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Settling Your Spinal Cord Injury Claim With A Personal Injury Lawyer

Settling Your Spinal Cord Injury Claim With A Personal Injury Lawyer

If you have suffered from a spinal cord injury as a result of someone else's negligence

, you are likely considering a personal injury claim against the at- fault person or entity. For many people with serious spinal cord injuries resulting in paraplegia or quadriplegia, the future care expenses will be so high that there is no alternative but to seek compensation.

The high future expenses, combined with significant potential future wage loss and pain and suffering mean that there are often very large claims for spinal cord injured individuals. These cases require skilled representation by someone who has experience settling and / or trying injury cases.

When you are looking for a lawyer to handle your serious injury case, you will make a better decision if you are aware of the types claims a lawyer should be making on your behalf.

Here are some examples of the types of claims your spinal cord injury lawyer should be advancing for you.Settling Your Spinal Cord Injury Claim With A Personal Injury Lawyer


(1) Pain and Suffering. Most people come to a lawyer's office looking for compensation for pain and suffering. However, in some jurisdictions, there is a cap on this part of your damages. For example, in Ontario you cannot get damages of more than about $326,000 for pain and suffering (the number adjusts to the consumer price index). In places such as Ontario, pain and suffering will not be the largest component of your damages.

(2) Lost Past Wages. If developed properly, this can be a significant component of your claim. Often, past lost wages are not that complicated. What have you lost up to the date of settlement or trial because of your injuries, time in the hospital etc? Your lawyer also will want to include, where applicable, a calculation of the loss as it relates to your pension. Factors such as commissions and raises will also have to be considered. Most lawyers will use experts to perform some of these calculations.

(3) Lost Future Wages. In some cases, depending on your age, pre-accident history and your injuries, this can be the biggest part of your claim. Your lawyer will engage a number of experts to assist with the calculation of your lost future income stream. For a young person without work history, it can be a important part of the case to develop what the lost income stream would have been.

(4) Future Care Costs. Very seriously injured people will have extensive future care costs. These will be tabulated in a life care plan that is prepared by a health care professional like a nurse or occupational therapist who has obtained certification to prepare life care plans. This category can include costs for accessible accomodation and vehicles, attendant care and other similar expenses.

(5) Housekeeping and Handy Person Services. If you will not be able to perform the cleaning and maintenance of your home, you may be compensated for those services which you will now have to pay someone else to perform.

Although these are not exhaustive categories, these are the major items you should discuss with your lawyer when advancing your claim or deciding whether or not to accept a settlement.

by: Brenda Hollingsworth and Richard Auger
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