According to a 2024 report by the National Spinal Cord Injury Statistical Center (NSCISC), approximately 300,000 people in the U.S. live with a spinal cord injury (SCI), and there are over 18,000 new cases of SCIs in the U.S. each year. An SCI is one of the most traumatic injuries possible after an accident—often a car crash. This type of injury can change the course of your life, taking away your mobility and motor function permanently.
The skilled personal injury lawyers at Peterson Law Firm understand that the decisions you make in the days and weeks following a life-altering SCI are critical for helping to ensure that you obtain fair compensation from the negligent party. Even simple mistakes can seriously limit your ability to get the support, care, and compensation you need. Here, we discuss what you need to know about common mistakes SCI accident victims make and why it’s important to avoid them.
SCIs Explained
An SCI is damage to the spinal cord. This collection of nerves and nerve fibers sends and receives signals from the brain. The spinal cord extends from the lower part of the brain down through the lower back, and when you suffer an injury to the spinal cord or the tissue and bones surrounding it, this damage can cause temporary or permanent changes in what you feel and how your body functions below the injury point. It’s possible to have a complete or incomplete injury.
SCIs are classified based on function. When a nerve in the spinal cord is injured, the nerve location and number are often used to describe how much damage there is. The American Spinal Injury Association established the international standard for categorizing SCIs. The five levels of spinal cord injuries are as follows:
- ASIA A Complete
- ASIA B Sensory Incomplete
- ASIA C Motor Incomplete
- ASIA D Motor Incomplete
- ASIA E Normal
Mistakes Accident Victims Make After Sustaining an SCI
When you suffer an SCI and seek compensation for negligence, you want to do everything possible to ensure a fair settlement. But there are many unintentional missteps you can make that can jeopardize your case. It’s important not to do the following:
#1. Don’t Settle Quickly
Victims of SCIs often feel financial pressure soon after the accident. Not only do medical bills start coming in, but many families lose the victim’s income, and/or a spouse has to take significant time off work to care for the injured family member. Insurance companies understand that money may be a significant issue after an SCI, so they try to take advantage of the situation by offering a quick settlement.
Initially, the offer may feel reassuring and a way to relieve the worry over incoming bills. However, the first offer from an insurance company is usually far less than what you’ll need for long-term care. It’s important that your compensation for damages accounts for the full scope of your injuries and what you’ll need in the future—not just your immediate bills. The settlement should include medical costs, ongoing care needs, lost wages and future earning capacity, pain and suffering, modifications to home and vehicle, and family support costs—including a possible reduction in the work hours of a spouse.
Once you accept a settlement from the insurance company, you’re unable to reopen your case at a later date, even if your injuries worsen or new medical conditions develop because of the initial injury. That’s why it’s essential to determine the long-term costs of the injury before making any decision, so you can protect both your well-being and your future.
#2. Don’t Wait to Collect Evidence
It’s important to document the incident sooner than later. Over time, eye-witness memories fade, evidence disappears, and it’s too late to get additional photos of the accident scene. While it makes sense that victims need to focus on surviving an SCI, failing to document the incident as thoroughly as possible can be problematic if you pursue legal action. If you need help, ask a friend or family member to help you with the following:
- Write down what happened, in detail. Include the location, time, names of witnesses, and what you believe led to the accident injury.
- Take photos as soon after the accident as you can. If a car accident caused your SCI, it’s important to capture the intersection or road where the accident took place, skid marks, damaged signs, vehicle damage, and any hazardous condition you think contributed to the accident. Also, photograph your injuries.
- Preserve evidence. It’s important to keep the clothing you were wearing when you were injured or other items related to the accident.
- Keep a journal. Track the symptoms you have following the accident. You should include your pain level, what type of limitations you’re facing, and how you feel emotionally as you adjust to life after your SCI. Even if you haven’t decided whether to file a personal injury claim, having this information can be extremely helpful if you do pursue compensation later.
#3. Don’t Skip Medical Appointments
When you see a doctor after being diagnosed with an SCI, your medical records form the foundation for your injury claim. It’s important to show that you sought medical care immediately, followed all of the doctor’s orders, followed the treatment plan, and never missed an appointment. If you do, an insurance company can argue that your injuries aren’t as serious as you claim—or that you made them worse by ignoring your doctor’s orders.
For example, if your doctor prescribes physical therapy, make sure it’s documented in your files and you’ve scheduled or are attending physical therapy appointments. Don’t miss these appointments unless you have a very good excuse—and make sure that it’s documented with your health care provider.
Additionally, save any written instructions from your doctor, specifically about rest, mobility issues, and how they want you to proceed with ongoing care. Track your prescriptions, and get doctor notes that specifically state what the medication is being used for. The more thorough your documentation, the harder it is for insurers to minimize or deny your claim.
#4. Don’t Post About Your SCI on Social Media
Your spinal cord injury may be serious, but it may not have permanently paralyzed you. If you’re still able to use your hands or move around at some level, it may be tempting to write about your injury on social media. Especially if you have friends and family who live out of state or far away, you may want them to know what happened and that you’re alive, and you may also want to give periodic updates on your condition.
This is always a bad idea, even if your social media platforms have strict privacy settings. It’s in your best interests to stop using social media as a way of communication while you’re recovering. Often, insurance companies and the lawyers of the at-fault party will use your postings to prove that you weren’t seriously injured. For example, if you left your home to go to a doctor’s appointment, an insurance adjuster might photograph you hobbling to your car. It won’t matter if your wife was driving you or you could barely walk; the photograph may appear like you’re quite able to move around. Insurance companies will use many underhanded tactics to make it look like you’re not injured the way you claim.
Peterson Law Firm for Your SCI Claim
A spinal cord injury may change your life, but it doesn’t have to destroy your future. The Peterson Law Firm knows how to fight for the full and fair compensation you deserve—so you can access the care, resources, and dignity you need to move forward with your life. Contacting our skilled personal injury attorneys helps give you the best chance of protecting your rights and maximizing your recovery. Read our case results to learn how we’ve helped other clients seek compensation for their SCI.