There is no such thing as average compensation for a spinal cord injury from a car accident in California because a settlement depends on the nature and severity of the damages caused by the crash. Aside from the spinal cord injury, you may also consider non-monetary losses to maximize your compensation.
Here at Jacoby & Meyers, we have won big settlements from spinal cord injury car accidents worth $1,150,000 to $17,500,000.
Read on to learn about spinal cord injuries from auto collisions in California and determine how to receive the maximum payout for the damages.
What Is a Paraplegia Injury?
Paraplegia is a complete spinal cord injury where the lumbar spinal cord (L1-L5) is damaged, causing paralysis in the trunk, legs, and pelvic organs. Generally, paraplegia can affect your lower body functions and cause the following:
- inability to move the hips and legs,
- minimal to no conscious control over the bowel or bladder, although manageable with the aid of specific equipment, and
- dependent on a wheelchair or braces.
If you experience any of the following symptoms of paraplegia after being in a car accident, consult your doctor immediately:
- pressure in the neck, head, or back, or severe back discomfort,
- paralysis, instability, or weakness in any bodily area,
- tingling or loss of sensation in the hands, fingers, feet, or toes,
- lack of bowel or bladder control,
- difficulty walking and balancing,
- breathing problems following an injury, and
- abnormally twisted or positioned neck or back.
Is Paraplegia Injury injury permanent?
Since paraplegia is a complete spinal cord injury, it can permanently affect the damaged area of your spinal cord. Although there is no cure for paraplegia in any of its forms, there are steps you can take to speed up your recovery and perhaps even regain some leg functions.
These steps include the following:
- seeking immediate medical attention,
- exploring paraplegia treatment options,
- joining support groups for paraplegia, paralysis, and SCI,
- adhering to medical adjustments for mobility limitations, and
- subscribing to psychological therapies and other rehabilitation.
Can a Car Accident Cause Paraplegia Injury?
Yes, you may suffer paraplegia or a spinal cord injury from a car accident. According to the National Spinal Cord Injury Statistical Center (NSCSC), auto collisions are among the most common causes of spinal cord injuries.
While not all auto accidents result in paraplegia or spinal cord injuries, high-speed car collisions, rollovers, or crashes with significant impact are more likely to cause severe trauma to the spinal cord, increasing the risk of paralysis or other debilitating injuries.
How Do I Prove a Paraplegia Injury from a Car Accident in California?
If you are involved in a car accident in California that results in paraplegia, you may claim compensation for the damage and expenses. However, it is essential to note that you must prove that your spinal cord injury resulted from the crash.
The following evidence will help you establish the cause of your paraplegia:
Medical Records
Your doctor’s diagnosis is one of the most crucial pieces of evidence to prove your spinal cord injury from a car accident. Paraplegia is typically diagnosed through the following medical tests and examinations:
- X-rays,
- MRIs,
- CT scans, and
- Electromyography.
Aside from these medical imaging tests, you may also take note of your medical bills and documents from the following:
- doctor’s prescription,
- treatments and rehabilitations,
- therapies,
- medical equipment to aid the body’s functional limitations,
- hospital visits,
- medical aid or personnel if necessary.
Apart from proving the cause of your paraplegia, these documents will also be useful when calculating your overall compensation. This is why you must keep them.
Photos of the Accident
Taking photographs of the accident scene will help your California personal injury lawyer understand the cause of the crash. This can assist in establishing the severity of the impact that resulted in your spinal cord injury from a car accident.
If you can, these steps will help you gather accident photos efficiently to support your claim:
- Ensure to take pictures promptly after the accident.
- Obtain accident scene photos from various angles.
- Thoroughly document every detail.
- Capture pictures both with and without a flash.
- Photograph the surrounding area.
- Capture images of your injuries.
- Take photos of everyone’s documents.
If you can’t collect accident photos during the crash, you may still gather evidence by hiring a personal injury lawyer. They have the resources to investigate your accident and retrieve proof to support your claim.
Witness Testimony
Having accurate witness testimony can heavily affect your case. When there are multiple eyewitnesses to your car accident, it will be easier to prove why and how it happened.
Generally, witnesses must be deemed competent by the judge to make their testimonies reliable and acceptable. In personal injury trials, the court follows strict and definite guidelines when taking witness testimony.
In a car accident, you may document testimonies from eyewitnesses around you. However, some insurance companies discredit these statements and argue that they may be biased since you took their testimony. So, it is best to gather their contact details and have them interviewed by your personal injury lawyer.
Police Report
One of the most common pieces of evidence the at-fault party’s insurance provider will look for is a police report. A responding police officer will create a police report after investigating a car accident.
Police reports typically have crucial details that may help prove your case, such as:
- names and contact information of the drivers involved,
- road and weather conditions at the time of the crash,
- witness testimonies,
- Skid marks, road debris, and other evidence at the scene,
- description of the accident, and
- the police officer’s opinion of how the accident happened and what caused it.
You may request a police report by doing the following:
- Send a written request for the report to the Records & Identification Division of the California Highway Patrol or the responding law enforcement agency.
- Pay a small fee of $10 to $20.
- Provide the necessary information to identify your case:
- the accident’s time, place, and details,
- the names of any parties involved,
- a waiver to release information to your attorney
- the car accident report number, and
- at least one of the vehicle’s license plate numbers.
If you struggle to collect evidence due to your injuries, a personal injury lawyer can examine your accident and gather evidence to prove the other driver’s liability. This way, you will have better chances of receiving restitution while recovering from your spinal cord injury.
What Damages Can I Include in My Spinal Cord Car Accident Settlement?
Living with paraplegia may be catastrophic and life-altering. There are specific bodily functions and activities you may not be able to do the same way you did before the accident. When this happens, you may experience emotional distress and psychological trauma that may magnify the severity of your crash.
In such cases, you may include this damage to maximize your payout. Generally, a spinal cord car accident settlement depends on the following damages:
| Economic Damages (financial losses) | Non-economic Damages (non-monetary losses) |
|
|
Quantifying non-monetary losses from a car accident can pose significant challenges. Non-economic damages, such as pain and suffering, are subjective and not easily measured in monetary terms.
However, California personal injury lawyers have extensive expertise in car accident claims and can navigate this complexity. Attorneys can help you obtain a fair assessment of the damages, including non-monetary losses, and calculate the total settlement you deserve.
What Happens if a Victim Dies Due to a Paraplegia Injury from a Car Accident in California?
Individuals with a spinal cord injury are two to five times more likely to die earlier than those without such bodily damage. If your loved one loses their life due to paraplegia or a spinal cord injury from a car accident in California, you may file a wrongful death claim to receive restitution for their death and other damages from the crash.
However, take note that you may only file a claim if there are particular individuals qualified to file a wrongful death claim, including the following:
- the surviving spouse,
- the deceased’s children,
- if there is no spouse or child, the victim’s parents,
- if there is no spouse, child, parent, the victim’s siblings, or
- if there are no surviving immediate family members, anyone is entitled to the victim’s inheritance by intestate succession.
A personal injury lawyer can help prove the cause of your loved one’s fatality and compute the maximum compensation by including special damages, such as burial and funeral expenses.
Who Can Help Me Win My Spinal Cord Car Accident Claim?
When filing a car accident claim for spinal cord injury and other damages, you may face several challenges that may hinder you from receiving maximum compensation.
Let’s say you are suffering from paraplegia due to an accident; you then need a significant amount of money to cover treatments, rehabilitation, and other health expenses. In most cases, insurance companies only offer compensation to cover the existing costs of your injuries without acknowledging other special damages, such as pain and suffering.
A California personal injury lawyer can help prove your claim and determine a fair settlement covering all the damages caused by the accident. This way, you can focus on your recovery while your attorney defends a maximum payout.
Additionally, accident attorneys do the following to win your case:
- Collect sufficient proof.
- Establish liability.
- Determine the total amount of damage.
- Follow all legal deadlines.
- If necessary, proceed to trial.
Our top priority at Jacoby & Meyers is to cater to our clients’ needs by delivering effective legal services and achieving favorable outcomes in personal injury cases. Our experienced and dedicated attorneys are well-equipped to guide you through every crucial stage of your claim. Contact us at 800-500-0000 for a free consultation.
Jacoby and Meyers. Because You Deserve Justice.