Back & Spinal Cord Injury Attorneys
LOSS OF ENJOYMENT OF LIFE
Generally not subject to expert testimony, general damages, including
the loss of enjoyment of life, pain and suffering, emotional distress,
embarrassment and humiliation, and psycho-social maladies, including
depression, are significant elements of damage in spinal cord injury
The plaintiff, depending on degree of physical impairment, is trapped
in a body that does not work. The plaintiff cannot perform simple
tasks. Scratching a nose is a luxury lost.
While sensation to certain parts of the body may have been lost, pain
may nonetheless be experienced elsewhere. For example, bed sores which
have developed in an area with sensory perception will be as painful to
the spinal cord injury victim as anyone else.
Unless rehabilitation is commenced immediately, and even when it is, a
spinal cord injury victim
is prone to extreme depression, frustration,
and at times, a lack of a will to live. While expert testimony is
generally not admissible regarding the computation of a dollar amount
for a general damage award, expert testimony should be used to validate
depression and the emotional well being (or lack thereof), of the
victim. Psychiatrists, psychologists, and neuropsychologists should be
utilized to discuss the diagnosis of depression, the impact of
medication and the prognosis of the plaintiff's emotional condition.
In addition to experts, lay witnesses, including family members, close
friends, relatives, etc. should be used to establish the plaintiff's
Physical disabilities in a spinal cord injury case can be
disheartening. The true invisible injury, however, the general damages,
are no less disheartening to endure.
Extensive time must be spent by counsel in order the breadth of the general damages is understood and communicated to the jury.
If you or someone you know has suffered
a spinal cord injury or serious injury to the spine,
you need the assistance of The Scarlett Law Group.
today to speak with a California Personal Injury Attorney.