In the United States every year nearly 7,000 people sustain spinal cord injuries (SCI) in car accidents.
These injuries can range from minor to severe. Many injuries come with expensive bills for treatment and lifelong care.
If you were injured in a car accident in which another driver was at fault, pursuing compensation from those liable is one way to ease the financial burden.
First get compensation from the driver’s car insurance
New York has a no-fault car insurance system in which the first source of compensation for any car accident injury is the driver’s own personal injury protection (PIP) coverage, regardless of who is at fault for an accident.
If you are injured as a passenger, you will file a no-fault car insurance claim against the insurance policy that covers the vehicle you were riding in.
PIP covers economic costs like medical bills and lost wages only, and often falls short. The payout may not be enough to cover the expenses of more severe injuries, with a policy limit of just $50,000. If multiple passengers were injured you’ll have to split the compensation, too.
According to the Veterans Health Administration, average annual treatment cost for a person with SCI is $21,450; complete and cervical injuries are much more.
When PIP isn’t enough, your best option may be to sue the driver at fault.
How can I sue the driver in my car accident?
First you will need to prove that you sustained a serious injury. New York Insurance Law considers a spinal cord injury as a serious injury if it has resulted in loss of or permanent limits on the use of a limb, or inability to perform daily tasks for at least 90 days.
Gather documentation from your doctors to discuss with your attorney and utilize in pleading your case. A successful lawsuit over a spinal injury can lead to significant compensation for past and future pain and suffering and future economic loss if the injury limits one’s career.
Even greater compensation can be awarded if the driver at fault was more than just negligent, such as if they were driving recklessly or drinking.
Should I accept a settlement or go to trial after sustaining an SCI in a car accident?
Most personal injury cases result in settlements in which you accept compensation in exchange for giving up the right to sue.
An experienced attorney can determine whether the settlement is fair or if you could get more at trial.
Under statute CVP § 214(5) of New York’s Consolidated Laws, you’re allowed three years from the date of your accident to file a lawsuit for personal injuries.
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