given medications that may or may not be at issue. Significant neuronal damage can, for example, result in the prescription of such drugs as oxycontin or worse. Evaluation of a client’s mental condition is therefore absolutely required.

At Scarlett Law Group, our team of San Francisco spinal cord injury lawyers is dedicated to fighting for the rights of victims who have been severely injured by the negligence of another individual or corporation. Because we know spinal cord injuries can bring about severe hardships for victims and their families, we handle each case with diligence and compassion and ensure our clients receive the medical attention needed as we pursue maximum compensation.

If you or a loved one has sustained an injury due to the negligence of another individual or entity, get in touch with Scarlett Law Group today. We can provide you with a free consultation!