What Types of Compensation Can You Claim for a Spinal Injury?

What Types of Compensation Can You Claim for a Spinal Injury?

Various types of compensation may be available to individuals who have suffered a spinal cord injury in an accident. What you can claim depends on several factors, including your type of spinal cord injury and how it’s impacted your life. 

Spinal injuries are among the most life-altering traumas a person can experience. Whether they result from a car crash, fall, or workplace accident, these injuries often carry devastating physical, emotional, and financial consequences. The spine is central to nearly every movement and function in the human body, and damage can lead to chronic pain, reduced mobility, and even paralysis.

If you or a loved one suffered a spinal injury due to someone else’s carelessness or negligence, it’s essential to understand your legal rights. One of the most critical steps in your recovery, aside from medical treatment, is seeking fair compensation. A personal injury claim or lawsuit can help cover the costs of your recovery and hold the responsible party accountable.

But what exactly can you be compensated for in a spinal injury case? A spinal injury lawyer can help calculate your claim’s value, navigate Texas’ two-year deadline, and deal with the insurance company for you.

Understanding the Impact of Spinal Injuries

Before diving into the specific categories of compensation, it's important to understand the gravity of spinal injuries. These injuries vary in severity, from herniated discs and fractured vertebrae to partial or complete spinal cord damage resulting in paraplegia or quadriplegia.

Some common causes of spinal injuries include:

• Motor vehicle accidents
• Slips, trips, and falls
• Sports injuries
• Acts of violence
• Workplace accidents

Regardless of how the injury occurred, spinal trauma often results in significant and long-term consequences. Many victims experience:

• Loss of mobility or motor function
• Chronic pain and stiffness
• Bowel and bladder control issues
• Muscle spasms
• Emotional distress, anxiety, and depression
• Inability to work or live independently

These challenges can affect every aspect of life, and that’s precisely why compensation is so crucial.

Categories of Compensation in Spinal Injury Cases

Victims of spinal injuries may be entitled to several types of compensation, depending on the specifics of the case. These fall into two main categories: economic damages and non-economic damages. In some cases, punitive damages may also apply.

Let’s break down each type:

Medical Expenses

Medical bills are often the largest component of a spinal injury claim. These costs can start accumulating from the moment of the accident and continue for months or years afterward.

You may be entitled to compensation for:

• Emergency care and ambulance transportation
• Hospitalization and intensive care
• Surgeries and follow-up procedures
• Imaging tests like MRIs, CT scans, and X-rays
• Prescription medications
• Medical devices (wheelchairs, braces, etc.)
• Rehabilitation and physical therapy
• Occupational and speech therapy
• In-home nursing care or assistance

Even future medical costs—such as additional surgeries or lifelong treatment—can be included in your claim if supported by expert testimony.

Lost Income

A spinal injury can severely limit your ability to work, sometimes temporarily, other times permanently. Compensation for lost wages is intended to make up for income you would have earned if not for the injury.

This may include:

• Time missed from work for recovery and treatment
• Missed promotions or lost job opportunities
• Loss of employer-provided benefits (health insurance, retirement plans, etc.)

To prove this loss, documentation such as pay stubs, employer statements, or tax returns may be used.

Loss of Earning Capacity

In more serious cases, a spinal injury may prevent you from returning to your previous job, or any form of gainful employment. That’s where loss of earning capacity comes in.

This type of compensation estimates the difference between what you could have earned before the injury and what you're now capable of earning (if anything) going forward.

Courts typically consider:

• Your age and life expectancy
• Work history and education
• Physical limitations caused by the injury
• Expert testimony from vocational and economic specialists

If your career has been permanently derailed, this portion of your claim can be significant.

Pain and Suffering

Unlike medical bills or lost wages, pain and suffering damages compensate for the physical pain and emotional anguish caused by the injury.

This may include:

• Chronic back or neck pain
• Limited mobility or permanent disability
• Emotional distress, anxiety, or depression
• Loss of enjoyment of life
• Sleep disturbances
• Physical disfigurement

Pain and suffering is inherently subjective, but it reflects the real, personal toll that a spinal injury takes on a victim’s quality of life.

Emotional Distress and Mental Anguish

Spinal injuries don’t just affect the body—they also impact the mind. Victims may struggle with grief over lost independence, depression due to chronic pain, or PTSD from the traumatic event itself.

Compensation for emotional distress can include:

• Anxiety and panic attacks
• Depression and mood disorders
• Loss of motivation or interest in daily life
• Psychological counseling or therapy

In some cases, mental health issues can be just as debilitating as physical limitations, and they deserve to be recognized.

Loss of Consortium

Spinal injuries affect relationships. When a person is unable to provide the same companionship, affection, or support to a spouse or partner, loss of consortium damages may be available.

This type of compensation is usually awarded to spouses, and it may reflect:

• Loss of intimacy or sexual function
• Strain on the relationship due to caregiving responsibilities
• Loss of companionship or emotional support

Though often overlooked, this form of compensation recognizes the ripple effects of a serious injury on the entire family.

Home and Vehicle Modifications

For individuals with limited mobility or paralysis, home and vehicle modifications may be necessary to maintain independence and quality of life.

These expenses can be recovered and may include:

• Installing wheelchair ramps, stair lifts, or elevators
• Remodeling bathrooms for accessibility
• Lowering countertops or widening doorways
• Equipping vehicles with hand controls or lifts

These modifications can be costly but are often essential for day-to-day functioning after a spinal injury.

Long-Term or Lifetime Care Costs

Some spinal injuries require ongoing, 24/7 care. Whether provided at home or in a professional facility, this care can include:

• Personal care aides
• Nursing home services
• Long-term rehabilitation
• Supervision to prevent bedsores, infections, or injuries

These costs can be astronomical over a lifetime, which is why they must be carefully calculated and included in a compensation claim.

Punitive Damages (in Rare Cases)

In cases where the defendant’s conduct was especially reckless or malicious, punitive damages may be awarded. These are not meant to compensate the victim but rather to punish the wrongdoer and deter similar behavior.

Examples of conduct that may justify punitive damages:

• Driving under the influence of drugs or alcohol
• Intentional acts of violence
• Repeated safety violations in a workplace

While not applicable in every case, punitive damages can substantially increase the overall value of a claim.

How Is Spinal Injury Compensation Calculated?

Every spinal injury case is unique. As such, the value of a claim depends on a variety of factors, including the severity of the injury, the long-term consequences, and how the injury has disrupted your life.

Here’s a closer look at how compensation is typically calculated:

The Extent and Permanence of the Injury

One of the biggest factors influencing a spinal injury claim is the degree of severity. A minor herniated disc with a good prognosis will not carry the same value as a spinal cord injury resulting in paralysis.

Some questions that influence calculations include:

• Is the injury permanent or temporary?
• Does it involve complete or incomplete paralysis?
• Will the victim need assistance with daily activities?
• Is the individual able to return to any form of employment?

Generally, the more catastrophic the injury, the higher the potential compensation.

Medical Treatment and Recovery Timeline

A longer, more complicated recovery, especially one involving surgeries, rehabilitation, or future medical care, can significantly increase the value of your case.

Insurance companies and courts consider:

• The total cost of past and ongoing treatment
• The expected need for future procedures or therapies
• Expert medical opinions on prognosis and recovery

Keeping detailed records of all medical expenses is essential to maximizing this portion of your compensation.

Impact on Employment and Earning Potential

If your injury forces you to change careers, work fewer hours, or stop working altogether, the financial fallout can be profound. The difference in your pre- and post-injury income is a key component in calculating lost earning capacity.

Factors include:

• Your age, skillset, and experience
• Whether you can be retrained for another role
• Economic projections of what you would have earned

A vocational expert may be brought in to evaluate your employment options and help quantify these losses.

Emotional and Psychological Impact

While it’s more difficult to assign a dollar value to pain and suffering or emotional distress, these damages are still a vital part of your claim. Legal teams often use multiplier methods or per diem calculations to determine compensation.

For example:

• A multiplier may be applied to your economic damages (e.g., 1.5x to 5x your medical bills) depending on the intensity of your suffering.
• Alternatively, a daily dollar amount may be assigned to each day of your suffering, multiplied by the number of days you've endured the injury's effects.

Testimony from mental health professionals, family members, or the injured party can help support this claim.

Shared Fault and Comparative Negligence

In Texas, the modified comparative negligence rule applies. That means your compensation may be reduced or eliminated based on your share of fault in the accident.

Here’s how it works:

• If you're less than 51% at fault, your compensation is reduced by your percentage of fault.
• If you're 51% or more at fault, you cannot recover any damages.

For instance, if you are found 20% at fault and your total damages are $500,000, you would be eligible to receive $400,000.

This makes it critical to build a strong, evidence-based case that accurately reflects who was truly responsible.

Why Legal Representation Matters in Spinal Injury Claims

Spinal injury cases are some of the most complex and high-stakes personal injury claims. They often involve large sums of money, long-term medical projections, and aggressive pushback from insurance companies trying to reduce or deny your compensation.

Here’s why working with an experienced personal injury lawyer is essential:

Accurate Valuation of Your Claim

Attorneys with experience handling spinal injury cases know how to fully evaluate your claim, including future medical costs, reduced earning potential, and intangible losses like pain and suffering. Without legal guidance, many injury victims accept settlements far below what they’re truly owed.

Access to Expert Witnesses

To build a strong case, legal teams often rely on expert testimony from:

• Medical professionals
• Life care planners
• Vocational rehabilitation specialists
• Economists

These experts can provide powerful evidence that supports the value of your claim and your need for long-term support.

Navigating Legal Deadlines and Procedures

In Texas, personal injury lawsuits are subject to a two-year statute of limitations. This means you generally have two years from the date of the injury to file a lawsuit.

If you miss this deadline, you may lose your right to seek compensation altogether.

An attorney will ensure all filings are handled on time and in compliance with state law.

Dealing with Insurance Companies

Insurance companies are not on your side. Their goal is to pay out as little as possible, and they may use tactics like lowball offers, recorded statements, or delays to frustrate victims into settling for less.

A personal injury lawyer can take over all communications, negotiate on your behalf, and protect you from these strategies.

Contact a Trusted Personal Injury Lawyer 

Spinal injuries are life-changing, but they do not have to define your future. With the right support, you can secure the resources you need to adapt, heal, and regain a sense of stability.

At Lorenz & Lorenz, PLLC, we understand how stressful this process can feel. You’re dealing with pain, stress, uncertainty, and often, a fight with insurance companies that seem indifferent to your suffering. That’s why we’re here: to shoulder the legal burden, so you can focus on healing.

Our experienced team has helped countless injury victims in Austin, Waco, Killeen, Temple, and beyond recover meaningful compensation after serious accidents. We treat every client like family, offering compassionate counsel, aggressive advocacy, and 24/7 availability when you need us most.

There are no upfront costs. You don’t pay unless we win. And if you can’t come to us, we’ll come to you.

Don’t wait to get help. Contact Lorenz & Lorenz, PLLC today at (512) 477-7333 or through our online form for a free case consultation. Let us fight for the justice and compensation you deserve.

Schedule a Free Case Evaluation