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Spinal cord injury (SCI) is damage to the spinal cord because of direct trauma to the spinal cord itself or as a result of indirect damage to the bones, soft tissues, and vessels surrounding the spinal cord. According to the National Spinal Cord Injury Statistical Center, there are approximately 17,500 new traumatic spinal cord injuries each year in the United States, with 39.3% caused by vehicular accidents, followed by falls, violence, and then sports/recreational activities. Mortality risk is highest in the first year after injury compared with subsequent years.
Spinal cord damage can result in a loss of mobility and feeling. With most cases of SCI, the spinal cord is not severed, but this is not to be confused with a back injury, which might result from pinched nerves or ruptured disks. Although a person might break their vertebrae, there may not be any injury to the spinal cord. Currently the average age at the time of injury is 42 years, with men accounting for 81 percent of new SCI cases.
For those who have recently experienced an SCI, it might seem as if every aspect of their life has been affected. Victims might feel the effects of their injury mentally, emotionally, and socially. Anyone who experiences significant trauma to his or her head or neck needs immediate medical evaluation for the possibility of spinal injuries.
Victims who have experienced an SCI because of the negligent actions of another person or entity may be able to pursue a personal injury claim against the responsible party.
SCI may result in one or more of the following signs and symptoms:
Emergency signs and symptoms of an SCI after an accident may include the following:
Spinal cord trauma is more than a single event. The initial blunt force damages or kills spinal nerve cells. However, in the hours and days after injury, secondary events, including loss of oxygen and the release of toxic chemicals at the site of injury, further damage the cord. It is important for victims to receive medical attention as soon as possible to avoid further damage and to begin a proper recovery plan with a trained medical professional.
An acute SCI is the result of a traumatic injury that results in some type of impact to the spine. The injury can be either a bruise/contusion, a partial tear, or a complete tear/transection in the spinal cord. SCI is a common cause of permanent disability and death in children and adults. The following are incidents that can lead to SCI:
SCI can result in a loss of function throughout the body. Although in many cases this can be permanent, it does not have to be as severe as once originally considered. There are several surgical procedures that a person can undergo that will help alleviate some of the pain associated with the injury as well as the ramifications of it. However, there is no complete cure. Some of the surgeries are as follows:
As the number of people living with paralysis rise and as they age with their injury, the costs associated with treating them increase as well. Each year, paralysis costs the health care system billions of dollars. Spinal cord injuries alone cost roughly $40.5 billion annually, a 317 percent increase from costs estimated in 1998, which was $9.7 billion. People living with paralysis and SCI are also often unable to afford health insurance that adequately covers the complex secondary or chronic conditions that are commonly linked with paralysis.
Medical expenses for SCI are often well in excess of $1 million per patient. Of course, the exact costs vary depending on the severity of the injuries and the number of medical services needed. Some of the most common sources of expense include the following:
Statistics show that one year after injury, just 11.7 percent of victims of an SCI are employed. At 20 years post-injury, the figure is 35.2 percent. Consequently, the loss of earning potential is one of the most significant expenses for SCI survivors. Even if victims are able to return to work, they will still have to take time off to recover from their injuries. Unless the employer continues to pay the victim as they recover, one can expect to lose significant income.
The long-term costs of spinal cord injuries are not readily apparent, particularly when victims are focused on just surviving. Some of the additional expenses victims could incur include the following:
Unfortunately, there is no known cure or procedure that can fully repair or cure SCI. There is research into new treatments and procedures. However, at present there has not been any major breakthroughs.
After a person sustains a spinal cord injury, they will experience a swelling on the spinal cord, which leads to some loss of function in some aspects of the body. That swelling begins to reduce over the days and weeks following the injury, and the victim will begin to see some function return.
Healing is a slow process, as some victims report getting function back as late as 18 months after an accident. In few cases, a person will receive additional functionality back years after the incident. It is rarer still that a person will get back all their functionality. Most patients will live with some loss of function for the remainder of their lives.
For victims facing a life of living with an SCI, this time can be full of uncertainty. It is critical to keep in mind that every SCI lawsuit is different and the circumstances surrounding each case will be unique. The injury, the facts surrounding the case, how the case is handled, and a variety of other factors will differ for each victim. Some of the factors a lawyer will consider include the following:
Anyone, regardless of their age, is eligible to sue another person or entity if that other person or entity is at fault for the victim’s injury. That includes an adult or a child. A victim can still sue even if they were partially responsible for the accident that ultimately caused their injuries, since California is a comparative fault state. That means that in the state, a person is responsible for a fraction of the total damages, equivalent to the percentage that they are deemed to be at fault.
It is also important for a victim, their friends and family, and their attorney to investigate the circumstances of an injury as quickly as possible to ensure that all the details and facts about a case are gathered. The investigation should include a look at the site of the accident, inspecting any vehicles, machines, or tools involved and an in-depth conversation with all the witnesses. It is important that nothing be altered from the time of the accident. For instance, if the accident occurred as a result of a car accident, the vehicle should not be repaired or washed but remain in the same condition.
The goal of the investigation is to determine who is ultimately at fault for the accident and to prove a lack of fault on the part of the victim. The investigation will also determine if multiple people are at fault and divide the responsibility among the participants.
As in most accident cases, a victim has approximately two years to file a lawsuit from the date of the initial accident. That time can be extended if there was some time between the accident and the manifestation of the injury.
If the case is against a government entity, the victim has six months to file the case.
If the victim is a minor, they have until their 19th birthday to file a claim, although they still only have six months if they are going to sue a government entity. In addition, the statute of limitations on medical malpractice is also shorter in these instances.
After a person suffers an SCI, the future can be very uncertain both medically and financially. Although victims may have many questions, there are steps to take to help with the financial questions. Depending on the circumstances of the injury that led to the SCI, a person might have a legal right to seek damages from someone or an entity. If that is the case, they might be able to collect money from that person or entity to help defray the costs of the mounting medical bills.
To achieve that goal, there is an extensive but manageable legal process in place. If a victim has a good team of experienced lawyers behind them, the legal path before them will not be so challenging. The process involves the following steps:
There is no definitive amount that a person will receive in an SCI case. However, given the severity of the injury, these cases tend to garner higher amounts in settlement than other personal injury cases. However, victims must realize that although these cases could result in higher settlements, they take substantially more time. These types of lawsuits can take years to resolve, not months. When all parties involved are in agreement on the case, the process can move quickly. However, if there is resistance from one party, usually the insurance company negotiating in bad faith, a case can take a significant amount of time.
The unfortunate fact is that the cost of SCI often extends far beyond the physical ramifications. When your job is to focus your energy on learning how to live life to the fullest again, the last thing you want to be worrying about is how to piece together the financing for the high cost of your recovery. Victims of SCI are urged to contact the Los Angeles catastrophic injury lawyers at ACTS Law today. Our attorneys can help you evaluate the liability of the parties involved, your rights to compensation, and advise what steps are necessary to obtain fair compensation for injuries and damages you have sustained. To schedule a free, confidential consultation, call us today at 833-ACTS-LAWopens phone dialer or contact us online.
Our offices are located in San Diego and Los Angeles, and we serve clients throughout Southern California.
At Abir Cohen Treyzon Salo, LLP, our skilled and knowledgeable attorneys represent victims in a broad array of case types. From civil rights to civil litigation, from medical malpractice to product liability, from catastrophic personal injury to wrongful death, from commercial and residential property insurance claims to bad faith insurance disputes.
At Abir Cohen Treyzon Salo, LLP, our skilled and knowledgeable attorneys represent victims in a broad array of case types, from civil rights to civil litigation, from medical malpractice to product liability, and more.
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