Spinal cord injury damages are among the largest in personal injury law because the injuries are catastrophic and permanent. Properly calculating damages requires understanding all categories of loss—medical costs, lost income, pain and suffering, and more.
Categories of Damages
Economic Damages
Economic damages are quantifiable financial losses with documentation:
- Past and future medical expenses
- Past lost wages
- Future lost earning capacity
- Home and vehicle modifications
- Attendant care costs
- Medical equipment
Non-Economic Damages
Non-economic damages compensate for intangible losses:
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium
- Disfigurement
Medical Expense Calculations
Past Medical Expenses
Document all treatment costs since the injury:
- Emergency room and hospitalization
- Surgery and procedures
- Inpatient rehabilitation
- Physician visits
- Medications
- Medical equipment and supplies
- Therapy services
Future Medical Expenses
Lifetime medical costs often exceed $1-5 million for spinal cord injuries. Future costs are calculated through life care planning:
- Ongoing physician care
- Medications and supplies
- Equipment replacement
- Therapy services
- Treatment of complications
- Home health services
A certified life care planner documents all anticipated needs with costs.
Lost Income Calculations
Past Lost Wages
Calculate income lost from injury date to present:
- Base salary or wages
- Bonuses and commissions
- Overtime typically worked
- Benefits lost (health insurance, retirement contributions)
Future Lost Earning Capacity
Lost earning capacity often represents the largest damage component for young, high-earning plaintiffs:
- Pre-injury earning trajectory—expected career progression
- Work-life expectancy—years you would have worked
- Post-injury earning capacity—what you can now earn, if anything
- Fringe benefits—health insurance, retirement, etc.
Vocational experts assess remaining work capacity. Economists calculate present value of lifetime losses.
Present Value Calculation
Future losses are converted to present value—the current sum that, if invested, would generate the future amounts needed. This requires economic expert testimony.
Attendant Care Calculations
Many spinal cord injury survivors require personal assistance:
- Hours needed—based on functional limitations (8-24 hours/day)
- Skill level required—unskilled, skilled, or nursing care
- Hourly rates—varies by location and skill level
- Lifetime projection—through life expectancy
24-hour care for high-level quadriplegia can cost $150,000-$250,000 annually.
Home and Vehicle Modifications
Home Modifications
Making a home wheelchair-accessible requires:
- Ramps and accessible entries
- Widened doorways
- Accessible bathrooms
- Modified kitchen
- Hospital beds and lifts
- Environmental control systems
Costs typically range from $50,000-$200,000+.
Vehicle Modifications
Accessible transportation options include:
- Hand controls for driving
- Wheelchair lifts or ramps
- Modified vans with lowered floors
Vehicles require replacement every 5-7 years.
Pain and Suffering Calculations
No formula exists for pain and suffering. Factors affecting awards:
- Injury severity—complete quadriplegia justifies higher awards
- Age—younger plaintiffs endure suffering longer
- Impact on activities—loss of hobbies, sports, social life
- Chronic pain—ongoing physical suffering
- Psychological impact—depression, anxiety, PTSD
Pain and suffering awards in spinal cord cases often reach $1-5+ million.
Loss of Consortium
Spouses can claim loss of consortium—the loss of companionship, affection, and intimacy:
- Impact on marital relationship
- Loss of sexual relations
- Increased caregiving burden
- Changed family dynamics
Reduction to Present Value
All future damages must be reduced to present value. Economic experts perform this calculation considering:
- Expected inflation in medical costs
- Appropriate discount rate
- Life expectancy
Life Expectancy Considerations
Spinal cord injuries reduce life expectancy:
- High quadriplegia with ventilator: significant reduction
- Low quadriplegia: moderate reduction
- Paraplegia: modest reduction
Reduced life expectancy affects future damage calculations but may be offset by higher annual costs for severe injuries.
Total Damage Ranges
Typical damage ranges for spinal cord injuries:
- High-level quadriplegia (C1-C4): $10-30+ million
- Low-level quadriplegia (C5-C8): $5-15 million
- Paraplegia: $2-10 million
Actual values depend on age, pre-injury income, injury severity, and strength of liability.
Conclusion
Calculating spinal cord injury damages requires comprehensive analysis of lifetime needs and losses. Life care planners, economists, and vocational experts are essential for documenting the full extent of damages. Don't accept any settlement without professional damage calculation.