A spinal cord injury (SCI) is one of the most devastating and life-altering injuries a person can suffer. The physical, emotional, and financial consequences can be overwhelming for both the victim and their family. If you or a loved one has suffered a spinal cord injury due to someone else’s negligence, you are likely facing a lifetime of medical bills, lost income, and other expenses. One of the most pressing questions you may have is, “What is the average settlement for a spinal cord injury in Georgia?”
While there is no simple answer to this question, as every case is unique, it is important to understand that spinal cord injury settlements are often among the highest in personal injury law. This is because the damages are so extensive and long-lasting. The experienced Georgia catastrophic injury lawyers at Chance, Forlines, Carter & King have a deep understanding of the true costs of a spinal cord injury and a proven track record of securing substantial settlements for our clients. This blog post will explore the factors that influence the value of a spinal cord injury settlement in Georgia.
Factors That Determine the Value of a Spinal Cord Injury Settlement
The value of a spinal cord injury settlement is determined by a wide range of factors, all of which are aimed at compensating the victim for their past, present, and future losses. An experienced attorney will work with a team of medical and financial experts to build a comprehensive picture of these damages. Key factors include:
•The Severity of the Injury: Spinal cord injuries are classified as either “complete” or “incomplete.” A complete SCI results in a total loss of function below the level of the injury, while an incomplete SCI results in a partial loss of function. The more severe the injury and the higher up on the spinal cord it occurs, the greater the impact on the victim’s life and the higher the potential settlement value.
•The Cost of Medical Care: The medical costs associated with a spinal cord injury are astronomical. This includes the initial hospitalization and surgery, as well as a lifetime of ongoing medical care, such as doctor’s visits, prescription medications, physical and occupational therapy, and potential future surgeries.
•The Need for Long-Term Care and Assistance: Many spinal cord injury victims require 24/7 care, either from a family member or a professional caregiver. The cost of this long-term care is a major component of the settlement.
•Loss of Earning Capacity: A spinal cord injury can permanently prevent a person from returning to work. The settlement must account for the victim’s lost wages, benefits, and future earning potential.
•Pain and Suffering: This non-economic damage compensates the victim for the physical pain, emotional distress, and loss of enjoyment of life that they have suffered and will continue to suffer.
•Home and Vehicle Modifications: A person with a spinal cord injury will likely need significant modifications to their home and vehicle to accommodate their disability. This can include ramps, lifts, wider doorways, and specially equipped vans.
The Crucial Role of a Life Care Plan
Given the lifelong nature of a spinal cord injury, a life care plan is an essential tool for accurately calculating the future damages in a lawsuit. A life care plan is a detailed and comprehensive document prepared by a certified life care planner, who is typically a registered nurse or other medical professional with specialized training. The life care plan will outline all of the victim’s anticipated medical and non-medical needs for the rest of their life.
This can include:
•Projected medical treatments and therapies
•The cost of medications and medical supplies
•The need for assistive devices and technology
•The cost of in-home care or a residential facility
•The cost of home and vehicle modifications
•Vocational rehabilitation and counseling
A well-researched and detailed life care plan is one of the most powerful pieces of evidence in a high-value spinal cord injury case. It provides the insurance company or jury with a clear and credible roadmap of the victim’s future needs and the associated costs, leaving no doubt as to the true value of the claim.
Why You Need an Experienced Georgia Spinal Cord Injury Attorney
Spinal cord injury cases are among the most complex and high-stakes personal injury claims. Insurance companies will often go to great lengths to minimize their payouts, and they have teams of lawyers dedicated to devaluing your claim. To level the playing field, you need an experienced and aggressive Georgia spinal cord injury lawyer on your side.
A skilled attorney will:
•Conduct a thorough investigation to determine the cause of the injury and identify all liable parties.
•Gather and preserve all necessary evidence, including medical records, accident reports, and witness statements.
•Work with a team of top medical and financial experts to build a compelling case and accurately calculate your damages.
•Handle all communications and negotiations with the insurance company.
•Be prepared to take your case to trial if the insurance company is unwilling to offer a fair settlement.
Choosing the right attorney can make a significant difference in the outcome of your case and your ability to secure the financial resources you need for a lifetime of care.
Frequently Asked Questions About Spinal Cord Injury Settlements
Q: How long will it take to get a settlement?
A: The timeline for a spinal cord injury case can vary significantly. While some cases can be settled relatively quickly, more complex cases can take a year or more to resolve, especially if a trial is necessary. An experienced attorney can give you a more accurate timeline based on the specifics of your case.
Q: What if I was partially at fault for the accident?
A: Georgia follows a modified comparative negligence rule, which means you can still recover damages as long as you were less than 50% at fault for the accident. However, your settlement will be reduced by your percentage of fault.
Q: Do I have to pay taxes on my settlement?
A: In most cases, compensation for personal physical injuries is not considered taxable income. However, some portions of a settlement, such as punitive damages, may be taxable. It is important to consult with a financial advisor to understand the tax implications of your settlement.
Secure Your Future with an Experienced Georgia Spinal Cord Injury Lawyer
A spinal cord injury can change your life in an instant, but it does not have to define your future. A fair and comprehensive settlement can provide you with the financial resources you need to live a full and independent life. The compassionate and skilled catastrophic injury attorneys at Chance, Forlines, Carter & King have a proven track record of securing multi-million dollar settlements for spinal cord injury victims in Georgia. We are ready to put our experience and resources to work for you. Contact us today for a free, no-obligation consultation to discuss your case and learn more about your legal options. Call us at 404-760-7400 or fill out our online contact form to get started.