Top-Rated Oregon Spinal Cord Injury Lawyer
A spinal cord injury occurs when the spine and the nerve fibers within it sustain damage. These nerve bundles play a crucial role in transmitting signals between the brain and the body’s extremities, enabling movement and sensation. The severity and impact of the injury depend on its location along the spine. Injuries higher up the spine, closer to the brain, have a more significant effect and can lead to paralysis from the neck down. In contrast, injuries lower on the spine may only affect specific body parts, such as the legs. Spinal cord injuries are classified as “complete SCI” or “incomplete SCI,” indicating the total or partial loss of motor and sensory functions below the injury site. Approximately 50% of spinal cord injuries are classified as complete, resulting in a complete loss of motor control and sensation. In such cases, the spinal cord is seldom severed, but the loss of function or paralysis stems from contusions (bruising) or pressure on the spinal cord caused by physical trauma to the spine.
Causes of Spinal Cord Injuries
According to the CDC and recent studies, more than 1.2 million individuals are living with paralysis caused by spinal cord injuries, requiring continuous care for the rest of their lives. The majority of these catastrophic injuries stem from motor vehicle crashes, industrial accidents, and sports-related incidents. Common accidents leading to spinal cord injuries include:
- 28% from industrial accidents
- 24% from car accidents
- 16% from sports and recreational accidents
- 9% from falls
- 4% from personal assaults
- 19% from other causes
The spine is vulnerable to injury due to its complexity and susceptibility to severe impacts, such as head-on collisions or falls, as well as sudden movements, like side-impact car crashes. Spinal cord injuries can occur from the initial impact or subsequent movements within the vehicle. Treating these injuries and facilitating recovery can be financially burdensome and require comprehensive plans.
Secondary Medical Complications for Spinal Cord Injury Patients
Spinal cord injuries are often the result of traumatic accidents, and the affected individuals frequently experience additional trauma, such as chest, abdomen, and vital organ injuries. While medical care and rehabilitation have made progress, a definitive “cure” for SCI is still elusive. These injuries commonly give rise to complications such as pneumonia, pressure ulcers, and deep vein thrombosis, affecting two-thirds of patients with complete paralysis. Those with spinal cord injuries must be aware of potential secondary complications that may not be immediately apparent in the months following the accident.
Example of a Spinal Cord Injury Case
A client in his 50s sustained a severe spinal cord injury when medical providers failed to timely diagnose and treat a ruptured disc in his low back. As a result, he experienced incomplete paralysis from the waist down, impairment of his bowel, bladder and sexual function, leading to permanent disability. A legal claim was filed against the healthcare provider and its physicians. After a lengthy legal battle, the case was settled for an undisclosed amount, covering the client’s past and future medical expenses, ongoing medical requirements, and lost income.
Proving the defendants’ negligence and their direct role in causing the client’s injuries required extensive legal efforts in this case. The insurance company’s legal team sought to minimize potential damages by arguing the client’s actions at the time contributed to some degree of negligence. If proven, any awarded damages would have been reduced by the percentage attributed to the client actions. Additionally, the insurance company aimed to downplay projected future medical expenses and lost income. Eventually, recognizing the strength of the client’s case, the insurance company significantly increase their settlement offer, surpassing the initial amounts presented.
Spinal Cord Injury Compensation – Navigating the Legal Process
When it comes to seeking compensation for back or spinal cord injuries, the road ahead can be intricate and time-consuming. It is crucial to have a seasoned spinal cord injury attorney in Portland by your side, someone who can establish the facts and fight for your case. Living with a spinal cord injury brings about costs that are often difficult to define and frequently underestimated. The process goes beyond mere lawsuit filing and waiting for settlement offers. The insurance company representing the responsible party will employ aggressive legal representation to undermine the value of your injuries. They might claim that you share fault or question the severity of your condition. To navigate this complex terrain successfully, you need an experienced attorney who specializes in catastrophic injury cases involving spinal cord injuries. Your Portland attorney should invest ample time and resources, prepared to go to trial and secure a favorable outcome.
A skilled Portland spinal cord injury lawyer can help you determine potential future expenses, optimizing your personal injury claim by assessing various areas:
- Current and projected medical expenses
- Rehabilitation, including physical and occupational therapy
- Costs of medications, medical devices, and pain management
- Assessing impairments, scarring, or disfigurement
- Addressing psychological aspects, such as therapy for distress, anxiety, depression, or post-traumatic stress disorder
- Adapting living spaces to accommodate physical limitations, like wheelchair ramps and specialized beds, along with personal care assistance
- Factoring in personal care and assistance requirements
- Evaluating pain and suffering
- Assessing lost wages or income, as well as any impact on future earning capacity
The compensation you may be entitled to receive for your spinal injury is referred to as “damages.” These damages fall into two categories: economic and non-economic.
Economic damages encompass quantifiable expenses, such as medical costs, lost wages and income, and property damage.
Non-economic damages are less tangible and more subjective. They encompass compensation for physical pain and suffering, emotional distress, loss of dignity, interference with daily activities, and the loss of enjoyment in life. Given the severe impact of spinal cord injuries on an individual’s quality of life, calculating damages becomes a complex task that often involves a range of experts, including forensic accountants who can accurately project the lifelong costs and ensure fair compensation.
Do I need a spinal cord injury lawyer to represent me, or can I work with the insurance company directly?
Dealing with spinal cord injuries is a highly complex process. Due to the substantial financial stakes involved, with potential damages reaching millions of dollars, insurance companies prioritize vigorously representing the at-fault party. It is unlikely for any insurance company to issue a significant settlement without exhaustively exploring all available legal avenues. Defense strategies and tactics commonly employed include:
- Deliberate delays aimed at pressuring or exhausting the injured claimant while increasing the costs associated with pursuing a settlement. Read more about insurance company delay tactics.
- Shifting responsibility for the accident away from the defendant towards the injured claimant or another party, attempting to attribute “shared” responsibility and consequently reducing the award or settlement through comparative fault.
- Downplaying the severity or impact of the claimant’s injuries, disputing their debilitating nature or questioning the projected extent of future medical expenses and lost earnings.
- Exploiting simple mistakes that can undermine the value of your case. Read more about “8 Mistakes Insurance Companies Are Hoping You Make!”
Cases of this nature cannot typically be effectively resolved by directly dealing with the insurance adjuster. We strongly recommend consulting with an experienced Oregon Spinal Cord Injury Lawyer to evaluate the specific factors of your case, your circumstances, and the suitability of retaining legal representation. Remember, when dealing directly with an insurance company, you are up against a large corporate entity staffed with lawyers and specialists trained in techniques to minimize the value of your claim. They employ various tactics that can significantly reduce their settlement offers. Many examples exist where clients have seen their settlement offers increase tenfold or more when represented by a determined spinal cord injury lawyer. Don’t relinquish your only leverage in negotiating with an insurance company—your right to legal representation and due process. We offer a free initial consultation and personal injury case evaluation for all potential clients, providing an honest assessment of your case’s potential value and a winning strategy. If you have suffered a spinal cord injury at the hands of someone else, you may be entitled to compensation for your suffering.