How Personal Injury Lawyers Calculate Spinal Injury Claims
Category:
Automobile/Car AccidentsPersonal Injury
When pursuing compensation for spinal injuries, personal injury lawyers rely on a variety of factors to determine the value of a claim. These factors include economic damages, non-economic damages, and, in some cases, punitive damages. You can build a strong case to establish liability with the right approach, evidence, and guidance from an experienced Fresno spinal cord injury attorney.
Economic Damages (Financial Losses)
Economic damages refer to the measurable financial costs associated with a spinal injury. These include:
Medical Expenses
Lawyers consider all past, current, and projected future medical costs. This includes hospital stays, surgeries, rehabilitation, assistive devices (such as wheelchairs), physical therapy, and home modifications. A medical expert may be consulted to estimate long-term healthcare costs.
Lost Wages and Future Earnings
If you are unable to work due to your injury, lawyers calculate lost wages and benefits. For severe spinal injuries resulting in permanent disability, they assess the potential loss of future earning capacity by factoring in age, occupation, skills, and employment prospects.
Home and Lifestyle Adjustments
Some spinal injuries require victims to modify their homes for accessibility or hire long-term caregivers. These costs are incorporated into the claim.
Non-Economic Damages (Pain and Suffering)
Non-economic damages are more difficult to quantify because they involve subjective experiences such as pain, emotional distress, and loss of enjoyment of life. Lawyers consider:
Pain and Suffering
Chronic pain, discomfort, and the impact on daily life are key elements in determining compensation.
Emotional Distress and Mental Anguish
Spinal injuries can cause anxiety, depression, and post-traumatic stress disorder (PTSD), which are factored into the claim.
Loss of Consortium
If the injury negatively affects relationships with a spouse or family, compensation may be awarded for loss of companionship or support.
Because spinal cord injuries often lead to permanent disability, paralysis, and lifelong struggles, juries and insurers may award substantial non-economic damages, dramatically increasing the overall settlement or verdict value.
Courts and insurance companies often use a multiplier method (multiplying economic damages by a factor of 1.5 to 5, depending on the severity of the injury). Alternatively, a per diem method (assigning a daily compensation rate) may be used to estimate non-economic damages.
Punitive Damages (In Cases of Gross Negligence or Intentional Harm)
If the injury was caused by extreme negligence, such as drunk driving or medical malpractice, punitive damages may be awarded. These damages serve as a financial penalty for the at-fault party and a deterrent for future misconduct. While there is no set cap on punitive damages, they must be reasonable and proportionate to the harm suffered.
Additional Considerations
Comparative Negligence
California follows a pure comparative negligence rule, which means that an injured party can recover damages even if they are partially at fault for an accident. However, their compensation is reduced by their percentage of fault. For example, if a spinal cord injury victim is found 30% at fault for an accident, their total compensation will be reduced by 30%. A Fresno personal injury attorney can assess your level of fault and fight to reduce any unfair reductions in your compensation.
Insurance Policy Limits
The at-fault party’s insurance coverage can impact the maximum compensation available. Insurers are not required to pay beyond policy limits even if your damages exceed them.
Caps on Damages
California caps non-economic damages (pain and suffering) in medical malpractice cases at $350,000 as of 2023, with gradual increases to $750,000 by 2033 under the Medical Injury Compensation Reform Act (MICRA).