Trusted Legal Advisor for Back Injury Claims
If you’ve suffered a spinal injury, you may be entitled to compensation to cover your medical expenses. This includes costs associated with ambulance rides, emergency room visits, doctor appointments, hospital stays, medications, and any equipment necessary to assist with mobility or daily activities. Any out-of-pocket expenses you incurred prior to reaching a settlement with an insurance company may also be included in your compensation.
Additionally, you can receive compensation for future medical expenses related to your spinal injury. Our legal team at Dettman Law in Louisville can provide more information about this aspect of your claim. Future compensation can cover ongoing treatments, therapies to improve mobility and speech, and any other medical assistance required to maximize your recovery. If your injury is severe, this portion of your compensation can be substantial.
Lost Wages: Current and Future
Suffering an injury often leads to missed work for days, weeks, or even months. This results in a loss of income while you still need to cover medical expenses and daily living costs. Our Louisville attorney will seek compensation for the wages you lost due to your injury. You can also receive compensation for future lost wages if your injury prevents you from returning to your previous level of employment.
In-Home Assistance and Personal Care
If your injury requires the assistance of a nurse, therapist, or other caregiver, either now or in the future, these costs are significant and can be included in your compensation. If you need lifelong assistance, securing compensation for these expenses is crucial. Our Louisville attorney will work diligently to ensure you receive the necessary compensation in this area.
Pain, Suffering, and Emotional Distress
Spinal cord injuries can be life-altering and cause tremendous physical and emotional pain. The law allows for compensation for this pain and suffering. While no amount of money can restore your health, it can help you access professional support for feelings of depression, anxiety, or embarrassment. Emotional distress can be overwhelming, especially when coupled with physical injuries. Our attorneys will strive to secure compensation for all the challenges you face due to your injury.
Loss of Consortium
If your injury negatively impacts your relationship with your spouse or family, you may be entitled to compensation for loss of consortium. When one partner suffers a severe injury, it can strain relationships and marriages. This compensation is intended to support your spouse and family in providing the additional care you require and to address the changes in your relationships resulting from your injury.
Home Modifications
If your injury necessitates the use of assistive devices like a cane or wheelchair, or requires modifications to your home, you can seek compensation for these expenses. Installing ramps, widening doorways, modifying cabinets, and purchasing specialized furniture are all items that can be included in your lawsuit.
Punitive Damages
In some cases, you may be awarded additional compensation from the party responsible for your injury. This is intended to motivate the responsible party to change their behavior and deter them from causing harm to others in the future. Punitive damages are only awarded in specific circumstances.
Fighting for the Compensation You Deserve
At Dettman Law in Louisville, our dedicated attorney is committed to fighting for the compensation you deserve following a spinal injury. We understand the physical, emotional, and financial challenges you face, and we will work tirelessly to ensure your needs are met. Contact us today at (502) 444-HURT to schedule a free consultation and learn more about how we can help you navigate this difficult time.
Different Kinds of Losses
Our Spinal Injury Lawyer at Dettman Law in Louisville, Kentucky, Understands the different types of losses that occur as a result of a spinal cord or back injury.
If you’ve suffered a spinal cord injury, you may be entitled to compensation for various types of losses related to your injury. When you file a personal injury lawsuit, the goal is to help you recover what you’ve lost due to someone else’s actions. You could receive compensation for things like:
• Medical expenses, both current and future
• Physical therapy and rehabilitation
• Medical equipment and medication
• Lost wages due to inability to work
• Future lost earning capacity
• Loss of enjoyment of life
• Property damage from the accident
• Pain and suffering
• Emotional distress or trauma
• Loss of consortium with your partner
• Punitive damages to penalize the party who caused your injury
In Kentucky, after an accident that wasn’t your fault, you can seek compensation for specific expenses and general losses related to your spinal injury. If your injury is severe, such as paralysis, you may be entitled to substantial compensation. Our attorneys at Dettman Law employ effective legal strategies to pursue the maximum compensation you deserve.
Types of Spinal Injury Cases
Negligence
This occurs when someone fails to act with reasonable care or responsibility, resulting in your injury.
Faulty/Defective Product
This involves injuries caused by a defective product, such as a malfunctioning machine at work or a car with faulty brakes. We can hold the manufacturers of these defective products liable.
What Is a Spinal Cord Injury?
A spinal cord injury occurs when your spinal cord is damaged. The spinal cord is protected by bones and cushions. A spinal injury can result from impacts, fractures, or other damage to your spine. Approximately 18,000 people suffer spinal cord injuries each year.
The spinal cord transmits messages from your brain to control your body. If it’s injured, it can disrupt these messages. Some spinal injuries can be treated, but others can lead to paralysis, which means you lose the ability to move certain parts of your body.
Levels of Paralysis
Paralysis refers to the loss of movement in parts of your body due to nerve damage. The higher the injury on your spine, the more severe it is. There are four types:
Cervical SCI: Affects the top part of your spine and can cause paralysis in your entire body.
Thoracic SCI: Impacts your upper chest, back, and abdominal muscles. Can cause paralysis in your lower body.
Lumbar SCI: Affects the lower half of your spine, impacting your hips and legs.
Sacral SCI: Damages the lowest part of your spine, affecting your hips, buttocks, and pelvic organs, but usually doesn’t cause paralysis.
A complete SCI entirely severs the spine, causing permanent paralysis. An incomplete one only partially affects the spine, so some function may remain. All spinal cord injuries are serious and can be life-altering.
Common Causes of Spinal Injuries in Kentucky
Various accidents can cause spinal injuries, such as:
• Car accidents
• Large truck accidents
• Pedestrian or bicycle accidents
• Slip and fall accidents
• Workplace accidents
• Acts of violence
• Sports-related accidents
• Medical malpractice
If you or someone you know has suffered a spinal injury due to an accident, we can help. Our attorneys will investigate the accident, gather evidence, and pursue compensation from the responsible parties.
What You Need for a Spinal Cord Injury Lawsuit
To file a spinal cord injury lawsuit in Kentucky, you must demonstrate that another party, possibly through negligence, caused your injury. You may need to prove the following elements:
• They owed you a duty of care.
• They breached that duty of care.
• Their actions caused your injury.
• You suffered losses or damages as a result.
You and your attorney must establish that your claims are more likely true than not. This is known as proving by a “preponderance of the evidence.”
If you or a loved one has suffered a spinal cord injury in Kentucky, contact Dettman Law today at (502) 444-HURT to schedule a free consultation. Our dedicated spinal injury attorney, Brian Dettman, will work tirelessly to help you pursue the compensation you deserve for your losses and hold the responsible parties accountable.
Spinal Cord Injury Lawsuit Facts and Statistics
1. According to the National Spinal Cord Injury Statistical Center (NSCISC), there are approximately 17,730 new spinal cord injury (SCI) cases each year in the United States (National Spinal Cord Injury Statistical Center, 2021).
2. The average age at injury has increased from 29 years during the 1970s to 43 years currently (National Spinal Cord Injury Statistical Center, 2021).
3. About 78% of new SCI cases are male (National Spinal Cord Injury Statistical Center, 2021).
4. Vehicle crashes are the leading cause of SCI (38.6%), followed by falls (32.2%), acts of violence (14.3%), and sports/recreation activities (7.8%) (National Spinal Cord Injury Statistical Center, 2021).
5. The average lifetime costs of SCI vary depending on the severity of the injury. For example, a 25-year-old with high tetraplegia (C1-C4) can expect to incur $5,100,941 in lifetime costs, while a 50-year-old with the same injury can expect $2,803,391 (National Spinal Cord Injury Statistical Center, 2021).
6. Approximately 30.6% of SCI survivors are re-hospitalized one or more times during any given year following injury (National Spinal Cord Injury Statistical Center, 2021).
7. The length of stay in the hospital following an SCI has declined from 24 days in the 1970s to 11 days currently (National Spinal Cord Injury Statistical Center, 2021).
8. The percentage of SCI individuals who are employed 10 years post-injury is 34.9% (National Spinal Cord Injury Statistical Center, 2021).
9. The most common secondary medical conditions associated with SCI are bladder and bowel dysfunction, pressure ulcers, and respiratory complications (Sezer et al., 2015).
10. The cost of modifying a home to accommodate an individual with SCI can range from $8,000 to $100,000 or more, depending on the extent of the modifications needed (Dunn et al., 2016).
11. According to a study by the Dana and Christopher Reeve Foundation, the average out-of-pocket costs for medical expenses and living expenses in the first year after an SCI are $184,891 (French et al., 2007).
12. The estimated lifetime costs for a person with SCI who is injured at age 25 range from $1.6 million to $4.8 million, depending on the severity of the injury (National Spinal Cord Injury Statistical Center, 2021).
13. The emotional and psychological impact of SCI can be significant, with approximately 20-30% of individuals with SCI experiencing depression (Craig et al., 2009).
Legal Disclaimer:
The information provided above is for general informational purposes only and should not be construed as legal advice specific to your case. While the facts and statistics presented are based on the cited sources, they may not reflect the most up-to-date information available or be representative of all spinal cord injury lawsuit cases. It is important to remember that the outcomes of individual cases can vary significantly based on the unique circumstances involved.
Although efforts have been made to include reliable sources, it is strongly recommended that you independently verify the information presented with the original sources and consult with a qualified legal professional to ensure accuracy and applicability to your specific situation.
If you believe you have a potential spinal cord injury lawsuit or are considering taking legal action, it is essential to consult with a knowledgeable attorney who can evaluate your case and provide personalized legal guidance tailored to your needs. The information provided above should not be relied upon as a substitute for professional legal advice specific to your individual circumstances.
References:
Craig, A., Tran, Y., & Middleton, J. (2009). Psychological morbidity and spinal cord injury: a systematic review. Spinal Cord, 47(2), 108-114. https://doi.org/10.1038/sc.2008.115
Dunn, J. A., Hay-Smith, E. J. C., Whitehead, L. C., & Keeling, S. (2016). Liminality and decision making for upper limb surgery in tetraplegia: a grounded theory. Disability and Rehabilitation, 38(18), 1785-1794. https://doi.org/10.3109/09638288.2015.1107638
French, D. D., Campbell, R. R., Sabharwal, S., Nelson, A. L., Palacios, P. A., & Gavin-Dreschnack, D. (2007). Health care costs for patients with chronic spinal cord injury in the Veterans Health Administration. The Journal of Spinal Cord Medicine, 30(5), 477-481. https://doi.org/10.1080/10790268.2007.11754581
National Spinal Cord Injury Statistical Center. (2021). Spinal Cord Injury Facts and Figures at a Glance. https://www.nscisc.uab.edu/
Sezer, N., Akkuş, S., & Uğurlu, F. G. (2015). Chronic complications of spinal cord injury. World Journal of Orthopedics, 6(1), 24-33. https://doi.org/10.5312/wjo.v6.i1.24