Spinal Cord Injury

Answers to the most frequently asked questions about spinal cord injury cases.

1. Who can sue for a spinal cord injury?

Answer: Anyone. A child or adult whose injury was caused by someone else’s negligence.

2. Who can be held responsible for a spinal cord injury?

Answer: Anyone who was negligent.

3. What type of investigation should be done regarding a spinal cord injury?

Answer: There should be an investigation done as soon as possible, which would include an interview with the investigating police officer, obtaining witness statements, obtaining photographs of the scene of the injury, and an analysis of the location of the accident scene, meetings with ambulance personnel, emergency room doctors and treating physicians and therapists.

4. What types of insurance cover a spinal cord injury?

Answer: In the event of an auto collision, the liability insurance of the defendant (called the tortfeasor) would be liable to cover all of the damages up to their policy limits. There may by uninsured and underinsurance coverage available if the defendant had low policy limits.

In the event a pedestrian or non-driver was at fault for the injury, the homeowner’s insurance policy of the pedestrian may provide defense and liability coverage.

5. What damages am I entitled to recover for a spinal cord injury?

Answer: Colorado allows an injured person to obtain economic and non-economic damages. The economic damages include past and future wage losses and lost earning capacity, plus past and future medical expenses. Non-economic damages include pain, suffering, emotional distress, impairment and disfigurement.

6. How soon after a spinal cord injury should I bring a case?

Answer: Motor vehicle cases have a (3) three-year statute of limitations, however all negligence actions, which are not motor vehicle related have a (2) two-year statute of limitations.

If your case is against RTD, or a governmental entity, a notice must be provided to the governmental entity within (6) six months of the date of the injury.

If the injured party is under the age of 18, the statute of limitations begins running on their 18th birthday. Hence, the statue of limitations in a motor vehicle collision expires on a minor’s 21st birthday and on there 20th birthday for a general negligence claim.

The statute of limitations for a medical malpractice case is (2) years.

7. What are the chances that my spinal cord injury case will settle out of Court?

Answer: The overwhelming majority of cases (in excess of 90%) of spinal cord injury claims settle out of court.