Spinal cord injuries (SCIs) can be life-altering, both physically and financially. In Massachusetts, car accidents are among the leading causes of these injuries. If you have endured a spinal cord injury in a car accident caused by another person's negligence, filing a lawsuit may be essential to securing compensation for your losses. Here's a comprehensive guide to navigating the process.

Understanding Spinal Cord Injuries and Their Impact

Spinal cord injuries can vary widely, from mild nerve damage to total paralysis. The National Spinal Cord Injury Statistical Center (NSCISC) states that motor vehicle accidents are responsible for 38.6% of all spinal cord injuries in the US. The financial impact is staggering:

• First-year "average" costs: $375,196 for incomplete motor function injuries, and $1.14 million for severe cervical spinal cord injuries.
• Lifetime "average" costs: $5 million+ for severe cases diagnosed at age 25.

Beyond medical expenses, victims may face lost wages, reduced earning capacity, and significant emotional distress.

Establishing Liability in Massachusetts Car Accidents

In Massachusetts, a no-fault insurance state, you need to first file a claim through your own personal injury protection (PIP) coverage. However, if your SCI results in over $2,000 in medical expenses or causes permanent disfigurement, severe disability, or loss of function, you can work outside the no-fault system and pursue a lawsuit.

To succeed in a spinal cord injury lawsuit, you must establish:

1. Duty of Care: The at-fault driver was responsible for operating their vehicle safely.
2. Breach of Duty: They acted negligently or recklessly (e.g., speeding, distracted driving).
3. Causation: Their actions were the direct cause of the accident and your spinal cord injury.
4. Damages: You incurred specific losses, such as medical bills, lost wages, or pain and suffering.

Steps to Pursue a Spinal Cord Injury Lawsuit

Seek Immediate Medical Attention

Your health is the top priority. Prompt medical care also creates essential documentation for your case. Ensure all injuries and treatments are thoroughly recorded in your medical records.

Document the Accident

Collect as much evidence as possible:

• Photos of the accident scene, damages, and your injuries.
• Police reports, which often include valuable details about fault.
• Witness statements.

Consult an Experienced Personal Injury Attorney

Spinal cord injury cases can be complex. A skilled attorney can help:

• Navigate Massachusetts-specific laws.
• Determine fault and calculate damages.
• Communicate with insurance companies.

File Your Lawsuit Within the Statute of Limitations

Massachusetts law sets a three-year statute of limitations for personal injury claims. Missing this deadline may cause you to lose your right to compensation.

Types of Compensation You May Recover

Individuals who sustain spinal cord injuries are able to go after compensation for economic and non-economic damages, which can include:

• Economic Damages:
  • Medical expenses (current and future)
  • Lost wages and reduced earning capacity
  • Home modifications for accessibility
  • Long-term care and rehabilitation costs
• Non-Economic Damages:
  • Pain and suffering
  • Loss of enjoyment of life
  • Emotional distress
• Punitive Damages: In rare cases, courts might award these to punish egregious negligence.

Special Considerations for Spinal Cord Injury Lawsuits in MA

Comparative Negligence Rule

Massachusetts follows a modified comparative negligence rule. If you are partially at fault for the accident, your compensation will be lowered by your percentage of fault. However, you cannot recover damages if you are found to be more than 50% at fault.

Understanding Insurance Limits

Massachusetts requires minimum auto insurance coverage of:

• $20,000 for bodily injury per person.
• $40,000 for bodily injury per accident.

If the at-fault driver's policy is insufficient to cover your damages, your attorney may explore options such as:

• Underinsured Motorist Coverage (UIM): If included in your policy.
• Personal Assets of the At-Fault Driver: In cases of significant negligence.

Why Legal Representation Is Essential

Handling a spinal cord injury case without professional legal support can be overwhelming. Experienced attorneys bring value by:

• Negotiating with insurers: Insurance companies often undervalue claims. A lawyer ensures fair compensation.
• Leveraging expert testimony: Medical and economic experts can strengthen your case by quantifying future costs.
• Presenting a compelling case: In court, an attorney's expertise will make a significant difference in the outcome.

Frequently Asked Questions

Q: How Long Does It Take to Resolve a Spinal Cord Injury Lawsuit?

A: Timelines vary based on factors like case complexity, willingness to settle, and court schedules. Cases can take months to years.

Q:What If I Can’t Afford a Lawyer?

A: Many personal injury attorneys work on a contingency fee basis, meaning you can pursue your case without any upfront expenses and only pay if they achieve a successful resolution on your behalf.

Q: Can Family Members File a Lawsuit for a Spinal Cord Injury Victim?

A: In Massachusetts, immediate family members may pursue loss of consortium claims if the injury affects their relationship with the victim.

Conclusion

Spinal cord injuries after a car accident will profoundly impact every aspect of your life. Pursuing a lawsuit in Massachusetts requires meticulous preparation, strong evidence, and legal expertise. By knowing and understanding your rights and taking the proper steps, you can seek the compensation needed to rebuild your life.

Need Legal Help? Brandon J. Broderick, Attorney at Law is One Phone Call Away

Navigating Massachusetts car accident claims can be challenging. Fortunately, you don't need to do it alone. The experienced lawyers at Brandon J. Broderick, Attorney at Law, are available 24/7 to help you understand your legal options, gather necessary evidence, and build a strong case to secure the settlement you deserve.

Contact us now for a free legal review.