Understanding Spinal Cord Injury Claims and Settlements in Tennessee

Spinal cord injuries are among the most devastating traumas a person can experience. They can cause chronic pain, loss of mobility, and even complete paralysis. If you have sustained a spinal cord injury that was caused by someone else, you need to understand how claims and settlements for the injuries proceed. You can recover financial compensation for your injury-related losses through an injury claim or lawsuit. Gatti, Keltner, Bienvenu & Montesi, PLC has extensive experience working with these types of injury claims and can answer any questions you may have.

Causes of Spinal Cord Injuries

Spinal cord injuries have several causes. Some of the most common include:

• Auto accidents. According to the Mayo Clinic, auto accidents cause almost half of all spinal cord injuries. Even minor rear-end collisions can cause injury because the forces are directed right at the spinal column.
• Falling accidents. Falling accidents are another major cause of spinal cord injuries. Seniors are particularly at risk of spine damage from falling, as are workers whose jobs require them to carry out their duties in elevated spaces.
• Work injuries. Many spine injuries happen at work, especially in dangerous, heavy industries like construction or manufacturing.
• Intentional violence. Some spinal cord injuries are a result of intentional violence, like physical assault or gunshot wounds.
• Medical malpractice. Errors by doctors or other healthcare professionals can damage the spine, and negligent hospital care can cause infections that attack spinal cord tissue. 

Types of Spinal Cord Injuries that Qualify for Claims

Medical professionals typically divide spinal cord injuries into two main types, based on severity and degree of lost functionality: incomplete and complete.

• Complete spinal cord injuries involve the complete loss of sensation and mobility below the injury site.
• Incomplete spinal cord injuries retain partial sensation and functionality below the injury site.

You can also classify spinal cord injuries according to their location on the spine.

• Cervical injuries affect the upper neck and shoulders and can cause complete bodily paralysis or loss of function.
• Thoracic injuries concern the middle of the spine and are associated with reduced or lost function from the arms down.
• Lumbar injuries occur in the lower back and can affect the lower body, including the legs and pelvis. 

After suffering a spinal cord injury, it is imperative that you receive a formal diagnosis from a doctor. A diagnosis and determination of the cause of your injury are crucial for proving your claim. An accurate diagnosis and complete medical records can provide a clear account of the extent of your injuries and the accompanying physical limitations.

What Compensation Can You Claim?

When you’ve been injured by someone else’s wrongdoing or negligence, you can file a personal injury claim or lawsuit to recover compensation for your injury-related losses. Depending on the circumstances of your injury, you can seek compensation for your:

• Medical costs, including emergency medical bills and continuing medical expenses
• Lost income from missing work, including regular pay, bonuses, commissions, etc.
• Differences between pre- and post-injury projected lifetime earnings
• Out-of-pocket injury expenses, like additional childcare or alternate transportation
• Physical pain and suffering
• Scarring and disfigurement
• Property damage

Normally, Tennessee caps noneconomic (pain and suffering) compensation at $750,000. However, T.C.A. 29-39-102(c) raises this cap to $1 million in cases with spinal cord injuries that cause paraplegia or quadriplegia. Also, the cap is removed if your spinal cord injury was the result of intentional violence or a crime resulting in a felony conviction.

How to Prove a Spinal Cord Injury Claim

To pursue a spinal cord injury claim, you must show that the offending party was acting negligently or committing wrongdoing when they caused the injury. An individual is negligent insofar as they have a duty of care to others and violate that duty of care. For instance, drivers have a duty to handle their vehicles in a responsible manner to prevent harming themselves and others. A driver who runs a stop sign while texting breaches that duty. They are negligent and could be liable for injuries if they cause an accident.

Spinal cord claims, in particular, can be difficult to pursue because it is hard to account for the associated long-term losses. Spinal cord injuries can affect virtually every aspect of your physical, mental, professional, and social life. It is one thing to account for explicit costs like medical bills and lost work income. It is much harder to calculate the value of your diminished earning capacity or psychological pain and suffering.

An attorney can use several types of evidence to support your claim, including:

• Photos and video recordings of the accident
• Medical records showing the extent of your injuries and the cost of medical bills
• Expert medical testimony concerning the impairments and discomfort associated with your spinal cord injuries
• Psychiatric records or counselor notes demonstrating your mental suffering
• Personal testimony about your pain and limitations

To maximize your chances of recovery, it’s important you work closely with an accomplished attorney. They will know how to present and contextualize evidence, building a persuasive narrative that proves your case.

How Long Do I Have to File a Spinal Cord Lawsuit?

T.C.A. 28-3-104 sets a one-year time limit on filing a personal injury lawsuit against the person who harmed you. Generally, this time limit starts on the injury date. However, spinal cord injuries may not immediately produce noticeable symptoms. In these cases, the time limit starts when you discovered the injury or could have reasonably discovered it.

Contact Gatti, Keltner, Bienvenu & Montesi, PLC Today to Speak to a Spinal Cord Injury Attorney in Tennessee

Spinal cord injuries can completely change someone’s life, and the pressure of managing recovery and impairments is enormous. Accident victims deserve an attorney who will fight for their interests and pursue a just and fair settlement. Gatti, Keltner, Bienvenu & Montesi, PLC has helped thousands of injury victims in Tennessee secure justice and financial restitution. We are not afraid to stand up to big insurance companies and will not stop until we have exhausted every available legal strategy.

Feel free to contact us online or call (901) 526-2126 to speak to a spinal cord injury attorney in Tennessee. We offer free consultations, so there is no risk in getting in touch.