A spinal cord injury can have life-long, devastating impacts on you and your family. In one instant, the entire course of your life can change, leaving you with medical bills, uncertainty, fear and anxiety to grapple with every day. Spinal cord injury victims are not alone — the team at Alvine Law Firm in Sioux Falls, SD, offers comprehensive support and litigation to help them obtain compensation.
Understanding the various factors involved in spinal cord injury compensation in South Dakota can help victims and their families seek restitution. In this guide, the team at Alvine Law Firm explores the legal process of filing a lawsuit after a spinal cord injury.
Understanding Spinal Cord Injuries
Spinal cord injuries can be complete or incomplete. Complete spinal cord injuries result in the total loss of feeling and mobility below the injury site. Incomplete spinal cord injuries can leave some feeling or movement, but it is impaired.
Because the spinal cord is the pathway your brain uses to communicate with the body, any type of injury can cause severe impairments. There are many potential causes for a spinal cord injury, including medical malpractice or negligence, accidents and falls.
Long-Term Impacts
Spinal cord injuries can take years to recover from, and some patients never fully regain sensation or movement. Other patients are permanently paralyzed as a result of their injury, leaving their families in the position of full-time caretakers.
In the most severe cases, spinal cord injuries between vertebra C1-C4 prevent victims from being able to breathe on their own. Injuries to the thoracic spine can impact breathing ability for life, but the exact extent depends on the location and severity of the injury.
Spinal cord injuries can result in permanent disability and a reduced quality of life. There is physical and emotional suffering for the victim, psychological pain for their families and financial hardship due to medical treatment and ongoing care.
Seeking legal compensation could help support victims and their families to ensure they are able to receive the best treatment and maintain the highest quality of life possible after their injury.
Legal Basis for Compensation
South Dakota codified laws 15-2-14(3) set the statute of limitations for filing a lawsuit. A victim has three years after the date of their injury to seek legal compensation.
In South Dakota, courts operate on a comparative fault system. This means that victims can sue for compensation even if they are partially responsible for their injury. The court determines the percentage of fault for each party to determine compensation.
Simplified, this means that the court will calculate each person’s level of fault as a percentage, and deduct the victim’s percetnage from the amount of money they receive as compensation.
Plaintiffs can recover damages if their fault is considered “slight” compared to the defendant’s “gross” fault. This means that the victim must not be more responsible for their injury than the defendant.
South Dakota also has a 50% bar rule, which means that the plaintiff cannot recover any damages if they are found to be more than 50% responsible for their injury.
Types of Compensation Available
There are two types of compensation you can seek for a spinal cord injury in South Dakota: economic and non-economic.
Economic Damages
Any financial losses a victim or their family sustains due to a spinal cord injury is considered an economic damage. These damages include:
- Medical expenses
- Lost wages
- Cost of medical treatment, rehabilitation and medical devices
South Dakota does not cap economic damages, so you can sue for as much as you see fair.
Non-Economic Damages
Pain, suffering, anxiety and reduced quality of life all classify as non-economic damages. These are damages you cannot easily give a monetary value but have a serious impact on your well-being.
In medical malpractice cases, can sue for up to $500,000 in non-economic damages. (S.D. Codified Laws section 21-3-11.) This includes lawsuits against physicians, surgeons, physical therapists, chiropractors, nurses, first responders, and hospitals.
Non-economic damages cover losses that do not have a monetary value, such as quality of life, pain and suffering, stress, anxiety and scarring and disfigurement. Spinal cord injury victims and their families have a right to sue for non-economic damages, as well as economic losses due to medical treatment, rehabilitation and ongoing care.
Punitive Damages
In cases related to recklessness, negligence or malice, victims can file lawsuits for punitive damages. These damages are designed to punish the responsible parties for their actions and give the victims compensation for their losses and suffering.
In order to recover punitive damages, the victim must provide clear, convincing evidence that the defendant committed egregious conduct.
Examples of Egregious Conduct Warranting Compensation
- Deliberate actions that led to a spinal cord injury
- Fraudulent behavior, such as falsifying safety reports
- Gross negligence, such as ignoring safety protocols or failure to notify victims of the risk of injury
As of February 2024, there is no cap on the amount of punitive damages someone can recover in South Dakota. However, the court must first grant the plaintiff permission to sue for punitive damages before they can proceed with a lawsuit. The court must also give permission for the plaintiff’s legal team to present a punitive damages claim to a jury.
Steps to Take After a Spinal Cord Injury
After a spinal cord injury, the process of seeking legal compensation unfolds in several steps:
Filing a Claim
The victim or their family should contact a personal injury attorney in South Dakota. The attorney will consult with them to determine if the circumstances surrounding the injury qualify for compensation under South Dakota law.
The lawyer can then draft a demand letter, which outlines the details of the injury, identifies the responsible party, and states the value of the victim’s claim.
Lawyers can help victims determine how much they can legally sue for, ensuring that they are seeking the fairest and highest amount permitted under state law.
Discovery and Pre-Trial Procedures
The attorney will perform a process of discovery to learn more about the case and build a strong argument that supports the plaintiff’s claim.
Settlement Negotiations
If a defendant is willing to pay for a spinal cord injury claim, then they may be able to reach a settlement with the plaintiff and their attorney without going to court. Settlements can reduce stress and suffering and result in faster compensation. However, some defendants will not settle for the desired amount, or they may only agree to settle if the plaintiff agrees to drop certain claims.
Trial Process
If a settlement cannot be reached, the personal injury case goes to trial. A jury is selected by the state, and the plaintiff and defendant’s legal team provide opening statements. Witness testimonies can be involved, as well as expert witnesses such as medical doctors and psychologists.
Both parties present their evidence, then deliver closing arguments. The jury will determine whether the defendant is at fault, and if they are found guilty, the judge will determine compensation and any other punitive measures against the defendant.
Factors Influencing Compensation Amounts
There are several factors that can influence compensation for a spinal cord injury in South Dakota, including:
- The severity of the injury
- The victim’s percentage of fault
- The amount of evidence and documentation available
Because South Dakota adjusts compensation based on the victim’s degree of fault, the final amount they receive may be lower than the actual amount they were awarded.
Long-Term Considerations and Support
To support a victim’s recovery after a spinal cord injury, it is important to plan ahead. Financial struggles can be devastating to families, which is why managing a compensation fund is so valuable. It can help caregivers provide their loved one with the highest quality of life possible.
It is also important to seek emotional and mental health care after a spinal cord injury. The long-term psychological impacts of such an injury can be difficult to cope with; support groups and therapy can both be valuable resources to a victim and their families.
Conclusion
Individuals who suffer a spinal cord injury can sue for compensation in South Dakota. The team at Alvine Law Firm in Sioux Falls, SD, is here to help file personal injury claims and recover well-deserved compensation.
Your lawyer will fight tirelessly on your behalf. Schedule a free consultation today at https://alvinelaw.com/contact/.