Spinal cord injuries (SCIs) are some of the most life-altering consequences of a car accident, often resulting in long-term disability, chronic pain, or even paralysis. In Vermont, individuals who sustain SCIs due to another driver’s negligence have the right to pursue legal action to recover compensation for medical expenses, lost wages, and diminished quality of life. Understanding the legal process, key evidence required, and potential damages can significantly impact the success of a lawsuit.

Understanding Spinal Cord Injuries from Car Accidents

Spinal cord injuries vary in seriousness and can lead to temporary or permanent impairment. According to the National Spinal Cord Injury Statistical Center (NSCISC), car accidents are the leading cause of SCIs, accounting for nearly 39% of all cases.

Common types of spinal cord injuries from car crashes include:

• Incomplete spinal cord injuries – Partial loss of motor and sensory function below the injury site.
• Complete spinal cord injuries – Total loss of movement and sensation below the affected area.
• Herniated discs and fractures – Damage to the vertebrae or spinal discs, often leading to chronic pain and mobility issues.
• Spinal cord contusions – Bruising of the spinal cord, potentially causing temporary dysfunction.

The total cost of treating a spinal cord injury is often overwhelming. Studies estimate that first-year medical expenses alone for a severe SCI range from $375,000 to over $1 million, depending on the level of paralysis. This makes securing compensation through a lawsuit vital for victims.

Steps to Pursue a Spinal Cord Injury Lawsuit in Vermont

1. Seek Immediate Medical Attention

Medical documentation plays a very important role in a spinal cord injury lawsuit. Even if symptoms seem mild at first, delays in treatment can worsen the condition and weaken a legal claim. Seeking medical care immediately ensures a proper diagnosis and creates a medical record linking the injury to the car accident.

2. Establish Liability and Negligence

To win a spinal cord injury lawsuit, the victim (plaintiff) must prove that another party’s negligence directly caused the injury. Vermont follows a modified comparative negligence rule, meaning a plaintiff can still recover damages as long as they are not more than 50% at fault for the accident. If they are found partially responsible, their compensation is reduced by their percentage of fault.

Key elements to prove negligence include:

• Duty of care – The at-fault driver held a responsibility to operate their vehicle safely.
• Breach of duty – The driver violated traffic laws or acted recklessly.
• Causation – The breach of duty directly led to the spinal cord injury.
• Damages – The victim suffered measurable losses, such as medical expenses, lost income, and emotional distress.

3. Gather Strong Evidence

Evidence is the backbone of a successful spinal cord injury lawsuit. Key pieces of evidence include:

• Accident reports – Police reports provide crucial details about the crash, including witness statements and potential citations issued to the at-fault driver.
• Medical records – Documentation of the injury, treatment plan, and long-term prognosis strengthens the claim.
• Witness testimonies – Statements from bystanders, passengers, or other drivers help corroborate events.
• Surveillance or dashcam footage – Video evidence can provide an unfiltered view of the crash.
• Accident reconstruction reports – Experts may analyze skid marks, vehicle damage, and impact angles to determine fault.

4. Calculate Damages

Spinal cord injuries lead to substantial financial, emotional, and physical losses. In Vermont, victims can seek various forms of compensation, including:

Economic Damages

• Emergency medical care and hospitalization costs
• Ongoing rehabilitation and physical therapy expenses
• Lost wages and future earning capacity
• Home modifications (e.g., wheelchair ramps, specialized equipment)

Non-Economic Damages

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Loss of consortium (impact on relationships with family and spouses)

In cases involving gross negligence or reckless behavior, Vermont courts may also award punitive damages to punish the at-fault party and hopefully deter similar behavior.

5. Work with a Personal Injury Attorney

Spinal cord injury lawsuits are complicated and require extensive legal expertise. An experienced Vermont personal injury attorney can:

• Investigate the accident and gather evidence
• Negotiate with insurance companies to make sure you get a fair settlement
• Represent the victim in court if a lawsuit is necessary
• Ensure compliance with Vermont’s statute of limitations, which allows three years from the accident date to file a personal injury lawsuit

Challenges in Spinal Cord Injury Cases

While pursuing compensation is a legal right, insurance companies often attempt to minimize payouts. Some common challenges include:

• Disputes over liability – The at-fault driver may claim the victim was partially responsible.
• Low settlement offers – Insurers often offer less than what is needed for lifetime care.
• Pre-existing conditions – The defense may argue that prior back issues contributed to the injury rather than the accident itself.

Overcoming these obstacles requires legal advocacy and a strong evidentiary foundation.

Conclusion

Getting a spinal cord injury from a car accident will permanently alter a person’s life, impacting mobility, independence, and financial stability. Vermont law provides a pathway for victims to seek compensation, but the process requires careful planning, legal expertise, and compelling evidence. By working with a skilled attorney, gathering the right documentation, and understanding Vermont’s legal framework, spinal cord injury victims can improve their chances of securing fair compensation for their losses.

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

Navigating Vermont personal injury claims can be challenging. Fortunately, you don't need to do it alone. The experienced personal injury 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.