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Important Considerations in Spinal Cord Injury Cases
Whether you’re dealing with a car accident or another type of personal injury case, you might be facing catastrophic injuries. Severe injuries of this type can leave you with ongoing medical needs or unable to work for years or even the rest of your life. Spinal cord injuries can be this severe, and they may require considerations that other personal injury cases don’t.
What Type of Accidents Might Cause Spinal Cord Injuries?
A spinal cord injury occurs when part of the spinal cord or nerve endings in or near the spinal cord are damaged. This can lead to a lack of control of the arms and legs, inability to move certain parts of the body, loss of bowel or bladder control, challenges with breathing, changes in sexual function, and pain in various parts of the body. Spinal cord injuries can occur in a variety of incidents, including:
- Car accidents, pedestrian accidents, and other collisions on the road
- Slip and fall accidents or other premises liability accidents
- Medical malpractice incidents that involve unnecessary or accidental injury to the spine
- Accidents at work
- Recreational accidents, including sports, ATV, and boating accidents.
The Role of PIP and MACP
In cases that involve accidents on the road, personal injury protection or coverage through the Michigan Assigned Claims Plan are meant to help cover medical expenses related to an accident. That includes costs for immediate emergency care, required surgeries, and rehabilitation efforts such as physical therapy.
Personal injury protection is required coverage for drivers in Michigan unless they can opt out because they have Medicare Parts A and B and any household members are covered through their own plans. However, PIP insurance is limited; drivers can opt for coverage as low as $50,000 total when they purchase a policy. If you are dealing with a spinal cord injury, it’s likely that you will have medical expenses that exceed this amount.
It’s possible that someone can be injured in a car accident and there is no PIP coverage available. For instance, if you are not a licensed driver with a car, you may not have PIP coverage. Depending on the nature of the accident, you may not be able to seek coverage under another driver’s PIP policy. In this case, you can file a claim with the Michigan Assigned Claims Plan, which is a state policy that reimburses applicable medical expenses when this gap in PIP coverage occurs. However, MACP reimbursement is capped at $250,000, which is a limit those with severe spinal cord injuries are likely to meet.
Why Spinal Cord Injuries Can Lead to So Many Expenses
Spinal cord injuries can require a lot of medical care. You may need complex surgeries to correct issues with your spine, and these procedures often require lengthy recovery periods that involve medications, medical equipment, and physical and occupational therapy. In cases where surgery can’t fully repair damage caused by the injury, individuals may require long-term medical care and support.
Some treatments that may be required in spinal cord injury cases that aren’t required in all personal injury cases include:
- Speech therapy to help someone recover communication abilities if they lost vocal control due to injuries
- Occupational therapy to develop independent living skills in a new normal lifestyle that might include living with partial or full paralysis
- Vocational training to help someone learn to complete work or do a new type of job in light of disabilities related to their injuries
- Medical equipment, such as wheelchairs, to support individuals in living an active and mobile life despite potential paralysis
Major Steps in Filing a Personal Injury Claim in a Spinal Cord Injury Case
If you are dealing with a spinal cord injury after an accident in Michigan, you may need to file a personal injury lawsuit after exhausting other coverages available to you. While every case is unique, there are some steps that are important to any personal injury case.
Documenting the Injury
As the person filing a personal injury claim, you carry the burden of proof. This means that you must demonstrate that your injuries exist and document their extent. During the course of your personal injury case, you may need to show the total impact of your injuries, which can involve leveraging medical records as well as witness testimony that demonstrates how a spinal cord injury has changed your life.
Proving the Injury Was Related to a Specific Incident
You also have to prove that the injury you’re seeking compensation for was caused by the accident in question. A common defense against this type of personal injury case is to claim that injuries existed in some form prior to the accident. For example, defense attorneys may claim that you already had a spinal cord injury and that the accident only exacerbated those injuries; this type of strategy is used to attempt to reduce how much liability another party might have for your injury and resulting expenses.
Demonstrating Fault
Depending on the type of case you are dealing with, you may need to show that another party was at fault or negligent in the accident that caused your injuries. A personal injury attorney can help you understand what, exactly, you need to prove to support the success of your case. They can also work with you to develop a strategy that enhances your chances of a positive outcome. If you or someone you love has a spinal cord injury related to an accident, call the Sigal Law Firm at 248-671-6794 to find out more about how we can help.
