Because every accident and every injured party are different, we believe there is no meaningful average settlement for a spinal injury. While theoretically a mathematical “average” may, perhaps, be computed, it would require “mixing apples and oranges,” that is, straining the definition of “spinal injury” to make it fit the equation. For example, even two people who suffer serious spinal injuries as a result of the same accident will have varying amounts of recoverable damages.
Your potential settlement will vary based on several factors. These factors include the extent of your injuries, which includes the degree to which you recover, the costs and other specifics of your treatment, (e.g., was surgery required, etc.,) and the time you miss from work. The amount(s) of available insurance coverage may also be a significant factor. Important steps in building a case that seeks to recover the full value of a claim include, broadly speaking, documenting the cause of the accident, the extent of your injuries, and their ongoing financial impact.
In This Article
- How to Assess the Value of Your Spinal Injury
- Define the Negligence That Caused Your Spinal Injury
- Get Your Free Spinal Injury Consultation
How to Assess the Value of Your Spinal Injury
Your potential settlement after a negligence-based injury depends on a number of variables. The value of your case will depend on:
- The cost and extent of your injury
- The length of your physical recovery
- The period of time you cannot work
- Your need for assistive medical devices
- Your need for in-home medical support
If you are represented by a personal injury lawyer, they will also assess the effect of your injury on your quality of life. These forms of compensation are non-economic and include the following types of damages:
- Physical disability
- Physical disfigurement
- Ongoing pain and suffering
- Mental and emotional anguish
You also have the right to seek damages for the costs of repairing or replacing your damaged property. Your lawyer will review each item in your claim for compensation very carefully prior to entering negotiations or fielding any settlement offers.
Determine Your Right to a Settlement Based on the Cause of Your Spinal Injury
According to Mayo Clinic research, an injury to your spine sometimes results from a traumatic event, including:
- Sports injuries
- Physical assault
- Car accidents
- Accidental falls
If one of these factors caused your accident and was the result of negligence, a lawyer in your area will prepare a personal injury insurance claim or lawsuit on your behalf.
For a free legal consultation, call 516-932-0400
Define the Negligence That Caused Your Spinal Injury
To recover a settlement from the at-fault party—the person whose negligence caused your accident—you are required to prove the negligence of their actions.
The legal components of negligence include:
- Duty: The at-fault party owed you a duty of reasonable care
- Breach: The at-fault party failed to meet the required duty of care
- Causation: Their breach caused your accident and resulting injuries
- Damages: Your injuries created financial expenses and losses
Understanding who is responsible for your financial compensation is an important part of your case. Your lawyer will collect evidence that identifies the at-fault party and their insurance company.
Your Evidence File Will Tell the Story of Your Accident and Injury
To ensure the at-fault party is held financially accountable for your accident and resulting injuries, your lawyer will build a solid evidence file. It will contain:
- Medical records and bills that document the cause and costs of your injuries
- Employment and salary records that prove the value of your lost wages
- Accident and incident reports that document the causes and contributing factors
- Accident scene and injury photos and dashcam, smartphone, and security footage
- Lay and expert witness statements and accident reconstruction reports
While you concentrate on your medical treatment and recovering from your injuries, your lawyer will compile and organize your evidence. They will also present it to the at-fault party and their insurer to steer your case toward a settlement rather than a trial if possible and, most importantly, if such a settlement, secured only with your approval, is in your best interest.
How an Appropriate Settlement Is Negotiated
Typically, your lawyer will:
- Field each monetary offer you receive
- Review the feasibility of each offer
- Clarity its pros and cons
- Make counteroffers/settlement demands on your behalf
Once an offer is accepted, it is final, and you cannot request additional compensation later. For this reason, your lawyer will make sure your case receives a careful valuation and protect you from speedy, yet potentially insufficient, settlement offers.
The Statute of Limitations Will Affect Your Spinal Injury Case
Every state imposes a statute of limitations on personal injury cases. It is a mandatory deadline that determines how much time you have to file your lawsuit. The statute of limitations is difficult to comply with on your own since it varies based on many different factors.
A lawyer will help you meet the state-imposed deadlines for taking legal action.
Get Your Free Spinal Injury Consultation
Did you or a loved one suffer a spinal injury as the result of a negligence-based accident? We want to help. Our law firm is passionate about advocating for our injured clients. Find out how hard we fight for an appropriate spinal injury settlement. Contact our consultation team at Friedman & Simon, L.L.P. to get started today.