After a life-altering spinal cord injury, this question is about security, long-term care, and your family’s future. While every case is unique, spinal cord injury (SCI) settlements in Washington frequently range from several hundred thousand to multiple millions of dollars.
The vast range exists because the final value is not based on an average number. It is a meticulously calculated figure based on the specific, lifelong impact the injury has on your life. This includes everything from medical bills and lost income to the loss of daily function and the simple joys you once knew.
Insurance companies are businesses, which means they must conduct a thorough investigation to determine the value of a claim while balancing that against their bottom line. Building a strong case requires a detailed accounting of every past, present, and future cost. Our role at Pendergast Law is to ensure every consequence of your injury is documented and valued correctly so you pursue the maximum compensation available under the law.
If you have questions about your situation and what your next steps should be, call Pendergast Law for a straightforward conversation about your case. Our number is (206) 620-0707.
Key Takeaways for Valuing a Spinal Cord Injury Claim
- Your settlement value is calculated based on your unique, lifelong needs. Relying on an "average" settlement figure is risky because it fails to account for your specific medical care, age, and future earning potential.
- Compensation includes both economic and non-economic damages. This covers tangible costs like medical bills and lost income, as well as the intangible impact on your quality of life, such as pain, emotional distress, and loss of enjoyment.
- Washington’s comparative fault rule may affect your final award. The court assigns a percentage of fault to each party, and your total compensation is reduced by your share of the blame, so a strong defense is necessary to protect your claim's full value.
Why There Is No "Average" Spinal Cord Injury Settlement
In the search for answers, you may have come across online calculators or articles promising an "average" settlement figure. These tools are misleading. Using a generic number is risky because it does not account for the specifics of Washington state law, your age, your profession, or the unique severity of your injury. Relying on an incomplete valuation means you could be left with uncovered medical expenses years from now.
Spinal cord injuries are broadly categorized into two main types, each creating vastly different needs and, therefore, different settlement values.
Incomplete SCI
An incomplete injury means the spinal cord still sends some signals to or from the brain. You may retain some level of function, sensation, or movement below the injury site. The prognosis and required care vary widely, making a personalized valuation absolutely necessary.
Complete SCI:
A complete injury results in a total loss of motor and sensory function below the point of injury. This is further broken down into two primary conditions:
- Tetraplegia (or Quadriplegia): This affects the arms, hands, trunk, legs, and pelvic organs.
- Paraplegia: This affects all or part of the trunk, legs, and pelvic organs. First-year costs for paraplegia are typically lower than those for quadriplegia.
A settlement's purpose is to provide for a lifetime of care, and since no two lives or injuries are identical, no two settlements should be, either. The following sections walk you through how a comprehensive and fair valuation is built from the ground up.
Calculating the Tangible Costs: What Are Economic Damages?
The foundation of any spinal cord injury claim rests on calculating the tangible, out-of-pocket losses you have and will continue to incur. In legal terms, these are called "economic damages." They are the direct, calculable financial losses resulting from your injury. At Pendergast Law, we work with medical and financial analysts to project these costs over your entire lifetime, ensuring nothing is overlooked.
Current and Future Medical Expenses
This category is the most significant financial component of any SCI claim. It goes far beyond the initial hospital bill. We document and project the cost of everything you will need to live with your injury, including:
- Surgeries and Hospitalization: Covering initial trauma care and any future procedures needed to manage complications.
- Rehabilitation and Therapy: Including physical, occupational, and vocational therapy to maximize your independence.
- Medications and Medical Supplies: The lifelong cost of prescription drugs, catheters, and other necessary supplies.
- Diagnostic Imaging: MRIs, CT scans, and X-rays needed for ongoing monitoring.
- In-Home Nursing Care: The potential need for skilled nursing assistance, whether part-time or around the clock.
Costs of Living with a Disability
A spinal cord injury rewrites the script of daily life, and your physical environment must adapt accordingly. These costs are a direct result of the injury and are recoverable. We account for necessary modifications such as:
- Home Modifications: Installing ramps, widening doorways to accommodate a wheelchair, and creating accessible bathrooms and kitchens.
- Specialized Medical Equipment: The cost of advanced wheelchairs, hospital-style beds, patient lifts, and other durable medical equipment.
- A Modified Vehicle: The expense of purchasing and outfitting a van or car with hand controls, lifts, and other adaptive technology to restore your ability to travel.
Lost Wages and Diminished Earning Capacity
The financial impact of an SCI extends directly to your ability to provide for yourself and your family. The law allows you to pursue compensation for both the income you've already lost and the income you will lose in the future.
- Lost Wages: This is a straightforward calculation of the paychecks you have missed since the date of your injury.
- Loss of Earning Capacity: This is a more complicated and forward-looking calculation. If your injury prevents you from returning to your previous job or forces you into a lower-paying field, we calculate the difference. We determine your pre-injury earning potential over your expected career lifespan and subtract your post-injury earning potential. Proving this requires compelling testimony from vocational experts and economists, which we are prepared to secure.
Valuing the Human Impact: What Are Non-Economic Damages?
Some of the most devastating losses from a spinal cord injury will never appear on a receipt or an invoice. How do you put a dollar value on the inability to hold your child, the loss of companionship with your spouse, or the simple freedom to go for a walk? These are real losses that deserve to be recognized.
The legal system acknowledges this through "non-economic damages." This concept means you are compensated for the physical and emotional toll—the quality-of-life losses—you have suffered. While no amount of money undoes the harm, this compensation is intended to provide a measure of justice for these intangible losses.
The primary categories of non-economic damages include:
- Pain and Suffering: This compensates you for the physical pain, chronic discomfort, and trauma of the injury itself, as well as the arduous medical treatments that follow.
- Emotional Distress: This covers the direct psychological impact of the injury. It is common for SCI survivors to experience anxiety, depression, fear, grief, and Post-Traumatic Stress Disorder (PTSD).
- Loss of Enjoyment of Life: You have a right to be compensated for the loss of your ability to participate in hobbies, recreational activities, and life's simple pleasures that you once took for granted.
- Loss of Consortium: This is a separate but related claim that may be filed by your spouse or, in some cases, other family members. It compensates them for the loss of companionship, support, affection, and intimacy that results from your injury.
Determining a fair value for these damages requires a deep understanding of your life before the injury and the ways it has been permanently altered. It involves telling your story in a compelling way, supported by testimony from you, your family, and medical professionals.
What Other Factors Adjust Your Settlement Amount?
Once all economic and non-economic damages have been calculated to determine the full value of your claim, other legal factors influence the final amount you may receive.
Washington’s Pure Comparative Fault Rule
Washington law recognizes that sometimes more than one person is responsible for an accident. Under our state's "pure comparative fault" rule, documented in RCW 4.22.005, you may recover compensation even if you were partially at fault for the incident that caused your injury.
Here’s how it works: the court assigns a percentage of fault to each party involved. Your total compensation award is then reduced by your percentage of fault. The role of our firm is to gather all available evidence to ensure no amount of blame is unjustly put on you.
The Three-Year Statute of Limitations
The law sets a strict deadline for filing a lawsuit. In Washington, you generally have three years from the date of the injury to file a personal injury lawsuit. If you miss this deadline, the court will almost certainly dismiss your case, and you will lose your right to pursue compensation forever. We advise speaking with a law firm sooner rather than later to preserve your legal rights.
Insurance Policy Limits
In most cases, compensation comes from the at-fault party's insurance policy. These policies have a maximum payout limit. If your calculated damages exceed this limit, it may become necessary to identify other sources of recovery. This could involve your own underinsured motorist (UIM) coverage or, in some cases, pursuing the personal assets of the at-fault party. Understanding these limits early on is a key part of forming a realistic legal strategy.
Frequently Asked Questions About Spinal Cord Injury Claims
Will I have to go to court to get a settlement?
The vast majority of spinal cord injury cases are settled out of court through negotiations. Insurers typically prefer to negotiate a fair settlement rather than face the expense and uncertainty of a trial, particularly when the evidence of liability and the extent of the damages is strong and well-documented.
How long will it take to resolve my case?
Complicated cases involving catastrophic injuries like an SCI take anywhere from one to three years, and sometimes longer, to resolve. The timeline depends on several factors, including the time it takes for you to reach what is known as "maximum medical improvement," the complexity of the evidence, and the willingness of the insurance company to negotiate fairly.
Should I accept the first offer from the insurance company?
Initial offers from insurance companies are typically low and fail to account for the full, lifetime cost of your injury. Always have any offer reviewed by a law firm that has deep experience handling catastrophic injury claims before you sign away your rights.
What are punitive damages, and can I get them in Washington?
Punitive damages are a special category of compensation intended to punish a defendant for exceptionally reckless or malicious behavior. However, Washington state law generally does not allow for punitive damages in personal injury cases, with very few statutory exceptions. Because of this, the focus of your case will almost always be on securing the full amount of compensatory damages (both economic and non-economic) you are owed.
Don’t Wonder About Your Future. Get Clear Answers.
The uncertainty you are feeling right now is completely understandable. But you do not have to manage this difficult process alone. Calculating the true, lifelong value of a spinal cord injury claim is an enormously difficult task—one you should not have to attempt while also trying to heal.
At Pendergast Law, our work is to manage the entire legal process for you. We investigate the accident, gather your medical records, and retain life care planners, economists, and other leading professionals to build a comprehensive picture of your needs. This allows you to focus on what matters most: your health and your family.
Take the first step toward clarity and peace of mind. Call Pendergast Law today at (206) 620-0707 to discuss your case and understand your legal options. The consultation is free, and there is no obligation.