Sustaining a spinal cord injury in an accident can be life-altering. While no amount of money can make up for the physical and emotional trauma, obtaining fair compensation can provide critical resources to help rebuild your life. This article examines the types of damages available in spinal cord injury claims in Kansas.
Medical Expenses
One of the largest components of a spinal cord injury claim is compensation for medical expenses, both past and future. This includes ambulance transportation, hospitalization, surgeries, rehabilitation, medications, medical equipment, in-home healthcare, and more. Keep meticulous records and get estimates for future costs. The defense will look closely at these expenses to determine if they were reasonably necessary. Also, account for costs like modifications to your home and vehicle to accommodate a disability. These expenses demonstrate how seriously the injury has impacted your lifestyle and independence.
Lost Income and Diminished Earning Capacity
Many spinal cord injuries prevent a person from returning to work, either temporarily or permanently. Document past lost wages from the time of the injury to the present. Also, seek compensation for diminished earning capacity if the injury impairs your ability to work or requires switching to a lower-paying job. Vocational assessments can help estimate losses over your lifetime. Be sure to factor in lost promotions, raises, 401K matching, and benefits.
Pain and Suffering
Though more subjective than economic damages, compensation for pain and suffering is critical. A spinal cord injury results in both physical pain and emotional trauma from loss of mobility, independence, and enjoyment of life. Be prepared to describe how the injury has impacted your daily functioning and quality of life. Juries tend to award higher amounts when victims make relatable, sincere pleas for fair pain and suffering damages.
Loss of Consortium
If you are married, you can also make a claim for loss of consortium damages on behalf of your spouse. These compensate for the loss of things like affection, companionship, and services resulting from your injuries. Your spouse plays an important role in conveying the full extent of disruption to your family life.
Punitive Damages
If the accident resulted from truly outrageous, reckless conduct – like drunk driving – you may claim punitive damages meant to punish and deter such egregious behavior. However, Kansas law imposes limits, so punitive damages make up only a small portion of most claims.
Navigating Complex Laws
Laws governing spinal cord injury claims can be complex. The available damages, liability rules, and procedures vary significantly based on the specifics of each case. An experienced personal injury attorney can help maximize your payout by proving liability, documenting damages thoroughly, negotiating aggressively, and skillfully presenting your case in court if necessary.
Don’t Delay in Pursuing Your Claim
It is important to act quickly when seeking compensation for a spinal cord injury. There are strict statutes of limitations dictating the deadline for filing a claim, often only two years from the date of injury. Any delay could jeopardize your right to damages. An attorney can evaluate your case and take prompt action to preserve your rights.
At Monge & Associates, our Kansas spinal cord injury lawyers have over 30 years of experience. For a free consultation on how we can help your family pursue fair compensation, contact us today at (888) 477-0597. We have 32 offices in 19 states, including Kansas, South Carolina, and Nebraska, and with compassion and diligence, we will fight for your rights every step of the way.