Attorney David J. King


Why litigation might be necessary after a spinal cord injury

On Behalf of | Jun 20, 2024 | Car Accidents

In the aftermath of a devastating car accident, many survivors choose to settle because doing so is usually quicker and less stressful than pursuing a lawsuit. A major incentive for this approach is that they can focus on their recovery and address immediate financial challenges. But while this approach might work for injuries that are anticipated to heal fairly quickly, the same approach might not be ideal for spinal cord injuries.

The path to recovery can be long because many survivors require long-term rehabilitation to cope with their new reality. While the promise of immediate financial relief can be tempting, it’s crucial to understand the potential consequences of doing so before accepting. In many cases, especially with severe spinal cord injuries, litigation may be the better option to help secure the compensation that a survivor truly needs and deserves.

The hidden costs of spinal cord injuries

The reality of spinal cord injuries that some accident survivors might not understand is that medical care isn’t as straightforward as getting a diagnosis and a prescription. Many spinal cord injuries require lifelong medical care, which can include:

  • Physical therapy
  • Medication
  • Assistive devices

The cost of long-term care can quickly drain financial resources, especially if a survivor accepts the initial offer from the insurance company. Furthermore, settlements hardly account for the significant home modifications a survivor might need, like wheelchair ramps and bathroom upgrades.

For most survivors, a quick settlement might seem sufficient initially when the medical bills start trickling in. However, many quickly realize that a settlement fails to consider the long-term financial impact of a spinal cord injury.

Loss of earning potential

A scary reality that comes with many spinal cord injuries is their potential to compromise a survivor’s earning potential. Depending on the acuteness of the injuries, a survivor might be rendered completely dependent on their loved ones for even the basic daily activities like getting out of bed or going up the stairs.

A quick settlement might neglect the significant loss of future income that a survivor might have to grapple with. On the other hand, litigation can allow survivors to recover compensation for this loss, helping to ensure some financial security moving forward.

In the aftermath of such trauma, it’s often hard for survivors to know how much financial compensation corresponds with the financial burden that follows a spinal cord injury. However, by exploring litigation with appropriate legal guidance, survivors can work toward securing maximum compensation.