Value of a Paraplegia Injury in New York
The impact of paraplegia on an individual's life cannot be overstated. It leads to profound physical and emotional challenges, substantial medical expenses, and a significant loss of independence. Everyday activities that were once taken for granted become daunting obstacles, and the individual's ability to work and earn income may be severely compromised. Compensation may be available for individuals who have suffered paraplegia due to someone else's negligence. In New York, understanding the worth of a paraplegia injury requires a thorough examination of factors such as medical expenses, lost earnings, pain and suffering, disability, and the long-term impact on the individual's quality of life. It is essential to seek the assistance of a knowledgeable New York personal injury lawyer who can navigate the complexities of the legal system and fight for fair compensation on behalf of the injured party. At Stephen Bilkis & Associates we possesses the knowledge and expertise necessary to guide you through the legal intricacies and advocate for your rights. With over 20 years of experience representing clients who suffered serious injuries in accidents, our attorneys and of counsel have recovered over $1 billion for our clients. We will work tirelessly to gather evidence, build a strong case, and ensure that your rights are protected throughout the legal process.How Paraplegia Injuries Occur in New York
Paraplegia injuries typically result from severe trauma to the spinal cord, often caused by accidents caused by the negligence of others.
Motor Vehicle Accidents: Collisions involving cars, motorcycles, or other vehicles can result in spinal cord injuries leading to paraplegia. The impact forces generated in such accidents can cause significant damage to the spinal cord, resulting in permanent loss of function.
Falls: Falls from significant heights or accidents that involve slipping and tripping can lead to spinal cord injuries and paraplegia. Construction site falls, falls from ladders or scaffolding, or accidents on slippery surfaces are common scenarios.
Sports and Recreational Activities: High-impact sports like football, rugby, and extreme sports carry a risk of severe spinal cord injuries. Diving accidents, especially in shallow water, can also cause paralysis.
Acts of Violence: Intentional acts of violence, including assaults, shootings, or stabbings, can cause spinal cord injuries leading to paraplegia. As an experienced New York personal injury lawyer will explain, the criminal cases against the person who injured you in an act of violence is distinct from the civil case. You can pursue compensation from the person whether or not they are convicted in a criminal case.Examples of Paralysis Injury Verdicts in New York
As an experienced personal injury attorney in New York will explain, no two paraplegia injuries are the same. The value of each case is highly fact specific, depending on factors such as the victim’s age, the surgeries and other treatments required, and the impact of the victim’s independence and ability to enjoy life. However, here are examples of verdicts victims of paralysis injuries received:
Liciaga v. N.Y.C. Transit Auth., 2019 N.Y. Slip Op. 33331 (N.Y. Sup. Ct. 2019). $150 million. Plaintiff’s spine was shattered leaving him a paraplegic. After a liability trial, the jury rendered a verdict attributing 100% fault to the defendant. The jury granted the 26-year old plaintiff a $9 million for past pain and suffering, encompassing a span of around three years. Additionally, the jury awarded an extraordinary amount of $60 million for future pain and suffering, spanning 48 years. Moreover, the jury recognized the substantial impact on the plaintiff's economic prospects and provided a considerable award for future economic losses. The parties mutually agreed upon the judgment amount for past economic losses, ensuring comprehensive coverage for the plaintiff's losses.
Lewis v. City of New York, 689 F. Supp. 2d 417 (E.D.N.Y. 2010). $4.6 million. Lewis’s injuries required immediate hospitalization, multiple surgeries (on his back and spinal column), and caused complete and permanent paraplegia. Thus, the catastrophic and permanent nature of plaintiff’s injury is undisputed. However, the testimony as to the degree of pain and suffering Lewis experienced, and continues to experience, and the existence/likelihood of other medical complications was equivocal. Plaintiff was awarded approximately $4.6 million in compensatory damages, comprising $3,490,968 in past and future medical expenses, $900,000 for past and future pain and suffering, and $150,000 for past and future lost wages.Factors Considered in Determining the Value of Paraplegia Injuries
Several key factors contribute to determining the value of a paraplegia injury in New York. These factors are crucial in establishing the compensation that an injured individual may be entitled to.
Past and Future Medical Expenses: The financial impact of a paraplegia injury extends far beyond the initial treatment. The cost of medical care encompasses emergency services, surgical procedures, extended hospital stays, medications, physical therapy, rehabilitation programs, and ongoing specialized care needed to manage the effects of paraplegia. These expenses can quickly accumulate and continue throughout the individual's lifetime. Furthermore, future medical expenses are carefully considered, including the costs associated with adaptive equipment, assistive devices, home modifications, and potential complications that may arise as a result of the injury. A thorough assessment of these medical expenses is crucial in determining the full compensation that should be sought in a paraplegia injury case.
Pain and Suffering: The physical and emotional toll of paraplegia can be immense, impacting an individual's overall well-being and quality of life. Chronic pain, loss of sensation, and the loss of mobility in the lower extremities can cause significant suffering. Additionally, the psychological impact of adjusting to life with paraplegia, such as depression, anxiety, and loss of independence, cannot be overlooked. Age is a crucial factor when assessing pain and suffering in paraplegia cases. When evaluating pain and suffering, courts take into account the duration of the suffering, the severity of physical and emotional distress, the impact on daily life, and the long-term implications. By considering the age of the individual, courts recognize the unique challenges faced by different age groups and strive to ensure fair compensation that adequately addresses the pain, suffering, and long-term impact of paraplegia. Taking into consideration life expectancy, courts tend to award larger amounts to younger plaintiffs who suffered paraplegia injuries.
Determining the appropriate compensation for pain and suffering requires the expertise of an experienced New York personal injury lawyer who understands the complexities of paraplegia cases. They can advocate on behalf of the injured individual, presenting compelling arguments and supporting evidence to demonstrate the extent of pain and suffering endured due to the paraplegia injury and its specific impact based on age.
Other Factors: Other factors that may impact the amount of a verdict or settlement for a. paraplegia injury include loss of earning capacity and loss of enjoyment of life. The impact of paraplegia on an individual's ability to work and earn income is a critical factor. Lost wages, diminished earning capacity, and the inability to pursue certain career opportunities due to the injury are considered when calculating the value of the claim. As for loss of enjoyment of life, paraplegia significantly limits an individual's ability to participate in activities, hobbies, and experiences that were once enjoyed. The loss of enjoyment of life is evaluated to ensure fair compensation for the negative impact on the injured person's overall quality of life.Contact Stephen Bilkis & Associates
Determining the worth of a paraplegia injury in New York is a complex process that requires a comprehensive evaluation of various factors. Medical expenses, lost earnings, pain and suffering, disability, and the impact on daily life are all critical considerations in determining the compensation amount. In the face of such challenging circumstances, it is crucial to seek the guidance and support of an experienced personal injury attorney who specializes in paraplegia cases. Their expertise in navigating the complexities of the legal system and their understanding of the unique challenges posed by these injuries can make a significant difference in achieving a favorable outcome. A skilled personal injury attorney serving New York will meticulously assess the various factors involved in determining the value of a paraplegia injury. They will carefully evaluate the medical expenses incurred as well as non-economic damages associated with paraplegia. If you or a loved one has endured a paraplegia injury, contact an experienced personal injury attorney serving New York at Stephen Bilkis & Associates. Contact us at 1-800-NY-NY-LAW (1-800-696-9529) to schedule a free, no obligation consultation regarding your case. We represent clients in the following locations: Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County, and Westchester County.