## Spinal cord injury claims in West Virginia Spinal cord injuries (SCIs) are among the most catastrophic injuries in personal injury law — often resulting in permanent paralysis, lifetime medical care needs, and dramatically altered lives. West Virginia SCI cases get a 2 years statute of limitations. ## Common causes - **Motor vehicle accidents** — leading cause of SCI in the U.S. - **Falls** — especially in older adults - **Acts of violence** — including gunshot wounds - **Sports / recreational injuries** — diving, contact sports, skiing - **Medical malpractice** — surgical errors, anesthesia errors, missed diagnoses - **Workplace injuries** — construction, manufacturing, heavy equipment - **Defective products** — vehicles, safety equipment, medical devices ## Types of spinal cord injuries **Complete SCI** — total loss of motor / sensory function below injury level **Incomplete SCI** — partial preservation of function **By location:** - **Cervical (C1-C8)** — affects arms, hands, breathing; high cervical = quadriplegia, often ventilator-dependent - **Thoracic (T1-T12)** — affects trunk, legs; paraplegia - **Lumbar (L1-L5)** — affects legs - **Sacral (S1-S5)** — affects pelvis, bladder, bowel, sexual function ## Lifetime cost of SCI Average lifetime costs for severe SCI (per 2020 NSCISC data, adjusted forward): - **High tetraplegia** — $5M+ over lifetime - **Low tetraplegia** — $3M-$4M - **Paraplegia** — $2M-$3M - **Incomplete (any level)** — $1.5M-$2M Costs include: initial hospitalization, surgical interventions, rehabilitation, medical equipment (wheelchairs, ventilators, beds), home modifications, attendant care, lost wages, lost earning capacity. ## Damages typically pursued **Economic damages:** - Past and future medical expenses - Past and future lost wages - Lost earning capacity - Cost of attendant care - Home and vehicle modifications - Adaptive equipment - Vocational rehabilitation **Non-economic damages:** - Pain and suffering (typically substantial) - Loss of enjoyment of life - Permanent impairment / disfigurement - Mental anguish and emotional distress - Loss of consortium for spouses **Punitive damages** in cases of egregious conduct (drunk driver, knowing safety violations). ## Life-care planning Major SCI cases involve **life-care plans** — detailed projections of every cost the injured person will incur for the rest of their life: - Daily medications - Periodic surgeries (pressure sores, neurogenic bladder) - Equipment replacement schedules - Annual nursing / attendant hours - Therapy schedules - Home maintenance / modifications - Transportation needs - Emergency contingencies Life-care plans are prepared by certified life care planners ($10K-$30K typical cost) and form the backbone of damages presentations. ## Specialized experts needed - **Neurologist / spine surgeon** — explain injury and prognosis - **Physical medicine & rehab (PM&R)** specialist - **Life care planner** - **Vocational expert** — earning capacity - **Economist** — present value calculations - **Accident reconstructionist** — for vehicle / fall cases - **Biomechanical engineer** — injury causation - **Day-in-the-life videographer** — captures daily challenges for trial ## Settlement vs trial considerations SCI cases are particularly fact-driven on settlement: - **Insurance limits** — often the deciding factor - **Multiple defendants** — driver, employer, vehicle manufacturer, road owner - **Structured settlements** — common to ensure long-term financial security - **Medicare set-asides (MSAs)** — required when Medicare may have to pay future medical costs - **Special needs trusts** — to preserve government benefits - **Attorney fee structures** — typical 33-40% contingency on serious cases ## Time-critical issues - **Evidence preservation** — crash sites, vehicles, surveillance video disappears fast - **Medical documentation** — photograph injuries, save all bills - **Wage records** for earning capacity - **Social Security Disability application** — separate process; affects damages - **Workers' comp coordination** — for work-related SCIs - **Government claim notice** — for cases involving public roads / vehicles (often 30-180 days) ## What you should do If you or a loved one has suffered a spinal cord injury in West Virginia: focus on medical care first, but get an experienced catastrophic-injury attorney involved early. Most West Virginia catastrophic-injury attorneys work on contingency — no upfront fees — and many specialize specifically in SCI cases. The investment in expert witnesses and life-care planning is substantial; experienced firms front these costs. --- *This guide is general information about West Virginia law as of early 2026 and is not legal advice. SCI cases involve complex damages, expert testimony, and long-term planning. Talk to a licensed West Virginia catastrophic-injury attorney about your specific case.*