Spinal cord injuries are among the most expensive injuries a person can sustain, with lifetime care costs ranging from $1.2 million to over $5.1 million depending on severity and age at injury, according to the National Spinal Cord Injury Statistical Center.
When another party’s negligence causes a spinal cord injury in Broward County, Florida law allows the injured person to pursue compensation for both financial losses and quality-of-life damages. At Winston Law, our Fort Lauderdale personal injury team has represented victims of catastrophic injury across South Florida since 1989.
Types of Spinal Cord Injuries and How Severity Affects Compensation
Spinal cord injuries are classified as complete or incomplete. A complete injury means total loss of motor function and sensation below the injury site, while an incomplete injury means some function remains.
Cervical injuries affecting the neck can result in tetraplegia, impacting all four limbs and potentially requiring ventilator support. Thoracic injuries affect the trunk and impair balance. Lumbar and sacral injuries affect the lower body and can result in paraplegia. Higher severity and higher injury location generally mean higher lifetime costs and compensation, because medical needs and loss of independence are greater.
What Damages Are Available in a Broward County Spinal Cord Injury Case
Florida law allows recovery of both economic and non-economic damages. In a spinal cord injury case, those damages typically include:
- Past and future medical expenses, including surgeries, hospitalizations, and rehabilitation
- Lost income and diminished earning capacity over the injured person’s remaining work life
- Life care plan costs cover ongoing therapy, medications, and home health aides
- Home and vehicle modifications for wheelchair accessibility
- Assistive devices and durable medical equipment
- Pain and suffering, mental anguish, and loss of enjoyment of life
- Loss of consortium for a spouse
In cases involving gross negligence, punitive damages may also be available. Our Fort Lauderdale wrongful death and catastrophic injury lawyer works with medical and vocational professionals to document the full scope of lifetime damages because undervaluing future needs is one of the most common mistakes in spinal cord injury cases.
Common Accidents That Cause Spinal Cord Injuries in South Florida
Motor vehicle crashes are the leading cause of traumatic spinal cord injuries nationwide, and Broward County’s corridors along I-95, I-595, and US-1 produce a significant share of severe collisions. Other common causes include:
- Motorcycle and pedestrian accidents
- Truck collisions involving commercial vehicles
- Slip and fall incidents on commercial property
- Construction site accidents
- Swimming pool and diving injuries
- Medical malpractice during spinal procedures
Each accident type involves different liability theories and different defendants. Our Florida personal injury lawyer investigates every potential source of liability to maximize the available recovery.
How Florida’s Modified Comparative Fault Rule Affects Spinal Cord Injury Claims
Florida’s 2023 tort reform changed the comparative fault standard in a way that directly impacts spinal cord injury cases. Under the new rule, if the injured person is found more than 50 percent at fault for the accident, they recover nothing. If 50 percent or less at fault, damages are reduced proportionally. Medical malpractice cases are carved out and still follow the old rule.
In spinal cord injury cases, the stakes of the fault determination are enormous because the damages are so serious. Defense counsel will aggressively try to push the plaintiff above the 50 percent threshold. Our Fort Lauderdale personal injury attorney builds every case with this threshold in mind from day one.
Why Life Care Plans Are Central to Spinal Cord Injury Verdicts
A life care plan projects the injured person’s future care needs and costs over their remaining lifetime. For a spinal cord injury victim, the plan addresses ongoing medical treatment, therapy, medications, durable medical equipment, home health aides, home modifications, adapted vehicles, and counseling.
Juries rely heavily on life care plans when calculating future damages, and the quality of the plan and the credibility of the professionals who prepared it often determine the amount of the verdict. Our catastrophic injury lawyer retains qualified life care planners early in every case to make sure the plan reflects what the injured person will actually need for decades to come. The long-term costs of living with paralysis extend far beyond the initial hospitalization.
Call Our Spinal Cord Injury Lawyer at Winston Law Today
A spinal cord injury changes everything, and the compensation you pursue must account for decades of future care. Bradley Winston is Florida Bar Board Certified in civil trial law, a distinction held by only seven percent of eligible members, is AV Preeminent rated by Martindale-Hubbell, and is a lifetime member of the Million Dollar Advocates Forum. Contact us online for a free confidential consultation with our Fort Lauderdale personal injury attorney.
