Spinal cord injuries are among the most serious and life-altering injuries a person can sustain. The impact of a spinal cord injury (SCI) extends far beyond the initial trauma, often leading to long-term physical, emotional, and financial challenges.
In Minnesota, spinal cord injury cases require an in-depth understanding of personal injury law, medical considerations, and the long-term consequences for the victim and their family.
If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, working with a skilled spinal injury attorney is essential to navigating the legal process and securing the compensation you deserve.
Understanding Spinal Cord Injuries
A spinal cord injury occurs when there is damage to the spinal cord, either through trauma, disease, or other external forces. This injury can lead to partial or complete loss of motor function, sensation, or other bodily functions below the site of the injury. The severity of spinal cord injuries varies widely, ranging from mild nerve damage to complete paralysis (paraplegia or quadriplegia).
There are two main types of spinal cord injuries:
- Complete Injuries: In a complete spinal cord injury, there is a total loss of sensation and motor function below the level of the injury. This type of injury often results in permanent paralysis.
- Incomplete Injuries: In an incomplete spinal cord injury, there is some degree of sensory or motor function remaining below the level of the injury. The extent of recovery can vary depending on the specific circumstances and medical intervention.
Common causes of spinal cord injuries in Minnesota include motor vehicle accidents, falls, sports injuries, workplace accidents, and acts of violence. These incidents often involve negligence, which forms the basis for pursuing legal action to recover compensation for the injured party.
The Legal Complexities of Spinal Cord Injury Cases
Spinal cord injury cases are more complicated than standard personal injury claims due to the catastrophic nature of the injury and the long-term effects on the victim’s life. These cases require an attorney with experience in handling complex medical evidence, working with expert witnesses, and accurately calculating the full scope of damages to ensure that victims receive the compensation they need to cover their current and future needs.
Here are some of the key complexities involved in spinal cord injury cases.
Establishing Liability
One of the first steps in any spinal cord injury case is determining who is liable for the injury. In Minnesota, this typically involves proving that another party’s negligence caused or contributed to the accident. Common forms of negligence include reckless driving, unsafe property conditions, failure to follow workplace safety regulations, and defective products.
Establishing liability often requires an in-depth investigation of the circumstances surrounding the injury. Your attorney will gather evidence such as accident reports, witness statements, surveillance footage, and expert testimony to build a strong case. In some cases, more than one party may be liable for the injury, which can further complicate the legal process.
Medical Evidence and Expert Testimony
Spinal cord injuries involve complex medical issues, and proving the extent of the injury and its impact on the victim’s life requires substantial medical evidence. Your attorney will work closely with medical professionals, including neurosurgeons, spinal injury specialists, and rehabilitation experts, to assess the full extent of your injury.
In addition, expert testimony may be needed to explain the long-term consequences of the injury, including the victim’s need for ongoing medical care, physical therapy, assistive devices, and potential future surgeries. Expert testimony also helps establish the likelihood of recovery and the prognosis for the victim’s overall quality of life.
Calculating Compensation for Long-Term Needs
One of the most important aspects of a spinal cord injury case is ensuring that the victim receives adequate compensation to cover both immediate and long-term costs. Spinal cord injuries often result in significant financial burdens, including:
- Medical Expenses: This includes initial hospitalization, surgeries, rehabilitation, physical therapy, and ongoing medical treatments. Victims may also require assistive devices such as wheelchairs, home modifications, and adaptive equipment.
- Lost Wages and Earning Capacity: A spinal cord injury can severely impact a person’s ability to work. Compensation should include lost wages during recovery as well as any future loss of earning capacity if the victim is unable to return to their previous occupation.
- Pain and Suffering: Spinal cord injuries cause immense physical pain and emotional distress. Victims may suffer from depression, anxiety, and a reduced quality of life due to their permanent disability. Compensation for pain and suffering accounts for these non-economic damages.
- Life Care Costs: Many spinal cord injury victims require long-term care, such as in-home nursing, specialized rehabilitation, or ongoing physical therapy. The cost of this care must be factored into the compensation.
Negotiating with Insurance Companies
Insurance companies often try to minimize payouts, particularly in high-value cases like spinal cord injuries. Their initial settlement offers are often far lower than what the victim truly needs to cover medical expenses and long-term care.
An experienced Minnesota spinal injury lawyer knows how to negotiate with insurance companies and will fight for fair compensation that takes into account the full scope of the victim’s losses. If a fair settlement cannot be reached through negotiation, your attorney will be prepared to take the case to court and advocate for your rights in front of a judge or jury.
Minnesota Personal Injury Law: What You Need to Know
In Minnesota, you have a limited amount of time to file a personal injury claim. The statute of limitations for personal injury cases is generally two years from the date of the injury. Failing to file within this time frame may result in losing your right to compensation.
Minnesota follows a modified comparative fault rule, which means that if the victim is found partially at fault for the accident, their compensation may be reduced by their percentage of fault. However, if the victim is found to be more than 50% at fault, they cannot recover compensation.
In motor vehicle accident cases, Minnesota’s no-fault insurance laws may impact how medical expenses and lost wages are initially covered. However, in cases involving serious injuries such as spinal cord damage, victims may be able to pursue compensation beyond what is provided by no-fault insurance.
The Importance of Hiring a Minnesota Spinal Injury Lawyer
Given the complexities of spinal cord injury cases, working with a skilled personal injury attorney is essential to navigating the legal process and maximizing your compensation. A Minnesota spinal injury lawyer with experience in handling catastrophic injury cases will have the resources and knowledge needed to gather evidence, work with experts, and negotiate with insurance companies on your behalf.
Your attorney will take a personalized approach to your case, ensuring that every aspect of your injury and its impact on your life is accounted for in the compensation you seek. They will also provide valuable guidance and support throughout the process, allowing you to focus on your recovery.
Seeking Justice and Compensation for Spinal Cord Injuries
Spinal cord injuries are life-changing, both for the victim and their family. If you or a loved one has suffered a spinal cord injury in Minnesota, it’s crucial to seek legal help as soon as possible. The attorneys at Sieben Edmunds Miller are here to help you navigate the complexities of your case, secure the compensation you deserve, and hold the responsible party accountable.
Contact us today for a free consultation and take the first step toward justice and financial recovery.
