Determining exactly how much a spinal cord injury is worth in a lawsuit is a complex process because no two cases are exactly alike. Generally, the value of a lawsuit is calculated by combining current and future medical expenses, lost wages, and non-economic damages, like pain and suffering. While there is no online calculator that can give a guaranteed number, severe injuries resulting in permanent paralysis or the need for lifelong care often result in higher settlement amounts compared to temporary injuries.
When you or a family member suffers a significant back or neck injury, the focus immediately turns to physical recovery. However, the financial reality of these injuries sets in quickly. Learning about the factors that influence the final compensation amount can help injured individuals understand why legal claims are necessary to safeguard their financial future and when it may be time to consult a spinal cord injury lawyer.
Key Takeaways about the Value of a Spinal Cord Injury Lawsuit
- Settlement values for spinal cord injuries rely heavily on the severity of the injury and the long-term prognosis.
- Economic damages include quantifiable costs like medical bills, lost income, and necessary home modifications.
- Non-economic damages compensate for intangible losses, such as physical pain, mental anguish, and loss of enjoyment of life.
- Texas follows a modified comparative negligence rule, meaning compensation may be reduced if the injured party is found partially at fault.
- Future care costs are often projected by medical and financial professionals to support the claim for damages.
Understanding Spinal Cord Injury Classifications
To understand how compensation is calculated, one must first understand how the medical field classifies these injuries. The location and severity of the damage to the spinal cord dictate the level of disability, which directly correlates to the financial “worth” of a lawsuit.
Spinal cord injuries are generally grouped into two categories: complete and incomplete.
- Complete Injuries: This results in a total loss of sensation and muscle function below the level of the injury. This often leads to paraplegia (paralysis of the lower half of the body) or tetraplegia (paralysis of all four limbs).
- Incomplete Injuries: In these cases, the spinal cord is able to convey some messages to or from the brain. The individual retains some function or sensation below the injury site.
- Level of Injury: Injuries are also classified by where they occur on the spine—Cervical (neck), Thoracic (upper back), Lumbar (lower back), or Sacral (tailbone).
Generally, cervical injuries that result in tetraplegia (formerly called quadriplegia) result in the highest medical costs due to the need for 24-hour care and specialized equipment. Consequently, lawsuits involving these injuries often demand higher compensation to cover these lifetime needs.
Economic Damages: The Foundation of Your Claim
When determining the value of a spinal cord injury claim, the first numbers looked at are economic damages. These are the objective, verifiable financial losses caused by the accident. In Tarrant County and throughout Texas, the goal of economic damages is to put the injured person back in the financial position they would have been in had the accident never occurred.
These damages are not just about reimbursement; they are about providing for the future.
Common economic damages include:
- Emergency Medical Expenses: Ambulance fees, emergency room visits, and initial surgeries.
- Ongoing Treatment: Physical therapy, occupational therapy, and follow-up doctor visits.
- Lost Wages or Income: Income lost during the recovery period when the injured person could not go to work.
- Loss of Earning Capacity: If the injury prevents the person from returning to their old job or working at all in the future.
- Assistive Devices: Wheelchairs, walkers, hospital beds, and adapted vehicles.
Because spinal cord injuries often require lifetime care, economic damages make up a massive portion of the settlement. It is vital to account for every penny spent and every penny that will be spent in the future.
The High Cost of Lifetime Care
One of the biggest mistakes people make is settling a claim based only on the medical bills they have already received. For a spinal cord injury, the initial bills are often just the tip of the iceberg. According to the Christopher & Dana Reeve Foundation, the lifetime cost for a 25-year-old suffering a high tetraplegia injury can exceed $5 million.
This figure accounts for more than just doctor visits. It includes the cost of personal care attendants, who many people with severe spinal injuries require for daily tasks like dressing, bathing, and eating. It also includes home modifications. If you live in a two-story home in Arlington, you may need to install stairlifts, widen doorways, or build ramps to make the home accessible. In some cases, a family may need to move to an entirely new home that is wheelchair accessible.
A lawsuit must factor in inflation and the rising cost of healthcare. If a settlement is reached that does not account for 30 or 40 years of future care, the injured person may run out of funds later in life.
Non-Economic Damages: Putting a Price on Pain
While medical bills are easy to add up, putting a price on the human experience is much harder. Non-economic damages are designed to compensate the victim for the subjective, non-monetary losses they have suffered. In Texas, these damages are often the most contested part of a lawsuit because they are open to interpretation.
Examples of non-economic damages include:
- Physical Pain and Suffering: Compensation for the actual physical discomfort and agony caused by the injury and subsequent surgeries.
- Mental Anguish: Anxiety, depression, PTSD, and emotional distress resulting from the trauma and the life-altering nature of the disability.
- Physical Impairment: Compensation for the loss of the ability to use one’s body parts.
- Disfigurement: Damages for scarring or physical changes to appearance.
- Loss of Consortium: Damages awarded to a spouse for the loss of companionship and intimacy.
There is no fixed formula in the law for calculating these amounts. Instead, attorneys often look at how the injury has specifically impacted the individual’s life. For example, if a young father can no longer pick up his children or play sports he once loved, that loss of enjoyment has value.
This subjective nature is why it is important to document the daily struggles faced after an accident.
Texas Comparative Negligence Laws
A major factor that influences how much a spinal cord injury is worth in a lawsuit is the concept of liability—specifically, who is at fault. Texas operates under a legal doctrine known as “modified comparative negligence” (sometimes called proportionate responsibility).
Under this rule, you can still recover damages if you were partially at fault for the accident, as long as your percentage of responsibility is not greater than 50%. However, your total compensation will be reduced by your percentage of fault.
How This Works in Practice:
- Scenario: You are speeding slightly on I-30 when a truck runs a red light and hits you.
- Verdict: The jury determines the truck driver was 80% at fault and you were 20% at fault.
- Award: The jury awards $1,000,000 in total damages.
- Reduction: Because you were 20% at fault, your award is reduced by 20% ($200,000).
- Final Result: You are eligible to receive $800,000.
If a jury finds that you were 51% or more at fault for the accident, you are barred from recovering any damages from the other party. This makes the investigation phase critical. Insurance companies will often try to shift blame onto the injured person to reach that 51% threshold and avoid paying the claim.
Insurance Policy Limits
Another practical limit on how much a lawsuit is “worth” is the insurance policy of the at-fault party. A lawsuit can result in a multi-million-dollar verdict, but collecting that money is a different story if the defendant does not have the assets or insurance coverage to pay it.
In Texas, the minimum liability insurance for drivers is $30,000 per person for bodily injury. If you are hit by a regular passenger car with minimum coverage, and your medical bills are $500,000, the insurance company is only contractually obligated to pay the $30,000 limit.
However, accidents involving commercial vehicles, such as 18-wheelers or delivery vans, often involve much higher insurance policies. Commercial trucking companies usually carry policies worth $750,000 to several million dollars. This is why the type of vehicle involved in the crash significantly affects the potential recoverability of damages.
Additionally, injured parties may be able to look to their own insurance policies if they carry Underinsured Motorist (UIM) coverage. This coverage kicks in when the at-fault driver’s insurance is not enough to cover the damages.
The Role of Evidence in Maximizing Value
To secure the compensation a case truly deserves, the injured party must prove the extent of the damages and the liability of the defendant. This requires building a comprehensive file of evidence. This process starts after the immediate emergency has passed and the injured person is stable and managing their recovery at home.
Evidence used to substantiate a high-value spinal cord injury claim typically includes:
- Medical Records: Complete documentation of the injury, treatments, and prognosis.
- Life Care Plans: Reports created by medical experts outlining future needs and costs.
- Vocational Expert Reports: Analysis of how the injury affects the person’s ability to earn a living.
- Witness Statements: Accounts from people who saw the accident.
- Video Footage: Dashcam or surveillance video showing how the accident happened.
Collecting this evidence early is vital because memories fade, and physical evidence can disappear.
Why “Average Settlement” Numbers Are Misleading
You may see websites claiming the “average” settlement for a spinal cord injury is a specific number. These averages can be misleading. An “average” lumps together minor incomplete injuries with severe tetraplegia cases. It also mixes cases with clear liability against commercial trucks with cases involving underinsured drivers.
Every case has unique variables. For instance, a younger person with a spinal cord injury may receive a higher settlement than an older person with the same injury. This is not ageism; it is mathematics. A 20-year-old has a longer life expectancy, meaning they will require more years of medical care and will lose more years of potential income than a 60-year-old.
Managing Liens and Medical Bills
When asking about the worth of a lawsuit, it is also important to understand “subrogation” or liens. Often, health insurance companies, Medicare, or Medicaid will pay for the initial treatment of the injury. When the injured person receives a settlement or lawsuit verdict, these entities have a right to be paid back for what they spent.
This means the final number on a settlement check is not what the injured person puts in their pocket. A significant portion may go to paying back these liens and outstanding medical bills.
Why this matters:
- Negotiation: Skilled legal teams negotiate with lien holders to reduce the amount they will accept.
- Net Recovery: The goal is to maximize the “net recovery”—the amount the client keeps after all expenses are paid.
- Clarity: Understanding liens helps in setting realistic expectations for settlement offers.
Properly handling these financial obligations helps make sure the injured party is not left with surprise bills after the case concludes.
The Importance of Not Rushing
After a serious accident, financial pressure mounts quickly. Insurance adjusters know this and often offer a “quick settlement” shortly after the incident. They may offer a lump sum that looks large to someone worried about next month’s mortgage, but is actually a fraction of what the case is worth.
Accepting a settlement offer closes the case forever. If the injured person develops complications a year later—such as syringomyelia (cysts on the spinal cord) or severe pressure sores requiring surgery—they cannot go back and ask for more money.
Patience allows the medical team to understand the maximum medical improvement (MMI) of the patient. Only when doctors know how permanent the injury is can lawyers accurately value the case.
FAQs for How Much a Spinal Cord Injury is Worth in a Lawsuit
Here are answers to common questions regarding spinal injury claims and compensation factors.
No, a pre-existing condition does not disqualify you from receiving compensation. Texas follows the “eggshell skull” rule, which means the defendant must take the victim as they find them. However, you can only recover damages for the aggravation of the pre-existing condition, not the condition itself. Medical experts are often needed to differentiate between old injuries and new damage caused by the accident.
Rideshare accidents can be complex, but they often provide better insurance coverage than standard car accidents. If the rideshare driver was at fault and was carrying a passenger or on the way to pick one up, the company typically provides a $1 million liability policy. This higher limit is crucial for covering the high costs associated with spinal cord injuries.
Yes, if a spinal cord injury leads to death—either immediately or later due to complications—certain family members (spouse, children, and parents) can file a wrongful death lawsuit. This type of claim seeks compensation for lost earning capacity, lost companionship, and mental anguish experienced by the surviving family members.
Generally, the IRS does not tax settlement proceeds that are meant to compensate for physical sickness or physical injury. This means the money allocated for medical bills, pain and suffering, and lost wages arising from the physical injury is usually tax-free. However, any interest earned on the settlement or punitive damages (damages meant to punish the defendant) are typically taxable.
In Texas, the statute of limitations for personal injury cases is generally two years from the date of the accident. If you do not file a lawsuit within this timeframe, you will likely lose your right to seek compensation forever. There are very few exceptions to this rule, so acting promptly is essential to preserving your rights.
Get the Legal Support You Need in Arlington
When you are facing a life-changing spinal cord injury, you need an advocate who sees you as a person, not just a case number. At Branch & Dhillon, P.C., we understand that this is likely the most difficult time in your life. Our dedicated personal injury attorneys are passionate about fighting for the residents of Arlington and Tarrant County, ensuring that big insurance companies do not take advantage of your situation.
We operate on a contingency fee basis, which means you never pay us a penny out of pocket. We only get paid if we successfully recover compensation for you. You can focus on your physical recovery while we handle the legal battles, paperwork, and negotiations.
Contact Branch & Dhillon, P.C. today at (817) 533-3430 or through our online form for a free consultation to discuss your case and learn more about your legal options.