Every year, there are around 12,000 spinal cord injury cases reported in the United States. In New Hampshire, you can suffer spinal cord injuries from traffic accidents, slip and fall accidents, workplace injuries, or the many other hazards residents are faced with daily.
If someone else’s negligence caused the accident, a spinal cord injury attorney in New Hampshire will help you fight for compensation. However, how much you receive and the outcome of your case depends on certain key factors, which we will discuss below.
1. Severity of the Injury
The extent and nature of your spinal cord injury play a major role in how your claim is evaluated. Medical professionals categorize SCIs as either complete or incomplete. Complete is where a victim experiences total loss of function below the injury due to nerve damage.
Incomplete is where partial functionality remains. Complete injuries often lead to permanent paralysis, while incomplete injuries may allow for some level of recovery. The more severe the injury, the higher the medical costs, long-term care expenses, and emotional toll.
These elements are all factored into the compensation. Claims involving permanent disabilities typically result in larger settlements or verdicts because of the long-term impact on a victim’s life.
2. Evidence and Documentation
The strength of your claim heavily depends on the quality of evidence and documentation. You can get proof of your injury and its severity through:
- Medical records
- MRI or CT scans
- Doctor’s notes
- Treatment plans
Apart from medical evidence, having accident reports, photographs, surveillance footage, and witnesses’ statements can boost your case. Additionally, detailed documentation of how the injury affected your life, such as journals or testimonies from loved ones, can show the emotional and psychological damages that may not be obvious.
3. Establishing Fault and Liability
Determining who is legally responsible for your injury is crucial. If liability is clear and uncontested, the claims process will be smoother. However, if there is any dispute over fault, the process can become more complicated, and the matter may even end up in court.
In some states, laws like comparative or contributory negligence can affect your compensation. For example, if you are found partially at fault for the accident, your payout could be reduced or even denied, depending on state laws. Having strong evidence and experienced legal representation can make a difference when it comes to proving liability.
4. Long-Term Impact on Your Life and Career
Spinal cord injuries can often lead to permanent lifestyle changes. If you cannot work or must take a lower-paying job because of your condition, this loss of earning capacity will be included in your compensation. Your age, profession, and how much you made before your injury play a role in these calculations.
Apart from financial losses, courts and insurance companies also consider non-economic damages such as pain and suffering, emotional distress, and loss of enjoyment of life. The larger the impact, the higher the potential compensation.
5. Legal Representation
Having an experienced attorney by your side can affect the outcome of your case. A skilled lawyer knows how to collect important evidence, work with experts, negotiate with insurance companies, and take your case to court if necessary.
Without legal guidance, it is easy to settle for less or unknowingly accept blame that is not yours.
6. Insurance Coverage and Limits
Insurance coverage is a practical factor that can limit compensation. Even if your damages are significant, you may be limited by the at-fault party’s policy limits. In such cases, your attorney can explore other avenues, like suing the responsible party or using your underinsured motorist coverage if it is applicable.
Conclusion
The amount you receive in a spinal cord injury claim is influenced by many factors. However, getting legal advice early enough in your case can make a difference in how you recover financially and emotionally.
