How Pennsylvania Law Calculates Long-Term Damages for Spinal Cord Injuries

A spinal cord injury changes your entire life. Emergency care, hospital stays, and the first round of treatments are the visible parts of this injury, but what is often unseen is everything that comes afterward.

For many individuals dealing with spinal cord injuries, there may be months or even years of ongoing care. Physical limitations may worsen, and they may never be able to return to work in the same capacity they were before their accident. If they haven’t filed a claim that includes compensation for long-term damages, they could be facing a very uncertain future.

For that reason, accounting for long-term damages is often a significant part of a Pennsylvania spinal cord injury case.

What does “long-term damages” actually mean?

In a spinal cord injury claim, damages are not limited to what has already happened. The law allows injured individuals to recover compensation for what they will continue to face in the future. This includes both economic losses and the harder-to-measure personal impact of the injury.

In Pennsylvania, long-term damages typically fall into a few key categories:

• Ongoing medical treatment and care
• Rehabilitation and therapy
• Assistive devices and home modifications
• Lost earning capacity
• Pain, suffering, and loss of quality of life

Each of these areas requires solid evidence to ensure the compensation matches the actual cost of the damages.

The cost of ongoing medical care

Spinal cord injuries rarely involve a one-time treatment(opens in new tab). Even after an initial hospitalization, many people require continuous care for the rest of their lives. This type of care may include follow-up surgeries, regular doctor visits, medication management, and specialized care for any complications they experience. In severe cases, a person may need full-time care assistance or require the aid of an in-home nursing assistant.

The costs of these types of treatments add up quickly. Over years and decades of a person’s life, they can reach into the millions.

Rehabilitation and long-term therapy

Rehabilitation is an ongoing process that is rarely short-term. Physical therapy, occupational therapy, and sometimes psychological counseling all play a role in getting an injured person back on track. Some people may improve over time, but many others reach a plateau and require regular therapy to preserve function and prevent further decline.

Juries look at the expected duration of these services to determine what the injured person might reasonably need in the future. To figure out these future costs, juries will look at medical opinions, treatment history, and accepted standards of care.

Assistive devices and home modifications

After a spinal cord injury, daily life often requires adjustments that you might not think about. Wheelchairs, mobility aids, adaptive vehicles, and specialized equipment make it possible for people with impairments to take care of themselves.

Homes may need to be modified with ramps, widened doorways (to accommodate walkers or wheelchairs), accessible bathrooms, or other structural changes. In extreme cases, an injured person may be forced to relocate if their existing home cannot be modified to fit their needs.

These modifications and devices aren’t one-time expenses. Juries must take into consideration that equipment wears out and must be replaced. In addition, technology changes, and some new or better devices and modifications may be required to help a person care for themselves more efficiently.

Lost earning capacity

A spinal cord injury can reduce or eliminate a person’s ability to return to work. Some people may be able to return to their jobs in a limited capacity, while others may not be able to return to the same job, or any job, at all.

The law looks at both lost wages to date and the future earning capacity of a person with a spinal cord injury. Lost earning capacity measures the difference between what a person likely would have earned over their lifetime and what they can earn now. This calculation often involves financial experts, vocational experts, and economists who can evaluate things like a person’s career trajectory before their injury and the availability of alternative employment.

The result is a projection of a future income loss that reflects the reality of the person’s situation.

Pain, suffering, and loss of quality of life

Spinal cord injuries affect every aspect of daily life. When a person loses all or a portion of their mobility and independence, the toll is also psychological. These injuries often change how they relate to other people and enjoy activities they once loved.

Pennsylvania law allows recovery for these non-economic damages. Physical pain, emotional distress, and the loss of enjoyment of life are included in these calculations, but they are difficult to determine. There’s no set formula to figure out how a person’s psychological state has been affected after an injury. Juries are asked to consider the full impact of an injury and attempt to assign a value to what has been taken away.

The role of expert testimony and life-care plans

Long-term damages depend heavily on expert testimony. Medical experts explain the nature of the injury and the expected course of care while vocational experts address the impact on employment. An economist can explain how these losses translate into financial terms.

One of the most important tools in these cases is a life-care plan. A life-care plan is a detailed report that outlines the injured person’s future needs. It includes projected medical care, therapy, equipment, and other supportive services they may need over the course of their life.

How Pennsylvania law treats catastrophic injuries

Spinal cord injuries are often considered catastrophic because of their lasting impact. Pennsylvania law doesn’t impose a fixed cap on most damages in personal injury cases, which means the focus is on proving the full extent of the loss.

The burden of proof, however, is on the injured party. They’ll need to provide clear, credible evidence because insurance companies may challenge long-term projections when large sums are involved. It’s important that people with spinal cord injuries hire a qualified Pennsylvania personal injury attorney to help protect their rights.

Preparing for the future

There’s no simple way to measure what your spinal cord injury may have taken from you. The law tries to address it in practical terms, but the reality is that once a case is resolved, you don’t get a second chance to account for anything that was missed.

The team at Carmody and Ging, Injury & Accident Lawyers can help. We know that insurance companies often fight back, downplay injuries, and offer lowball settlement amounts that won’t come close to protecting your future needs. If you’re suffering from a spinal cord injury, contact our office today to find out how we can help. There’s no obligation, and we look forward to helping you make sure your future isn’t left to chance.