Spinal cord injuries are life-altering events that often bring significant physical, emotional, and financial burdens. If your injury was caused by someone else’s negligence, you have the right to pursue compensation. A Spinal Cord Injury Lawyer in Phoenix AZ, can help you recover damages to alleviate the financial strain and secure justice for your suffering. This article explores the types of damages you may be entitled to and how a skilled attorney can assist.
Economic Damages
Economic damages aim to compensate for the tangible, measurable financial losses resulting from your spinal cord injury. These typically include:
1. Medical Expenses
The cost of medical care for spinal cord injuries is substantial. You can recover damages for:
- Emergency care and hospitalization.
- Surgeries and medical treatments.
- Rehabilitation and physical therapy.
- Medications and medical equipment, such as wheelchairs or braces.
- Future medical care if your injury requires ongoing treatment.
2. Lost Wages
Spinal cord injuries often prevent victims from working temporarily or permanently. Compensation for lost wages includes:
- Income lost during recovery.
- Reduced earning capacity if your injury limits your ability to work in the future.
3. Home Modifications and Care
Adjustments to your living space and personal care needs are common after a spinal cord injury. Recoverable costs include:
- Installing ramps, widened doorways, or accessible bathrooms.
- Hiring in-home caregivers or nurses.
4. Transportation Costs
If your injury limits mobility, you may need accessible transportation or modifications to your vehicle. These costs can be included in your claim.
Non-Economic Damages
Non-economic damages compensate for the intangible effects of a spinal cord injury. These damages are subjective but are just as important as economic ones. They include:
1. Pain and Suffering
Physical pain and emotional distress caused by your injury are compensable. This can include chronic pain, anxiety, depression, and reduced quality of life.
2. Loss of Enjoyment of Life
If your injury prevents you from participating in hobbies, activities, or experiences you once enjoyed, you can seek damages for this loss.
3. Loss of Consortium
Spouses and family members may be entitled to damages for the negative impact the injury has on their relationship with the victim.
Punitive Damages
In cases of gross negligence or intentional harm, you may also be awarded punitive damages. These are not meant to compensate for your losses but to punish the at-fault party and deter similar behavior in the future. An experienced attorney will evaluate whether punitive damages apply to your case.
How a Spinal Cord Injury Lawyer Can Maximize Your Compensation
Navigating the legal process after a spinal cord injury can be overwhelming. A knowledgeable spinal cord Personal Injury Lawyer in Phoenix, AZ, will:
- Assess Your Case: Determine the full extent of your damages, both economic and non-economic.
- Gather Evidence: Collect medical records, expert testimonies, and other documentation to strengthen your claim.
- Negotiate with Insurers: Insurance companies often attempt to minimize payouts. Your lawyer will advocate for a fair settlement.
- Litigate if Necessary: If a settlement cannot be reached, your lawyer will represent you in court to pursue the maximum compensation.
FAQs
1. How Long Do I Have to File a Claim?
In Arizona, the statute of limitations for personal injury cases is typically two years from the date of the injury. Consult a lawyer promptly to ensure your case is filed on time.
2. Can I Recover Damages If I Was Partially at Fault?
Yes. Arizona follows a comparative negligence rule, which allows you to recover damages even if you are partially at fault. However, your compensation will be reduced by your percentage of fault.
3. How Is Compensation Calculated?
Compensation depends on factors such as the severity of your injury, the impact on your quality of life, and the extent of your financial losses. Your lawyer will provide a detailed assessment.