What Are The Effects Of A Spinal Cord Injury In Virginia?

Key Highlights:

• Effects of a spinal cord injury in Virginia disrupts the communication of signals from the brain with parts of the body below the injury. 
• Providing proof of the broad-ranging effects of a spinal cord injury involves going through a rigorous process of documenting long-term damage effectively. 
• Spinal cord injuries are potentially the costliest injuries one can suffer from, resulting in lifelong assistance. 
• The 1% rule in Virginia makes the formation of a well-crafted injury claim vital.

A spinal cord injury disconnects the communication system between the brain and the body. The cord transmits the signals that enable the body to move and feel, and, once damaged, prevents the body from receiving these signals from the point of injury downwards. There are ramifications for almost every aspect of everyday life and,when a spinal cord injury occurs, reading through the effects of a spinal cord injury in Virginia, is important to plan for the  future.

Understanding legal principles is essential when it comes to controlling medical expenses, making necessary lifestyle modifications, and ensuring ongoing treatment. It is essential to receive help from Tatum & Atkinson Law Firm so that you know your rights and can defend your right to any compensation.

If you have a spinal injury or know someone who does, contact our Virginia spinal cord injury lawyer at (800) 529-0804 for a no-obligation initial consultation.

What a Spinal Cord Injury Is, and Complete Versus Incomplete

Injuries impact the communication between the brain and the body below the point of the injury, and thus the location of the injury determines what symptoms arise. Cervical injuries have effects in arms, legs, and trunk, known as tetraplegia; lower injuries only affect the lower body, known as paraplegia. 

Injuries can be either complete (no function below the injury) or incomplete (function partially preserved). Most spinal injuries today are incomplete. In Virginia, the most common causes of spinal injury are motor vehicle accidents, followed by falls, job-related accidents, sports injuries, and violence.

The Physical Effects of a Spinal Cord Injury in Virginia

The physical effects depend on how severe an injury was and where it occurred and may involve: 

• Paralysis below the level of the injury.
• Lost ability to feel and constant pain.
• Weakening of the muscles with spasticity.
• Breathing difficulties for higher injury levels.
• Loss of bladder and bowel functions.

In the long run, management becomes focused on dealing with consequences not reversible by medicine.

The Emotional and Financial Weight

It’s not just physical injuries that are painful, many people suffer from anxiety, depression, or post-traumatic stress disorder in adapting to their new condition. The financial burdens are equally real, as these are some of the costliest injuries. As per the National Spinal Cord Injury Statistical Center, around 300,000 Americans suffer from spinal cord injury, and the cost of treatment in the most critical cases might run into millions of dollars.

Treatment and Lifelong Care

Typically, care starts off with having an urgent spine surgery so as to stabilize the spine, the process then continues with physical therapy aimed at restoring one’s independence. After this, follow-up treatment will be required for life: physical and occupational therapy, assistive technology, modifications to the home and vehicle, and possibly ongoing external care.

Liability, the 1% Rule, and Building the Claim

If the injury resulted from the other party’s negligence, the other party has to pay for all the costs related to the injury. The pure contributory negligence doctrine applied in Virginia makes the situation even riskier: if the defending party accuses the injured person of even being 1 percent guilty, the case is likely to be lost. 

One may receive compensation for the medical fees, future medical treatment, wage losses, loss of earning opportunities, costs of taking care of the victim, and pain and suffering, but the amount of compensation is not limited. The full benefits of the claim requires the involvement of various specialists, including doctors and medical practitioners, care planners, and economists. The deadline to file is generally two years from the injury under Va. Code § 8.01-243.

Partner With Tatum & Atkinson After a Catastrophic Injury 

Spinal cord injuries change the life of the injured person and family, which makes it hard to prepare for the future when costs go on for decades. But you should know that you are not alone in this dilemma.

Tatum & Atkinson operate in Virginia with the help of a Cedar Bluff office. The attorney who manages all state matters is Jon Ward. 

The law firm cooperates with health specialists, life-care planners, and economists to show how a effects of a spinal cord injury in Virginia can change a person’s life for good. The team builds an evidence-based argument to defeat the insurance company’s attempt to lowball the payout and cover only a fraction of the actual lifetime costs. 

Call (800) 529-0804 for a free consultation.

FAQs: What Are the Effects of a Spinal Cord Injury in Virginia?

Is spinal cord injury reversible, or does it remain an irreversible condition? 

It is depends. Some individuals who experienced incomplete injuries are able to regain movement or sensations by the means of rehabilitation, but the recovery process differs for each person. In the case of complete injury, the possibility of having recovery below the injury point is very low. There is also a chance that recovery will take a long time to realize with processes taking more than a year. 

How do you put a dollar figure on a lifetime injury?

A serious personal injury claim is evaluated based on the needs of the future and not just on what has been spent so far. This is done when a medical expert devises a life care plan that encompasses all future health care, treatment, equipment and changes of the home, while a specialist computes the present value of income lost and everything spent on those future needs.

The insurance company says I was not wearing a seatbelt. Can they use that against me?

In the state of Virginia, the answer is clearly no. Unfastening a seatbelt is not considered a negligent action according to Va. Code § 46.2-1094 so the amount of damages payable cannot be reduced. 

The insurance companies frequently raise the seatbelt issue to minimize the injuries sustained by the victim but cannot do so in Virginia.

Who besides the driver can be held responsible?

Liability can belong either to the driver or his/her employer or trucking company, the property owner, or the company producing the goods.  That’s because one insurance policy cannot cover lifetime costs.

What does it cost to hire a catastrophic injury attorney?

The services of a catastrophic injury lawyer do not require any upfront payment. They take permanent disability cases on a contingency basis by which no fee is paid unless one wins the case. 

About the Author

Robert Tatum

Robert Tatum is the founding attorney at Tatum & Atkinson. He is licensed to practice in all North Carolina state and federal courts and before the U.S. Supreme Court. He earned his J.D. from the University of North Carolina School of Law in 2002 and his B.S. from the University of Virginia in 1999. His practice focuses on personal injury law. Connect with him on LinkedIn.