Damages in a catastrophic spinal cord injury lawsuit are calculated by evaluating the losses caused by the injury. These include past and future medical expenses, rehabilitation and care costs, lost income and earning capacity, and non-economic losses such as pain and suffering and loss of enjoyment of life. In Missouri, the amount depends on the evidence supporting those losses, the circumstances of the injury, and the laws that apply to the claim.
A catastrophic spinal cord injury can change your life in ways that are difficult to measure. Medical treatment and rehabilitation may continue for years, while limitations from the injury may affect your ability to work, care for yourself, or participate in activities you once enjoyed. Some of these losses are reflected in bills and financial records, while others require evidence of how the injury has affected your daily life and future.
At SJP Sifers Jensen Palmer, located in Springfield, Missouri, we work with medical, economic, rehabilitation, and employment experts to evaluate your current and future losses. We use medical records, financial information, expert opinions, and other evidence to build a claim based on the full impact of your injury. Call now to schedule a free consultation.
Economic damages cover financial losses that can be supported by bills, records, and other evidence. In a catastrophic spinal cord injury case, these may include:
Past and future medical expenses: Emergency care, surgery, hospitalization, rehabilitation, medications, physical therapy, and follow-up treatment.
Long-term and attendant care: Nursing care, personal assistance, or specialized care.
Lost income and reduced earning capacity: Income lost after the injury and future earnings you may lose because of your limitations.
Home and vehicle modifications: Wheelchair ramps, accessible bathrooms, modified vehicles, and other necessary changes.
Medical equipment and supplies: Wheelchairs, braces, catheters, communication devices, and other ongoing needs.
Missouri law permits evidence of the actual cost of medical care or treatment when the cost is reasonable, necessary, and a proximate result of the defendant's negligence or fault. A life care planner can estimate your future medical and rehabilitation needs, while an economic expert can evaluate the financial impact of those needs and your lost earning capacity. Our legal team works with these professionals to identify and document current and future losses for your claim.
Not every loss comes with a bill. Missouri recognizes non-economic damages for certain personal effects of an injury, including:
Pain and suffering: The physical pain and emotional distress caused by the injury and its lasting effects.
Loss of enjoyment of life: The impact an injury has on your ability to participate in hobbies, sports, social activities, and other parts of your daily life.
Disfigurement: The physical changes or scarring caused by the injury or its treatment.
Permanent impairment or disability: The lasting limitations an injury places on your physical abilities and daily activities.
Loss of consortium: A spouse may have a claim for damages arising from the injury's effects on the marital relationship, where Missouri law permits the claim.
Unlike economic damages, non-economic losses do not have a fixed price on a bill. Evidence about your daily life, limitations, pain, treatment, and long-term prognosis can help demonstrate their impact. The rules can also depend on the type of Missouri claim. For example, Missouri places statutory limits on non-economic damages in certain medical malpractice actions against health care providers.
At SJP Sifers Jensen Palmer, we evaluate the physical and personal effects of your injury and gather evidence to support these losses. Our team can work with medical and other experts to document how the injury affects your daily life and long-term quality of life.
Missouri follows pure comparative fault, which means your compensation can be reduced if you are found partly responsible for your injury. If you are assigned a percentage of fault, that percentage can reduce the amount of compensatory damages you recover. The state’s comparative-fault system does not automatically prevent you from recovering compensation because you share some responsibility for the injury.
For example, if a jury determines that your total compensatory damages are $1 million but finds you 20% at fault, your compensatory recovery may be reduced by your percentage of fault, subject to the rules applicable to your claim.
Missouri law also has specific rules governing how responsibility is allocated among multiple parties. A defendant found to be less than 51% at fault generally is responsible only for that defendant's percentage of the judgment, while a defendant found to be 51% or more at fault may be jointly and severally liable for the judgment, subject to statutory exceptions.
Because fault can directly affect your recovery, the evidence surrounding the accident or other cause of your spinal cord injury matters. At SJP Sifers Jensen Palmer, we investigate how your injury occurred, identify potentially responsible parties, and address allegations that you contributed to your injuries.
Punitive damages are additional damages that may be awarded to punish a defendant for particularly wrongful conduct and discourage similar conduct in the future. They are different from compensatory damages, which are intended to compensate you for losses caused by your injury. Missouri law generally requires a plaintiff to prove by clear and convincing evidence that the defendant intentionally harmed the plaintiff without just cause or acted with a deliberate and flagrant disregard for the safety of others.
Punitive damages are not automatically available in a personal injury claim. A plaintiff generally must obtain the court's permission to add a punitive damages claim by showing a reasonable basis for the claim. Missouri law also sets a general limit on punitive damages, but the Missouri Supreme Court has held that this limit does not apply to certain common-law claims. Whether the limit applies depends on the claim's nature and the case's circumstances.
At SJP Sifers Jensen Palmer, we evaluate the evidence in your case to determine whether the defendant’s conduct may support a claim for punitive damages. Our attorneys can also present the evidence needed to support your claim and seek the compensation available under Missouri law.
A spinal cord injury can lead to expenses that continue long after your initial hospitalization and rehabilitation. These may include ongoing health care, rehabilitation, attendant care, equipment, supplies, home modifications, and losses related to your ability to work.
A life care plan, typically prepared by a medical or rehabilitation professional who understands your condition, can help identify your future needs and estimate their costs. This plan is a detailed assessment of the medical care, services, equipment, and other support you may need in the future because of your injury. It may address future medical treatment, rehabilitation, equipment, supplies, personal care, home modifications, and other services based on your injury and expected needs.
Your claim may include these future costs in addition to expenses you have already incurred, when Missouri law allows those damages. If you are filing a claim against a health care provider, Missouri law has specific rules for future damages, including how they are calculated and when they may be paid through periodic or installment payments.
Calculating damages requires looking beyond your current medical bills. Your claim may also involve future medical care, lost earning capacity, pain and suffering, and other long-term effects of the injury. The amount you may recover depends on the losses supported by the evidence, the circumstances of the injury, fault, and the Missouri laws that apply to your claim.
At SJP Sifers Jensen Palmer, our legal team can review the evidence in your case and assess how your spinal cord injury has affected your medical needs, finances, work, and daily life. As knowledgeable and experienced attorneys, we can help identify losses that may support your claim and present the evidence needed to document them.
Based in Springfield, Missouri, we serve clients throughout Kansas City and the Kansas City Metro Area. Our team has an office in Westwood, Kansas, for those in the area. Call today for a free consultation to discuss your case.
If you have been injured by a defective drug, faulty medical device, or dangerous product, you can take steps early to strengthen your mass tort claim and protect your potential recovery. A mass tort action involves multiple people who allege harm from the same or similar product, conduct, or event, while allowing each person to pursue an individual claim for compensation.
Damages in a catastrophic spinal cord injury lawsuit are calculated by evaluating the losses caused by the injury. These include past and future medical expenses, rehabilitation and care costs, lost income and earning capacity, and non-economic losses such as pain and suffering and loss of enjoyment of life.
A medical malpractice claim can arise during an already painful and uncertain period. When an injury results from medical care, dealing with insurance companies can add another source of stress. Patients and families deserve to have claims evaluated fairly rather than face unnecessary obstacles or unexplained delays.
