Car collisions are traumatic events. Even at low speeds, two cars will generate amazing force, which can twist and turn the human body beyond its natural limits. These accidents leave occupants with many serious, disabling injuries. But perhaps few injuries are as serious as spinal column injuries.
The spinal column is made up of 33 bones called vertebrae, which have a hole in the center. Running through the hole is the spinal cord, which connects to the base of the brain and transmits neurological signals up and down the body.
Below, we look at several of the worst spinal column injuries and discuss whether you can receive compensation. Call Larson & Gallivan Law to speak with a Glens Falls car accident attorney.
Vertebral Fracture
Like any other bone in the body, vertebrae can crack under stress. A broken bone leads to pain but also poses a danger to the spinal cord. A piece of bone could break off and nick or cut the spinal cord. Any bone fracture must be treated seriously.
Herniated Disc
The vertebrae would rub against each other whenever a person twisted or stretched their back. However, rubbery discs in between the bones provide cushion and prevent pain. A violent accident can tear or damage these discs. The soft inner filling might extrude out and press against nerves, leading to constant pain.
A herniated disc can sometimes be treated conservatively, with steroid injections and physical therapy, but some will require surgery.
Spondylosis
Tiny ridges of bone link the vertebrae together. If you crack one, then you can be diagnosed with spondylosis. You can experience radiating back pain, which might become disabling. Common treatment includes bracing and trying to reduce inflammation.
Spinal Stenosis
Car accidents can lead to a narrowing of the spinal column. Consequently, a person’s spinal cord can get pinched or rubbed, leading to intense pain and other problems. Spinal stenosis is typically degenerative—meaning, it will only get worse. Patients often need surgery.
Incomplete Spinal Cord Injury
An incomplete injury involves a partial tearing or nicking of the spinal cord. Any damage to the cord can show up as impaired movement or sensation, or both. If the cord is not completely cut in two, an accident victim should retain some movement.
Incomplete injuries vary in severity. Many accident victims will need surgery to stabilize the spine and keep the injury from worsening. Intense physical therapy can help a person try to regain movement in affected limbs. Although less serious than complete injuries, any spinal column damage can be disabling. You might have permanent impaired sensation or movement.
This is probably the worst injury a car accident victim can face. When the cord is completely cut in two, there is no way for neurological signals to bridge the gap. A victim will be paralyzed from the point of injury down.
Calculating the Full Value of Your Claim
Any experienced personal injury lawyer should know how to fully calculate the value of a client’s claim. For example, you can receive damages for:
- Past medical treatment
- Past lost income or wages
- Pain and suffering
- Property damage, like damage to your motor vehicle
But with many spinal column injuries, a client will have ongoing losses. For example, they might need continuing medical care, such as future surgeries or at-home help. According to one estimate, an incomplete spinal cord injury costs around $350,000 to treat in the first year. Every following year they will average about $42,000 in medical care.
A spinal cord injury might also limit a person’s earning capacity. For example, someone with a loss of sensation or inability to move their legs might need a new job, or the injury could keep them from working at all.
There is also future pain and suffering which a client endures. A settlement should include compensation for that future loss.
At Larson & Gallivan, we have ample experience with catastrophic injuries. We can work with experts to fully value your economic losses. We want to know what kinds of medical treatment you will have moving forward, as well as your functional capacity to return to work. Once we compile this information, we can more effectively negotiate on your behalf.
Hurdles to Receiving Fair Compensation
Some spinal column injuries (like a herniated disc) could heal in a few months. Others will lead to lifetime disabilities. It’s the second type of injury which is more legally complex.
For example, the defendant who injured you might not have enough car insurance to cover your future medical expenses. New York only requires that drivers carry a minimum of $25,000 in bodily injury liability coverage when one person is injured. Add this to your $50,000 in PIP benefits, and you might only get $75,000 when you have millions of dollars in medical needs. When faced with catastrophic injuries, many of our clients will struggle to receive full compensation because the defendant doesn’t have the resources.
We can help by:
- Finding additional defendants, who can contribute to your settlement. For example, the motorist who struck you could have been working at the time. We might sue their employer, who could have vicarious liability for the accident.
- Accessing other insurance policies. The driver might have an umbrella policy which could also contribute to a settlement.
- Suing an insurance company. If an insurer engages in bad faith negotiations, we might be able to sue them and increase the size of a settlement.
- Filing a personal injury lawsuit. A lawsuit is one way to reach assets owned by the defendant. This might be a necessary step to increase the pool of money available.
Call Our Firm Today
Spinal column injuries are devastating. In addition to pain and immobility, many victims struggle with gigantic medical bills, with no obvious way of paying for this care. Contact Larson & Gallivan Law today. One of our Glens Falls car accident attorneys can step in and analyze the evidence to determine whether you have a right to sue. If hired, we can start compiling evidence for your case.
