A spinal cord injury (SCI) can be a life-altering event, impacting every aspect of your life and requiring extensive medical care, rehabilitation, and ongoing support. If your SCI resulted from someone else’s negligence in Maryland, you might be entitled to financial compensation. Navigating the legal process can be complex, so understanding what to expect and how to prepare is crucial. This article provides a comprehensive overview of spinal cord injury settlements in Maryland.
Understanding Spinal Cord Injuries
Spinal cord injuries range from incomplete, where some function remains below the injury site, to complete, resulting in total loss of sensation and motor function. The severity of the injury significantly impacts the required treatment, recovery prospects, and ultimately, the potential settlement value. Common causes of SCIs in Maryland include motor vehicle accidents, falls, acts of violence, and medical malpractice.
Establishing Negligence in Maryland
To pursue a successful SCI claim in Maryland, you must establish negligence. This involves proving that another party owed you a duty of care, breached that duty, and that this breach directly caused your injury. For example, in a car accident case, you would need to demonstrate that the other driver acted negligently (e.g., speeding, distracted driving) and that their negligence caused the accident and your subsequent SCI.
Damages in SCI Cases
Damages in SCI cases are categorized as economic and non-economic.
Economic Damages: These are quantifiable financial losses resulting from the injury. Examples include:
- Medical Expenses: Past and future medical costs, including hospitalization, surgery, rehabilitation, medication, and assistive devices.
- Lost Wages: Past and future lost income due to the inability to work.
- Home Modifications: Costs associated with adapting your home to accommodate your needs (e.g., ramps, wider doorways).
- Caregiver Expenses: The cost of hiring professional caregivers or relying on family members for assistance.
Non-Economic Damages: These are less tangible losses that impact your quality of life. In Maryland, there is a cap on non-economic damages, which is adjusted annually. Examples include:
- Pain and Suffering: Physical pain and emotional distress associated with the injury.
- Loss of Consortium: Loss of companionship and intimacy with a spouse.
- Loss of Enjoyment of Life: Inability to participate in activities previously enjoyed.
The Settlement Process in Maryland
The settlement process generally involves the following steps:
- Investigation: Your attorney will thoroughly investigate the accident, gather evidence, and consult with medical experts to build a strong case.
- Demand Letter: A formal demand letter outlining your damages and desired settlement amount is sent to the at-fault party’s insurance company.
- Negotiation: Your attorney will negotiate with the insurance company to reach a fair settlement. This process can involve back-and-forth offers and counteroffers.
- Settlement Agreement: If a settlement is reached, both parties sign a legally binding agreement releasing the at-fault party from further liability.
- Trial: If a settlement cannot be reached, your attorney may file a lawsuit and proceed to trial.
Factors Affecting Settlement Value
Several factors influence the potential value of an SCI settlement in Maryland:
- Severity of the Injury: More severe injuries typically result in higher settlements due to increased medical expenses and long-term care needs.
- Liability: Clear liability on the part of the at-fault party strengthens your case and can lead to a higher settlement.
- Availability of Insurance Coverage: The amount of insurance coverage available from the at-fault party can limit the potential settlement.
- Evidence and Documentation: Thorough documentation of your injuries, medical expenses, and lost wages is essential for maximizing your settlement.
How to Prepare for Your Case
- Seek Immediate Medical Attention: Prioritize your health and well-being by seeking prompt medical treatment.
- Gather Evidence: Preserve any evidence related to the accident, such as photos, videos, and witness statements.
- Document Everything: Keep detailed records of your medical appointments, treatments, expenses, and any impact on your daily life.
- Consult with an Experienced Attorney: An experienced spinal cord injury attorney in Maryland can guide you through the legal process, protect your rights, and advocate for maximum compensation.
Contact Monge & Associates
Spinal cord injuries require significant financial resources for ongoing care and support. If you or a loved one has suffered an SCI due to someone else’s negligence in Maryland, contact Monge & Associates for a free consultation. Our experienced personal injury attorneys have 32 offices in 19 states, including Maryland, South Carolina, and Nebraska, and are dedicated to fighting for the rights of injury victims. Call us today at (888) 477-0597 to discuss your case and learn how we can help you secure the compensation you deserve.