North Carolina Spinal Cord Injury FAQ
North Carolina Spinal Cord Injury FAQ
General Personal Injury Cases
What is a traumatic spinal cord injury?
A spinal cord injury (SCI) occurs when trauma damages the spinal cord, disrupting the flow of communication between the brain and body. Common causes include car accidents, falls, and workplace injuries, which often result in loss of mobility or sensation.
If the injury happened on the job, you may be entitled to benefits through a workers’ compensation claim, covering medical expenses and lost wages. For injuries caused by someone else’s negligence, such as in a car or trucking accident, a personal injury lawsuit may allow you to recover additional compensation, including damages for pain and suffering.
What are the different types of spinal cord injuries?
SCIs are classified as:
- Complete Injuries: Total loss of function and sensation below the injury site.
- Incomplete Injuries: Partial retention of function or sensation.
Specific outcomes include:
- Quadriplegia: Paralysis of all four limbs, often from cervical spine injuries.
- Paraplegia: Paralysis of the lower body, typically caused by thoracic or lumbar injuries.
What are the long-term effects of a spinal cord injury?
Why should I hire a lawyer after a spinal cord injury?
What types of damages can I recover in a spinal cord injury case?
- Medical Expenses: Past and future costs, including hospital stays, surgeries, rehabilitation, medications, and assistive devices.
- Lost Wages: Income lost due to time away from work.
- Loss of Earning Capacity: Reduced ability to earn income in the future as a result of the injury.
- Pain and Suffering: Compensation for physical pain and emotional distress caused by the injury (not available in workers’ compensation claims).
- Loss of Consortium: Damages for the loss of companionship, love, and support (not recoverable through workers’ compensation)
How much can I get from a spinal cord injury?
If your spinal cord injury occurred on the job, workers’ compensation will cover medical expenses, lost wages, and potentially disability benefits, but it does not provide damages for pain and suffering or loss of consortium.
For injuries caused by a negligent third party—such as a subcontractor, equipment manufacturer, or a driver in a car accident—a personal injury lawsuit may allow you to pursue these additional types of compensation.
An experienced attorney can help determine the best course of action based on how your injury occurred.
How long does a spinal cord injury case take to settle?
- Workers’ Compensation Claims: If your spinal cord injury occurred on the job, workers' compensation cases are sometimes resolved more quickly than personal injury cases but still take a year on average. If your spinal cord injury is severe, if will typically take longer to resolve to ensure proper recovery and case development. Also, disputes over the extent of your injury or eligibility for benefits typically will delay the process and could be years.
- Personal Injury Lawsuits: If your injury resulted from someone else’s negligence, a personal injury lawsuit can take longer, especially if liability is contested or the case goes to trial. While some cases settle within a year, more complex claims involving severe injuries or substantial damages may take several years to resolve.
What is the statute of limitations for a spinal cord injury lawsuit?
In North Carolina, you must file a spinal cord injury lawsuit within three years of the injury date. Missing this deadline can bar you from seeking compensation. If your spinal cord injury occurred in a workplace accident, generally you have two years to file the claim with other reporting deadlines applying as well. Certain exceptions may apply, so consulting an attorney promptly is recommended.
Choosing a NC Spinal Cord Injury Lawyer
How do I choose a good spinal cord injury lawyer?
- Look for Experience: Choose someone with a proven track record in spinal cord injury and personal injury cases.
- Check Client Reviews: Research testimonials and case outcomes.
- Evaluate Resources: Ensure the attorney has the expertise and tools to handle complex litigation.
- Schedule a Consultation: Discuss your case and assess their understanding and commitment.
Our experienced attorneys are ready to litigate your case.
Please Note - The content on this website is for informational purposes only and does not constitute legal advice. Viewing this site, using information from it, or communicating with Shankle Law Firm, PA through this site does not create an attorney-client relationship. For legal advice tailored to your situation, please contact us directly at (704)-370-1212.