Spinal Cord Injury Lawsuits

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Spinal Cord Injury Lawsuits
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On the surface, spinal cord injury lawsuits seem
straightforward. After all, anyone who suffers a
serious spinal cord injury in a motor vehicle
accident (or anywhere else) is going to leave the
hospital with a clear diagnosis and a good
lawyer.But there are times (and Ive seen a few
firsthand) when things arent so cut and dry.For
example, a victim may have a lot of neck pain but
doesnt think its enough to visit the hospital
until a few days later when the pain becomes
debilitating. What then?
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How can you tell a spinal cord injury from
whiplash?Ive seen victims who were convinced
they had whiplash, when theyd actually suffered
a fracture and needed a fusion.This happens and
its a bit scary. I had one client who thought
they had a WAD 2 (a second grade of whiplash but
not super-serious) and the doctors diagnosed
them with a WAD 2 only for them to discover
weeks later they theyd suffered a spinal
fracture (WAD 4).
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The reason its scary is because anything could
have happened to them in that time to exacerbate
the injury and cause paralysis.Ive heard it
said that, if youre at home surfing the net
because you think you may have a spinal cord
injury, you probably dont. But thats not
entirely trueAt times hospitals will miss
things were all human. A spinal cord injury or
fracture doesnt always mean paralysis, so its
not always obvious.
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Furthermore, no doctor wants to do a surgery i.e.
a neck fusion if its not 100 necessary so they
can be conservative in their diagnosis.Spinal
cord injuries of the more subtle (but no less
painful) variety, often unfold like this The
doctors initially clear you, but a few weeks
later, the pain hasnt improved. Perhaps you
cant move your neck and the stiffness is getting
worse.This is indicative of something more
serious. I always tell my clients to listen to
their bodies. Doctors miss things and unexpected
complications can arise. If your neck pain does
not improve after a week or two, its time to
return to the hospital.
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What does a spinal cord injury lawsuit look
like?From a legal perspective, spinal cord
injury cases are often easier to resolve,
particularly if theyre a result of a motor
vehicle accident.If the at fault drivers
insurance company sees a spinal fracture in the
medical records, theyll treat it differently and
set a higher reserve (to learn more about how
insurance companies decide on compensation,
continue here LINK)
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When someone suffers an obvious and serious
injury, the insurance company is not going to
debate the injury itself. But they will debate
the value of the injurys impact on the victims
life.This is counted under general damages. The
lawsuit is therefore about proving the impact the
injury has had, so that the insurance company can
fairly compensate.For example, take a welder who
wears a heavy mask and suffers a spinal cord
injury that requires a fusion operation. This
injury could affect their ability to wear the
mask thus impacting their livelihood.
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Compare that to someone with the same injury who
holds an office job. While the discomfort might
be equal, they can still work at their profession
unhindered, thus the value of the impact on their
life is lower.So you can see how one injury,
when superimposed on people with different
circumstances, can result in a higher or lower
assessment of the value of the damages.
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Always talk to your doctor! Your treatment plan
comes firstAnother complication of spinal cord
injury cases is that treatment rarely begins
right away, particularly if youve suffered a
spinal cord fracture. Its like when you break an
ankle. Your ankle needs to heal before you start
physio. It takes time. The injury itself will
evolve. In time, the doctors may find its less
serious than initially thought, or more serious
than initially diagnosed.
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Its very hard at the beginning of any personal
injury lawsuit to know what kind of treatment you
will require over the long term.When clients
come to see me with an injury, my first question
is have you seen you doctor? Legal
representation is important, but not as important
as your health! If youve had an accident, first
see your doctor, then see your lawyer.
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Why are conversations with your doctor
important?Obviously because you need to
understand your treatment plan, but also because
these conversations drive what we will argue for
with the insurance company.Your doctor will
advise us if you need surgery or physio. They
will advise us on how long, how intense, and how
debilitating your treatment may be. And we, in
turn, can figure out how much money you will need
to get through, particularly if you cant work or
need to retrain.
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This amount is what we present to the insurance
company. And we keep presenting it tweaking it
here or there as your situation evolves.
Initially we present this number so the insurance
company can set the right reserve, and then so
they can make a fair settlement offer.You wont
hear this from many personal injury lawyers, but
Ive worked on both sides of the table and the
path to a fair settlement is providing the
insurance company with enough information to
empower them to provide YOU with the compensation
you need.
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Insurance companies are not the enemy they
exist to help you, and I exist to make sure that
things are communicated in such a way that you
get the help you need.Can Your Lawyer Help with
Healthcare Fees During the Lawsuit?People can
get spinal cord injuries through other ways like
slip and falls. Unfortunately, many dont have
additional insurance to cover that kind of
injury. (Its not like a car accident where you
have mandatory insurance.)
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Under these circumstances, all the treatment
costs that are not funded by OHIP have to be
funded by you (think physiotherapy, certain
devices, even certain medications)If youre
working with a lawyer, oftentimes the lawyer can
help you access services that you cant afford up
front.First, you want to make sure you work with
a lawyer who has strong roots and relationships
in your hometown. You also want to work with an
experienced lawyer who can accurately estimate
the value of the case.
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If your lawyer is well-respected by local medical
professionals like physiotherapists, he or she
can sometimes work with treatment providers to
protect the account.This means that the lawyer
will make sure your treatment provider gets paid
out of the settlement i.e. you can get the care
you need without paying upfront.Theres a slight
risk to the service provider if the case is lost
at trial, but this is why its important your
lawyer has trusted relationships with local
treatment providers and a good track record.
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If you recently hurt your neck in an accident and
the pain hasnt improved, drop me a line. Expect
me to tell you to see your doctor (!), but you
may also have a case, and well discuss that
too.http//derekwilsonlaw.ca