According to the American Association of Neurological Surgeons (AANS), about 17,000 people sustain spinal cord injuries (SCIs) each year in the United States. Most injuries cut communication between the brain and the body below the injury site due to vertebral column trauma. People can sustain these injuries in vehicle accidents, falls, and construction accidents.
If you or a loved one suffered a spinal cord injury in an accident, you might qualify to file for compensation in the New York civil court system. Our legal team at Morelli Law Firm can determine liability for your accident and damages, then assign a New York personal injury lawyer to represent your case. We offer a free case review to start.
SCI Victims Can Demand Compensation for the Damages They’ve Endured
People who sustain spinal cord injuries might face new obstacles in their life because of their injuries – from figuring out how to pay for steep medical bills to making home modifications to accommodate their disability if they become paralyzed. At Morelli Law Firm, we listen to your side of events and go over the losses you’ve endured so that we can pursue compensation that reflects your situation.
Losses are referred to as “damages” in legal terms and can be divided into economic or noneconomic losses. These categories separate your financial damages from your emotional damages, which we use court-approved formulas to calculate their estimated value. We want to be as accurate as possible when calculating your damages since you will be unable to pursue additional compensation once your case concludes, even if you suffer more damages.
Types of Compensable Damages
For an SCI case, you could recover compensation for:
- Medical treatment: These damages include the costs for surgeries, doctor’s appointments, imaging exams (e.g., x-rays and CT scans), physical therapy, prescription medicines, and any other medical care you receive.
- Income loss: If your SCI prevents you from working or returning to your regular position, we can calculate your past and future income loss based on your average weekly earnings and previous year’s tax information. We can also estimate how much the injury reduced your earning capacity if you can still work in some way.
- Pain and suffering: Pain and suffering is an umbrella term that applies to all forms of physical and emotional pain. If you became depressed or anxious because of your injury or developed post-traumatic stress disorder (PTSD), we consider this emotional distress. We will also factor in your chronic pain or nerve damage caused by the SCI.
- Property damage: If applicable, we can calculate the costs to repair your property damaged in the accident. For example, if you were in a car accident, we can use body shop invoices to estimate repair costs. Alternatively, if the insurance company totaled your vehicle, we would appraise it to determine its cash value.
- Permanent disability or disfigurement: Many SCIs result in permanent nerve damage in the spinal cord, which can cause paraplegia (paralysis below the waist) or tetraplegia (paralysis below the neck). We will consider how having a permanent disability affects your life, whether you had to hire a 24-hour caretaker or lost relationships and physical abilities important to your life.
You may also be entitled to other damages not listed in this article.
Have You Been Injured In An Accident? Contact Morelli Law877-751-9800
Our New York Spinal Cord Injury Attorneys Can Manage Your Case for You
After speaking with one of our team members in a free consultation, we can assign one of our personal injury lawyers in New York to your case. Our lawyers know what steps to take to build each client’s case, so they may perform the following services:
- Investigating your accident to identify who may be held accountable for your injury and subsequent damages
- Calculating the value of your claim and sending this estimate in a demand letter to each liable party involved in your case
- Collecting evidence to establish how the accident occurred, who caused it, and how the incident correlates with your injuries and damages
- Filling out legal paperwork to submit your case to the New York civil court system
- Reviewing insurance policy information of all involved parties
- Handling communications with insurance adjusters, attorneys, detectives, and court officials on your behalf
- Petitioning for compensation through an insurance claim or lawsuit on your behalf
If you decide to move forward with a lawsuit in New York, our lawyers are prepared to represent you in trial and provide legal counsel when necessary.
New York Personal Injury Lawsuits Have a Deadline Established by State Law
In New York, the statute of limitations sets a legal timeframe for how long plaintiffs have to file their spinal cord injury lawsuits. Depending on whether you are the injured party or a representative of the deceased injured party, your filing deadline is:
- Personal injury cases: You generally have three years from the date of the accident, per CPLR § 214.
- Wrongful death cases: You generally have two years from the date of the victim’s death, per EPTL § 5-4.1.
Certain circumstances may shorten or lengthen the statutory deadline, so you may consult your lawyer to determine your case’s specific filing deadline. However, you should act as soon as possible to avoid missing this date, as failing to file your lawsuit on time could lead to being barred from pursuing compensation.
Call Morelli Law Firm Today to Get a Free Consultation About Your Injury Case
If another party caused an accident that resulted in you suffering a spinal cord injury, you might have grounds to demand compensation from them or another liable party. A New York spinal cord injury lawyer from Morelli Law Firm can investigate your case and petition for your right to receive compensation.
Call (212) 751-9800 today to speak with a team member about your case. The first consultation is free, and you do not have to pay attorney’s fees unless we win your case.