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What Kind Of Compensation Can I Receive For A Spinal Cord Injury In Texas?

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How Much Will I Be Compensated For A Spinal Cord Injury?

The amount of compensation given to someone who has a spinal cord injury is mainly influenced by how severe the injury is and various other relevant factors. One of the most expensive initial costs is the hospitalization stay, and individuals usually require at least 30 days of hospitalization before they are discharged. After leaving the hospital, the costs of rehabilitation, long-term care, and other expenses accumulate rapidly. The NSCISC provides estimates of the different costs associated with varying levels of injury severity, such as High Tetraplegia, Low Tetraplegia, Paraplegia, and loss of motor function at any level. The organization predicts the costs for the first year and for the person’s lifetime based on these factors:

  1. High Tetraplegia has a first-year cost estimate of $1,163,425, with each following year costing $202,032. The estimated lifetime cost for this condition is $5,162,152.
  2. Low Tetraplegia has a first-year cost estimate of $840,676, with each following year costing $123,938. The estimated lifetime cost for this condition is $3,771,791.
  3. Paraplegia has a first-year cost estimate of $567,011, with each following year costing $75,112. The estimated lifetime cost for this condition is $2,524,270.

Individuals who experience a spinal cord injury that results in any level of motor function loss can expect to spend approximately $379,698 on healthcare and rehabilitation during the first year. After the initial healthcare costs, those with comparatively minor spinal injuries face an annual cost of around $46,000. People with spinal cord injuries have a 30% chance of needing to be re-hospitalized, with an average stay of 18 days. Hospitalizations are often due to secondary diseases that affect the urinary tract, skin, digestive, respiratory, and circulatory systems.

It is important for spinal cord injury victims to understand that these expenses do not generate any income. Many victims are unable to work, which makes it challenging to pay for necessary treatment, care, and rehabilitation services. Additionally, company coverage plans may expire, leaving victims with no means of paying for treatment.

When seeking compensation for a spinal cord injury, the financial burden should be a significant factor. Without the necessary resources to pay for the best possible treatment, the extent of recovery and quality of life may be severely impacted.

How Does A Spinal Injury Compensation Payout Work?

Securing compensation for spinal cord injuries can be a difficult and complex legal battle. Negligent parties and insurance companies often attempt to minimize their losses by avoiding responsibility. In Texas, a comparative negligence procedure allows careless parties to claim that the victim was at fault. Opposing lawyers and insurance corporations may use this procedure to avoid paying the full amount of compensation that spinal injury victims deserve. That is why an experienced personal injury lawyer with knowledge of spinal cord injury lawsuits will build a compelling case that includes the following economic losses:

  1. The total cost of current medical expenses
  2. The anticipated cost of future medical expenses, accounting for inflation
  3. The cost of rehabilitation, physical therapy, and occupational therapy
  4. The cost of modifications to the home or residence to accommodate the victim’s disabilities
  5. The cost of psychological therapy to address trauma and cognitive disorders
  6. The anticipated cost of prescription drugs and medical devices
  7. The value associated with impairment and disfigurement
  8. Lost wages and earning capacity.

Even though the responsible parties may attempt to reduce the settlement or jury award by claiming that the victim was at fault, an experienced personal injury lawyer knows how to fight back. In addition, non-economic damages can also improve spinal injury compensation.

The Time to Act is Now 

 

Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 308-3998

What Compensation Can I Claim For A Spinal Cord Injury?

In a personal injury claim, monetary damages aim to compensate for the economic, physical, and psychological losses caused by someone else’s negligence. The settlement amount is intended to restore the quality of life that the victim enjoyed before the injury. However, in the case of spinal cord injuries, returning to the pre-injury condition is not possible. Therefore, claims for catastrophic injuries such as neck, back, and spinal cord trauma often involve higher damages. This compensation is typically divided into two categories: economic and non-economic damages.

  • General Damages

To determine the compensation for a spinal cord injury, the severity of the injury is a significant factor. Typically, severe spinal cord injuries can result in damage awards ranging from $240,000 to $320,000, while mildly severe injuries may receive compensation ranging from $160,000 to $240,000. In contrast, mild to moderate spinal cord injuries may result in damage awards ranging from $30,000 to $160,000. In Texas, medical malpractice cases have limits on non-economic damage awards, which cover pain and suffering, set at a maximum of $250,000. Meanwhile, the limit for economic damages, which include all financial losses, is $350,000 per plaintiff, or $500,000 for multiple plaintiffs. General damages refer to a broad category of compensation given for losses that are difficult to quantify financially.

  • Special Damages

Special damages refer to the specific financial losses that can be traced and attributed to your injury. Examples of economic losses that fall under special damages include medical bills, property damage, and loss of income. These losses can be calculated and compensated for in a personal injury claim.

In Texas, the limit for economic damages in medical malpractice cases is $350,000 per plaintiff, and if there is more than one plaintiff, then the limit for economic damages is $500,000.

  • Punitive Damages

In Texas, punitive damages are awarded in addition to compensatory damages and are designed to punish the defendant for their gross negligence, intentional harm, or fraud. In most medical malpractice cases, the amount of punitive damages is limited to two times the amount of economic damages, which includes things like medical expenses and lost wages, plus an additional amount that cannot exceed $750,000 or $200,000, whichever is greater. However, there are some exceptions to this limit in cases where the defendant’s conduct was particularly egregious, such as intentionally harming the plaintiff or engaging in fraudulent behavior. In such cases, the court may award punitive damages in excess of the statutory limit to deter similar conduct in the future.

How Does The Severity Of A Spinal Cord Injury Affect Your Settlement?

The amount of compensation you receive for your spinal cord injury depends on the extent of the injury and how it affects your quality of life. Economic damages are calculated based on your past and future medical expenses, as some injuries require more treatment and care than others. Therefore, the total amount of medical expenses and other economic damages will be higher for some injuries.

Non-economic damages, on the other hand, are not as straightforward. These damages are subjective and can include compensation for pain and suffering, permanent disability, and loss of consortium with a spouse or partner, among other things. The settlement amount should take these factors into account when determining the overall compensation for a spinal cord injury.

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What Is The Average Value Of A Spinal Cord Injury?

To determine the average value of a spinal cord injury settlement in Texas is challenging since each case is unique, and there are several factors that can influence the settlement’s worth. These factors include the severity of the injury, how much it affects the victim’s quality of life, the expenses associated with medical treatment, and the degree of fault of the negligent party.

A report by the National Spinal Cord Injury Statistical Center (NSCISC) suggests that the lifetime cost of a spinal cord injury can range from hundreds of thousands to millions of dollars, depending on the injury’s severity. In Texas, the maximum limit for non-economic damages such as pain and suffering is $250,000 in most medical malpractice cases, but there are exceptions for cases involving intentional harm, fraud, or gross negligence.

In conclusion, determining the value of a spinal cord injury settlement in Texas can vary depending on the specifics of each case. It is crucial to seek assistance from a personal injury lawyer who has experience with similar cases and can assess the details of the case to determine the appropriate compensation.

Get Legal Help

Spinal Injury Lawyers of Texas is committed to helping those who have suffered from spinal cord injuries get the compensation they need to cover the extensive costs of their injury. We understand that a spinal cord injury can be a traumatic event that affects not only the victim but also their loved ones. Our experienced and compassionate team of lawyers is dedicated to providing personalized support to each client. We listen to our clients’ stories and understand the unique challenges they face in their daily lives. We work diligently to gather evidence and build a strong case that proves the negligence of the responsible party and secures the compensation our clients deserve.

Our clients’ compensation may include economic damages, such as medical expenses and lost wages, as well as non-economic damages, such as pain and suffering and loss of quality of life. At Spinal Injury Lawyers of Texas, we recognize that each case is unique, and we take a personalized approach to each one. Our goal is to not only obtain the best possible outcome for our clients but also to ensure that they feel heard, supported, and valued throughout the legal process. We aim to help our clients move forward with their lives and regain a sense of normalcy after such a devastating spinal cord injury.

Concentrate on your recovery and let us handle the legal side of things. You may schedule a free consultation and case evaluation by calling Spinal Injury Texas at (888) 309-3998 or completing an online contact form. No fees unless we recover compensation for you.  

The Time to Act is Now 

 

Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 308-3998

Attorney Advertising. Prior results do not guarantee a similar outcome. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or communications. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established, which will be via a signed, written, retainer agreement. This website contains articles and commentary regarding certain jury verdicts. However, a jury verdict often does not reflect the actual amount that a plaintiff receives. Judges often reduce jury awards. Sometimes Judges add attorneys’ fees and other damages to awards. As a result, final awards or settlements, are often for different amounts than the amount awarded by the jury. Many of the jury awards discussed on the website, ended up being dramatically reduced. The depictions on the website that portray lawyers/clients are models and are not the actual lawyers/clients of the firm. The scenes depicted on this website are fictionalized.