Spinal Cord Injuries
Table of Contents
More than half of all Canadians currently living with spinal cord injuries (SCIs) sustained them through some kind of traumatic event such as a motor vehicle collision, slip and fall accident, assault, or sports accident. Sustaining an SCI can be emotionally overwhelming, socially isolating, and enormously expensive.
Trauma that causes one or more of an accident victim’s vertebrae to break can cause damage to their spinal cord. Since the spinal cord acts as a superhighway for the brain to send signals to other parts of the body, an SCI can affect many physiological areas, including sensations, strength, and motor abilities. If the spinal cord is injured, neurological impulses may be impeded, leading to loss of mobility and sensation.
The location of the injury on an accident victim’s body determines the extent of paralysis. If the injury is sustained higher up on the body, more extremities may be affected. The levels of injury are differentiated as follows:
- Quadriplegic: Injuries in the spine’s upper region cause paralysis in the victim’s arms, trunk, legs, and pelvic region (including bowels and the bladder).
- Paraplegic: Injuries in the spine’s thoracic or lumbar regions affect the lower portion of the body, but do not affect the accident victim’s arms.
People who sustain permanent, catastrophic injuries such as SCIs face monumental difficulties. Adjusting to life with a disability is one of the most challenging experiences a person can face in their lifetime. And in addition to the physical and psychological ramifications of losing one’s mobility, sustaining SCIs can cause accident victims to endure financial insecurity.
If you were injured in an accident caused by another party or entity’s negligence, schedule a free initial consultation with our Ontario personal injury lawyers to learn about options for financial recovery that might be available to you. Call 1-800-JUSTICE today.
Damages That Might Be Available
Depending on the circumstances of your injury-causing accident, you may be entitled to different amounts of compensation. Our personal injury lawyers serving Ontario will be able to review possible courses of action you may be entitled to take during your free initial consultation.
If you sustained a permanent, catastrophic injury like an SCI as the result of a motor vehicle collision, regardless of who was at-fault for the accident, you should be able to recover accident benefits through your automobile insurance provider. In accordance with the province’s Statutory Accident Benefits Schedules (SABS), catastrophically injured car accident survivors may be entitled to:
- Up to $1 million for medical expenses and attendant care
- Up to $100 per week for housekeeping services and home maintenance
- Income replacement payments of 70% of a policyholder’s regular earnings (up to a maximum of $400 per week)
- And possibly more
That said, accident benefits alone will most likely not cover the total financial losses incurred by car crash survivors who have sustained SCIs. Furthermore, no funding is allocated through the SABS to compensate catastrophically injured accident victims for the non-economic damages they have sustained, like pain and suffering. Oftentimes, damages with no monetary value have an even greater impact on an injured accident survivor’s overall quality of life.
If someone else’s negligence caused your accident to occur– either behind the wheel of a car, on another person’s property, or in another setting– our Ontario personal injury lawyers may be able to help you file a civil claim against the at-fault party. With the help of our personal injury lawyers, you may be able to recover the maximum amount of damages to which you are entitled.
Book Your Free Initial Consultation Today
Learn more about how Preszler Injury Lawyers may be able to get you the justice, accountability, and financial restitution you deserve. Contact us today to book your free initial consultation with our personal injury lawyers serving all of Ontario.
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Personal Injury FAQs
Here are some commonly asked questions for personal injury claims
What does a lawsuit look like?
Every personal injury lawsuit is generally comprised of five main parts. The length of time each part takes can vary depending on the complexity of your case. Your lawyer will help you through each stage by providing tailored advice and strong legal representation.
You can expect:
- Statement of Claim: This is a formal document that initiates the personal injury claim against the at-fault party (or individual you are suing).
- Examination for Discovery: This is a meeting where you and your lawyer will ask the opposing party questions about the claim, the accident, fault, and anything else that is deemed relevant. The opposing party will also have the opportunity to ask you questions.
- Gathering of Evidence: Your legal team will gather a variety of evidence on your behalf to strengthen your claim. This might include medical records, police reports, images from the accident scene, witness testimony, expert opinions, and more.
- Mediation: If you would like to attempt to settle without going to trial, you will likely undertake mediation. Mediation involves you and the opposing party negotiating the terms of your settlement with the assistance of a neutral third party.
- Trial: If you are unable to reach a settlement during mediation, your claim will proceed to trial. During trial, your lawyer will present your case and the evidence they have gathered before a judge (and sometimes a jury). Once complete, the judge will decide the final amount of compensation you’re entitled to.
It’s important to note that a majority of personal injury claims are settled through mediation, out of court. Our Toronto personal injury lawyers help guide clients through each of these stages, so they don’t have to navigate the legal complexities alone.
How much will I have to pay for lawyers’ fees?
Our personal injury lawyers work on a contingency-fee basis, meaning we only get paid if you win your case. A percentage of the settlement you receive will go towards lawyers’ fees. There are no upfront, out-of-pocket payments required.
What type of compensation can I expect to get?
When you’re injured in an accident due to someone else’s negligence, there are many different types of compensation you may be eligible to receive. The amount and kind will depend on the severity of your injury and the specifics of your case.
Common damages you might claim include:
- Pain and suffering
- Out-of-pocket expenses
- Loss of income
- Housekeeping losses
- Medical costs
- Legal costs
- And more
Our experienced Toronto personal injury attorneys will help maximize what you can recover by exploring your case and eligibility in depth. We aim to ensure that the compensation you receive reflects not only your current suffering, but the lifelong effects that your accident may have in the future.
When can I sue for non-pecuniary general damages (e.g. pain and suffering, loss of enjoyment of life, etc.)?
In Ontario, you can sue for non-pecuniary damages if you have suffered a permanent and serious impairment of an important physical, mental, or psychological function, or permanent, serious disfigurement. This is known as the “threshold.” If you meet this threshold, you can sue for general damages such as pain and suffering, loss of enjoyment of life, and other similar losses.
How long will it take to settle my case?
The length of time it takes to settle a case depends on several factors, including the complexity of the case, the extent of your injuries, and whether the other parties involved are willing to settle. Some cases can be settled in a few months, while others can take years.
How long will the process take?
The length of time a personal injury claim can take varies widely according to the specifics of your case. While some cases settle in a matter of months, some can take anywhere from two to four years.
Some factors that affect the duration of personal injury claims include:
- Complexity of your injuries
- Each party’s willingness to settle
- Whether a claim goes to court
- Insurance company cooperation
- Availability of evidence
- And more
When liability is clear or injuries/damages are more clearly documented, cases may move faster. A personal injury lawyer will make sure the process keeps moving, although sometimes delays (like court backlogs) are unavoidable. Seeking personal injury legal advice early may help you streamline your timeline.
How long do I have to sue?
In Ontario, generally speaking you have two years from the date of your injury-causing accident to file a claim. However, based on the circumstances of your individual case, this timeline could be subject to additional limitations.
Do I have a strong case?
After taking advantage of a free initial consultation with our personal injury lawyers, the strength of your case can be evaluated based on the evidence available and the specific circumstances of your accident. Our personal injury lawyers offer case-specific legal feedback to help you understand the strengths and weaknesses of your case and advise you on legal options that might be available.