Pennsylvania Spinal Cord Injury Lawyer
Paraplegia and quadriplegia are the most financially quantifiable catastrophic injuries there are — and the most frequently undervalued. The lifetime cost of care runs into the millions, and the only way to recover it is to prove it, line by line.
Written and legally reviewed by Sean P. Quinlan, Esq., PA Attorney ID 86858 — Last updated
A Pennsylvania spinal cord injury lawyer can investigate responsibility and document how lasting impairment affects care, accessibility, and work. Most negligence-based injury lawsuits have a two-year deadline under 42 Pa.C.S. § 5524. Quinlan Law Group can review evidence and urgent legal decisions while your treating team continues evaluating recovery and rehabilitation needs.
What sets Pennsylvania spinal cord injury cases apart
Liability is usually the smaller fight. The real battleground is the life-care plan: how many attendant care hours per day, for how many years, at what hourly rate, with what equipment replacement cycle. Every one of those variables is contested.
The level and completeness of the injury — measured on the ASIA Impairment Scale — drives everything downstream. C4 tetraplegia with ventilator dependence, C6 tetraplegia with limited hand function, and T10 paraplegia produce dramatically different care plans and different damages.
Secondary complications are not speculative. Pressure injuries, neurogenic bladder and recurrent urinary infection, autonomic dysreflexia, spasticity, heterotopic ossification, and shoulder degeneration from manual wheelchair propulsion are predictable and must be priced into the plan.
Available insurance is frequently insufficient, which makes finding every liable party — motor carrier, contractor, product manufacturer, premises owner, and every layer of excess coverage — the difference between a funded life-care plan and an unfunded one.
Pennsylvania reduces future damages to present value under the total-offset method of Kaczkowski v. Bolubasz, 421 A.2d 1027 (Pa. 1980), so the economic methodology is as important as the medical testimony.
How we build your spinal cord injury case
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Immediate preservation of the vehicle, machine, or scene, and retention of a reconstruction or engineering expert before the evidence is repaired or salvaged.
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Coverage investigation: every defendant, every policy, every excess and umbrella layer, and any applicable UM/UIM coverage in the client's own household.
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Retention of a certified life-care planner and physiatrist experienced in spinal cord medicine, working from the treating team's recommendations rather than a template.
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Vocational assessment and forensic economic analysis of lost earning capacity and the present value of the life-care plan.
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Home-modification and assistive-technology assessment, structured settlement analysis where appropriate, and Medicare/Medicaid lien and set-aside planning run in parallel with the litigation.
What you may be entitled to recover
Pennsylvania law allows victims of spinal cord injurys to recover both economic and non-economic damages. The categories below apply to most Pennsylvania cases — the specific value of your claim depends on the facts.
- The full projected lifetime cost of medical care, attendant and skilled nursing care, and case management
- Durable medical equipment across a lifetime — manual and power wheelchairs, cushions, standing frames, lifts, hospital bed, and replacement cycles
- Accessible home modification or purchase, and an accessible vehicle with conversion and periodic replacement
- Lost wages and lost earning capacity across the full remaining work life, with benefits and pension included
- Pain and suffering, disfigurement, embarrassment and humiliation, and loss of the pleasures of life
- Loss of consortium for a spouse, including the loss of intimacy and the assumption of a caregiving role
- Wrongful death and survival damages where complications of the injury prove fatal
Pennsylvania spinal cord injury law at a glance
| Rule | What it means | Authority |
|---|---|---|
| General filing deadline | Most negligence-based injury lawsuits have a two-year deadline; verify the starting date and any exceptions. | 42 Pa.C.S. § 5524 |
| Government notice | A claim involving a government defendant may require notice within six months, apart from filing suit. | 42 Pa.C.S. § 5522 |
| Shared fault | For negligence claims governed by this rule, your fault reduces damages; more than 50% bars recovery. | 42 Pa.C.S. § 7102 |
| Commonwealth defendants | Immunity exceptions and damages restrictions apply; the general cap is $250,000 per plaintiff and $1 million per occurrence. | 42 Pa.C.S. § 8528 |
| Local agency defendants | Immunity exceptions and damages restrictions apply; the general cap is $500,000 in the aggregate. | 42 Pa.C.S. § 8553 |
What must be proved in a Pennsylvania spinal cord injury claim?
A negligence claim requires proof of duty, breach, causation, and damages. A serious diagnosis does not by itself prove that another party is legally responsible.
The investigation starts with the event: a collision, fall, defective condition, or other incident. Identify who controlled the relevant vehicle, equipment, or property and what evidence explains the alleged failure. Different legal theories may require different proof; a product claim should not simply be treated as an ordinary driving-negligence case.
Medical records then help connect the incident to the injury and document its consequences. A spinal cord injury is not interchangeable with every neck or back injury. Use the treating team’s diagnosis rather than assuming that pain, a fracture, or surgery establishes cord damage.
Where cognition or memory also changed, discuss that with clinicians and review the brain injury page. Concurrent injuries can affect rehabilitation and planning. Each claimed limitation needs support rather than being attributed automatically to a single diagnosis.
How does an uncertain recovery affect my legal claim?
An evolving prognosis calls for careful documentation, not a promise about permanent function. Legal deadlines may require action before rehabilitation establishes a stable picture.
Early hospital descriptions may change as specialists assess sensation, movement, and practical independence. Keep follow-up records and ask treating clinicians to explain what is known, what remains uncertain, and which recommendations apply now. Do not treat a label in an early chart as a complete forecast of future abilities.
For the claim, distinguish present needs from projected needs. A recommendation for assistance during discharge may not establish the same level of care for life. Conversely, improvements in one activity may leave substantial limits in another. The evidence should reflect that complexity.
Counsel can investigate liability and preserve rights while medical assessment continues. No lawyer should tell you to stop rehabilitation or avoid an appropriate activity to maintain the appearance of disability. A credible claim accounts for progress and setbacks without asking the evidence to predict more than clinicians can support.
How are home assistance and accessibility costs documented?
Accessibility and care costs need a practical, individualized basis. Recommendations, assessments, and reliable estimates help explain what is necessary and why.
Start with the actual living arrangement. Door widths, stairs, bathroom access, transfers, and transportation may present different barriers in different homes. Preserve discharge recommendations and obtain appropriate professional input before assuming a particular renovation or vehicle is the only solution. An estimate should identify the work and explain the connection to documented limitations.
Care planning also distinguishes skilled services, personal assistance, household help, and tasks the person can perform independently. Record what relatives actually do, including time and frequency, without assuming unpaid assistance will always remain available. Avoid counting the same hours under several categories.
Equipment projections should address replacement, maintenance, and likely changes where supported. The broader catastrophic injury page explains future-loss planning. A detailed list is only useful if its assumptions are medically grounded and its costs can withstand review.
What evidence should be preserved after an accident causing spinal cord injury?
Preserve incident evidence and records of functional changes. Counsel can address third-party records while the injured person and family focus on treatment.
Save photographs, witness details, incident reports, and messages about the event. Identify the location of involved vehicles, machinery, or damaged equipment before repairs or disposal occur. A preservation request does not itself retrieve evidence or guarantee retention.
For daily consequences, keep a manageable record of appointments, assistance, transportation, and missed work. Retain receipts with enough context to explain what was purchased and why. Separate injury-related expenses from ordinary household spending rather than assuming every later expense belongs in the claim.
Original records matter. Do not alter the only copy of a photograph, reconstruct messages, or coach witnesses to describe facts they did not observe. Bring whatever information you have. The first conversation can identify gaps without requiring your family to finish the investigation beforehand.
How long do I have to sue for a spinal cord injury?
Most Pennsylvania negligence-based injury lawsuits have a two-year deadline under 42 Pa.C.S. § 5524. A government-related claim may also require notice within six months.
The urgency of surgery, rehabilitation, and discharge planning can make a lawsuit feel remote. Still, a pending insurance investigation generally does not stop the filing clock. Ask counsel to verify the deadline using the event date and the particular claims rather than assuming treatment must finish before legal action begins.
Under 42 Pa.C.S. § 5522, public defendants can create an earlier notice issue. Identify any public vehicle, public property, or government employer associated with the incident. Notice requirements, immunity exceptions, and the lawsuit deadline are separate questions; satisfying one does not necessarily satisfy the others.
If the injured person is a child or cannot make decisions, representation and timing need individualized review. Physical dependence alone does not establish legal incapacity. Do not assume that hospitalization or a severe diagnosis creates extra time to file. Early advice can protect options while recovery remains the priority.
Can shared fault or limited insurance reduce a spinal cord injury recovery?
Yes. Supported damages, legal responsibility, and collectible coverage are separate issues. A large projected care need does not guarantee funds sufficient to meet it.
Pennsylvania’s comparative negligence rule, 42 Pa.C.S. § 7102, generally reduces damages by the claimant’s fault and bars recovery above 50% fault in covered negligence claims. Investigate how the incident occurred rather than accepting an insurer’s percentage. The medical severity does not resolve disputed responsibility.
Government claims present additional limits. Sections 8528 and 8553 restrict damages against Commonwealth and local agency defendants, subject to applicable law. A potentially relevant immunity exception must also be established. Do not assume public ownership means that all losses can be recovered from a government budget.
Insurance analysis should identify the policies and parties actually implicated by the facts. Multiple policies do not necessarily stack, and multiple defendants do not automatically make each responsible for the entire loss. Counsel should explain those uncertainties before a settlement proposal is measured against projected lifetime expenses.
What should I review before settling a spinal cord injury claim?
Review the release, future-care assumptions, deductions, and any benefit implications before committing. Settlement commonly ends the released claims even if needs later increase.
Ask what the proposed payment is intended to cover and which people or businesses would be released. If several potential defendants exist, the effect of settling with one deserves specific legal review. Do not assume a document preserves remaining claims merely because only one insurer sent it.
Consider the net funds available after fees, expenses, and any valid repayment obligations. Future-care planning should account for important uncertainties without pretending that every possible complication is inevitable. Benefits planning or a proposed payment structure may require additional professional advice tailored to the injured person’s circumstances.
An immediate housing or equipment need may create pressure to sign. Tell counsel about that pressure so available options can be discussed. Evaluating an offer means comparing the evidence, legal risks, timing, and practical alternatives, not promising that trial will produce a larger or fully collectible recovery.
Mistakes that hurt Pennsylvania spinal cord injury claims
- Equating independence with no loss
Document the time, equipment, and assistance behind an activity, not just its completion.
- Assuming family care is permanent
Record actual assistance and discuss sustainable arrangements with the care team.
- Signing without net figures
Ask about deductions and future obligations before accepting a gross settlement amount.
What happens after you call us
- Identify immediate risks
We review deadlines, preservation issues, and requests already received from insurers.
- Organize proof
We identify liability records and documentation of care, accessibility, and employment changes.
- Plan decisions
We discuss unresolved questions and the next practical steps without predicting a result.
Call (717) 724-7503 now or submit your spinal cord injury case — the two-year clock is already running.
Why hire Sean Quinlan
I am Sean P. Quinlan, Esq. At Quinlan Law Group, I approach spinal cord injury claims with attention to both responsibility and practical consequences: getting home, obtaining assistance, and understanding future work and care questions. I explain what the evidence supports and where uncertainty remains. Contact the firm to discuss your circumstances and the next legal decision.
Pennsylvania spinal cord injury guides
What a spinal cord injury case actually requires
The first time I sat with a client in an acute rehabilitation unit three weeks after a C6 injury, his question was not what the case was worth. It was whether he would be able to get back into his own house. That is the honest center of these cases. The legal work — the depositions, the expert reports, the mediation — exists to answer that question and the hundred that follow it.
Spinal cord cases are unusual in personal injury work because the damages are so calculable. There is a well-developed body of medical literature on the cost of care by injury level and age at injury, a professional discipline of life-care planning built specifically for this population, and a recognized economic methodology for reducing those figures to present value. That does not make the cases easy. It makes them technical, and it means the side with the better-supported plan wins the number.
This is the most severe end of my catastrophic injury practice. Because high-energy trauma frequently causes both, many of my spinal clients also have a documented or undocumented brain injury — see the traumatic brain injury page. Missing a concurrent TBI in a spinal case is common and expensive.
Paraplegia, quadriplegia, and what the classification means for your case
Tetraplegia (quadriplegia) results from injury at the cervical level and affects the arms, trunk, legs, and pelvic organs. Injuries at C1–C4 frequently involve partial or complete ventilator dependence and require twenty-four-hour attendant care. C5–C8 injuries preserve progressively more upper-extremity function; the difference between C6 and C7 — whether a person has functional triceps and can transfer independently — has an enormous effect on the number of attendant care hours a plan must fund.
Paraplegia results from thoracic, lumbar, or sacral injury, spares the arms, and affects the trunk and legs to varying degrees depending on level. Many paraplegic clients live independently with a manual wheelchair, an accessible home, and an adapted vehicle. That independence is genuine and it is also expensive to establish and maintain — and it comes with a well-documented risk of shoulder degeneration from years of manual propulsion and transfers, which the plan must anticipate.
Complete versus incomplete. The ASIA Impairment Scale grades injuries A through E. A complete injury (ASIA A) means no motor or sensory function preserved in the lowest sacral segments. Incomplete injuries — including central cord, Brown-Séquard, and anterior cord syndromes — preserve some function and carry more uncertain prognoses. Defense experts exploit that uncertainty, arguing that an incomplete injury will improve more than the treating team expects. Neurological recovery generally plateaus within twelve to twenty-four months, and settling before that plateau is a serious mistake.
Secondary conditions. These are not speculative add-ons. Pressure injuries requiring flap surgery, neurogenic bladder with recurrent urinary tract infection and renal risk, autonomic dysreflexia in higher injuries, spasticity requiring baclofen management or a pump, neuropathic pain, respiratory complications, osteoporosis and fragility fracture, and depression are all foreseeable and all belong in a properly built plan.
How Pennsylvanians sustain spinal cord injuries
- Motor vehicle collisions. The leading cause. High-energy frontal and rollover crashes, and rear-end impacts involving significant intrusion, produce burst fractures and cord injury. Ordinary car accident mechanics apply, but the damages analysis does not — these cases require UM/UIM investigation from day one because policy limits are so often inadequate.
- Truck and tractor-trailer crashes. The energy involved in a commercial vehicle collision makes cord injury far more likely, and the layered commercial coverage is often the only realistic source of funding for a lifetime care plan. Federal motor carrier records, ECM data, and driver logs must be preserved immediately.
- Motorcycle crashes. Riders sustain thoracic and lumbar fractures at high rates in ejection events. See motorcycle accidents.
- Falls from height on construction sites. Unprotected leading edges, defective or missing fall-arrest systems, unstable scaffolding, and ladder failures are the mechanism in most of the occupational spinal injuries I handle. The workers' compensation claim is only part of the picture; the third-party case against a general contractor, another subcontractor, or an equipment manufacturer carries the damages comp does not. See construction accidents and the workers' comp vs. third-party comparison.
- Diving and pool incidents. Shallow-water diving injuries produce cervical cord damage and typically involve premises liability, inadequate depth marking, or absent warnings.
- Medical causes. Surgical injury, delayed diagnosis of cauda equina syndrome or epidural abscess, and anesthesia complications produce cord injury through negligent care, litigated under the MCARE Act.
How the lifetime cost of care is calculated
The life-care plan is the case. A certified life-care planner — typically a rehabilitation nurse or certified rehabilitation counselor with spinal cord experience — interviews the client and family, reviews the entire medical record, conferences with the treating physiatrist and specialists, evaluates the home, and produces an itemized schedule of everything the injury will require for the rest of the client's life.
A defensible plan itemizes, at minimum:
- Attendant and skilled nursing care — hours per day, skill level required, and hourly rate drawn from actual regional wage data rather than national averages. This is usually the largest line item, and in high tetraplegia it can exceed everything else combined.
- Physician and therapy services — physiatry, urology, pulmonology, wound care, psychology, and maintenance physical and occupational therapy at defined frequencies.
- Durable medical equipment — power and manual wheelchairs, pressure-relief cushions, standing frame, patient lift, shower chair, hospital bed, and ventilator or respiratory equipment where applicable, each with a documented replacement cycle and maintenance cost.
- Medications and supplies — catheters, bowel program supplies, wound care, antispasticity and neuropathic pain medication, priced annually.
- Home modification or accessible housing — ramping, door widening, roll-in shower, accessible kitchen, environmental controls, and generator backup for ventilator-dependent clients. Where modification is not feasible, the cost differential of accessible housing.
- Transportation — accessible vehicle with conversion, plus periodic replacement across the life expectancy.
- Anticipated complications — projected hospitalizations for pressure injury, urologic complications, and surgical revisions, at expected frequencies.
- Case management — professional coordination hours, which are a legitimate and frequently omitted cost.
The planner produces annual costs. The forensic economist then applies a life expectancy — adjusted for injury level using recognized spinal-cord-injury data, which the defense will contest — and reduces the stream to present value. Pennsylvania's total-offset rule from Kaczkowski v. Bolubasz, 421 A.2d 1027 (Pa. 1980), presumes future inflation offsets the discount rate, and medical-cost inflation historically outpacing general inflation is an argument that has to be made carefully within that framework.
Lost earning capacity is calculated separately: the pre-injury earnings path a vocational expert establishes, less any residual earning capacity that remains realistically available given the injury, with fringe benefits and pension contributions included and worklife expectancy applied.
The rules that govern a spinal cord claim
Deadline. Two years from the date of injury, 42 Pa. C.S. § 5524(2). Six-month written notice for claims against Commonwealth or local agencies, 42 Pa. C.S. § 5522(a), with damages caps of $250,000 per plaintiff and $1,000,000 aggregate against Commonwealth parties under 42 Pa. C.S. § 8528(b) and $500,000 aggregate against local agencies under 42 Pa. C.S. § 8553(b). Where a road-design or maintenance defect contributed, those caps make identifying additional private defendants essential.
Comparative fault. 42 Pa. C.S. § 7102 bars recovery only if the plaintiff's causal negligence exceeds the defendants' combined share; otherwise the award is reduced proportionally. See the comparative negligence FAQ.
Tolling. The discovery rule of Fine v. Checcio, 870 A.2d 850 (Pa. 2005), and the jury-question holding of Wilson v. El-Daief, 964 A.2d 354 (Pa. 2009), apply where the injury or its cause was not reasonably discoverable — relevant in delayed-diagnosis cord cases such as missed cauda equina syndrome.
Products. Where a defective restraint system, seat, roof structure, machine guard, or fall-protection component contributed, the strict-liability framework of Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), governs the defect analysis.
Medical care after the injury. Negligent post-injury treatment is litigated under the MCARE Act, 40 P.S. § 1303.101 et seq., with a Pa.R.C.P. 1042.3 certificate of merit; the statute of repose at 40 P.S. § 1303.513 was struck down in Yanakos v. UPMC, 218 A.3d 1214 (Pa. 2019).
Delay damages. Pa.R.C.P. 238 compensates for the delay in payment and is a meaningful component in cases that take years to resolve.
Fatal outcomes. Where complications prove fatal, the claim proceeds under the Wrongful Death Act, 42 Pa. C.S. § 8301, and the Survival Act, 42 Pa. C.S. § 8302. The comparison guide explains how the two differ.
What costs spinal cord clients the most
- Settling before neurological plateau. Recovery from an incomplete injury generally plateaus between twelve and twenty-four months. Resolving before then means guessing at the level of function that will define the rest of your life — and the guess is always in the carrier's favor.
- Accepting policy limits without a full coverage investigation. A quick limits tender on a $100,000 policy feels like relief and can foreclose claims against an excess carrier, a co-defendant, or your own household UIM coverage. Never sign a release before every layer has been identified.
- Letting the defense define the life-care plan. Defense planners routinely cut attendant care to a few hours a day, price equipment without replacement cycles, and use national rather than regional wage data. Those assumptions must be attacked line by line with the treating team's support.
- Overlooking a concurrent brain injury. High-energy trauma causes both. A cord injury dominates the acute care and the head injury goes undocumented — which means it goes uncompensated.
- Ignoring Medicare set-aside and lien planning until the end. These issues shape settlement structure. Addressed late, they cost real money and delay distribution.
- Undervaluing the spouse's claim. Loss of consortium in a spinal injury case — where a spouse becomes caregiver and the marital relationship is fundamentally altered — is substantial and separately compensable.
- Discontinuing therapy because insurance stopped paying. The gap in the record becomes the defense's evidence of stability, and the underlying deconditioning is real.
- Choosing a lawyer who has never funded a case like this. Properly developing a spinal cord case costs six figures in expert work advanced by the firm. Ask directly whether the firm can and will carry it.
The path from acute care to resolution
Acute phase. I do not push clients to make decisions during acute care. What I do immediately is preserve evidence, identify coverage, and take the burden of insurer communication off the family. Everything else can wait until you are out of the ICU.
Rehabilitation phase (months 1–12). Inpatient and then outpatient rehabilitation. I coordinate with the treating physiatrist, retain the life-care planner, and begin the home and vehicle assessments — partly for the case and partly because the family needs those answers regardless.
Case development (months 6–18). Liability discovery, reconstruction or engineering analysis, corporate depositions, vocational assessment, and the economic report. Suit is filed within the limitations period and typically well before it.
Expert discovery. The defense will retain its own physiatrist, life-care planner, economist, and vocational expert, and will depose mine. This phase is where the case number is really determined.
Mediation. Most spinal cord cases resolve at mediation after expert discovery, often with a structured component to guarantee lifetime funding. I bring the life-care plan and the economist's present-value calculation into that room as the framework for discussion.
Trial. Where the offer will not fund the plan, we try the case. I prepare every one of these for trial from the outset, and the carriers know it.
After resolution. Lien negotiation, set-aside compliance, structure funding, and — where needed — special needs trust planning so a recovery does not disqualify a client from benefits they still require.
Working with Sean Quinlan on a spinal cord case
These cases require a firm willing to spend money and time before it earns anything. A properly developed spinal cord case means a certified life-care planner, a physiatrist, a vocational expert, a forensic economist, an accident reconstructionist or engineer, and often a home-accessibility consultant. I advance those costs, and I do not take a case I am not prepared to fund through trial.
I also keep the volume low. A spinal cord client needs a lawyer who knows the difference between C6 and C7 function, who has read the entire rehabilitation record rather than the discharge summary, and who can explain in a mediation why the defense planner's six hours of attendant care per day is not a serious proposal. That is not work that can be delegated to a case manager.
You will have my direct number. I handle the depositions and the mediation personally, and I will tell you honestly when an offer is fair and when it is not. If a case calls for expertise I do not have, I bring in co-counsel and put the fee arrangement in writing before you agree to anything.
Contingency fee. No cost to you unless I recover. More about the firm and how I work.
Where we handle these cases. I take catastrophic cases across the Commonwealth, and most of them come from the population centers where the trauma centers are: Philadelphia, Pittsburgh, Allentown, Harrisburg, and Scranton. I also handle claims countywide in Philadelphia County, Allegheny County, and Montgomery County, where venue and jury pool differences can meaningfully change what a case is worth.
Corridors, courts, and trauma centers
Trauma center guides for families
What to document and expect while a loved one is in trauma care.
Where these cases are litigated
How injury cases move through Pennsylvania's busiest civil courts.
Talk to Sean Quinlan about your spinal cord injury case.
No Fee Unless We Win. You may be responsible for certain case costs and expenses in addition to the fee, as explained in your written fee agreement. Call now or request a free case review and Sean Quinlan will personally evaluate your case.
Pennsylvania Spinal Cord Injury Lawyer FAQs
How much does a spinal cord injury cost over a lifetime?
It depends primarily on the level and completeness of the injury and the age at injury. Published rehabilitation research consistently puts lifetime costs for high tetraplegia in the millions of dollars, with paraplegia lower but still substantial. Rather than rely on published averages, I have a certified life-care planner build an individualized plan from your treating team's recommendations and regional cost data, which is what a court and a carrier will actually credit.
What is the difference between paraplegia and quadriplegia?
Quadriplegia (tetraplegia) results from injury at the cervical level and affects the arms, trunk, and legs; the highest injuries can involve ventilator dependence. Paraplegia results from thoracic, lumbar, or sacral injury and spares arm function. The distinction — and the exact level within each — drives the number of attendant care hours, the equipment needed, and therefore the value of the claim.
How long should I wait before settling?
Until your neurological status has plateaued, which is generally twelve to twenty-four months after injury for an incomplete injury, and until the life-care plan is complete. Settling earlier means accepting a number based on an uncertain level of function, and the uncertainty is always resolved in the carrier's favor. Filing suit preserves your rights while the medicine develops.
What if the at-fault driver's insurance is not enough?
That is common in these cases and it is why the coverage investigation matters so much. I look for every layer: excess and umbrella policies, additional defendants such as an employer or vehicle owner, a motor carrier's commercial policy, a product manufacturer, and your own household underinsured motorist coverage, which can sometimes be stacked. Never accept a limits tender before that investigation is finished.
Can I recover the cost of modifying my home and vehicle?
Yes. Accessible home modification — ramping, door widening, roll-in shower, accessible kitchen, environmental controls — and an accessible vehicle with conversion are standard, recoverable elements of a life-care plan, including periodic vehicle replacement across your life expectancy. Where modification of an existing home is not feasible, the cost differential for accessible housing can be claimed.
Is future medical care reduced for inflation?
Pennsylvania applies the total-offset method adopted in Kaczkowski v. Bolubasz, 421 A.2d 1027 (Pa. 1980), which presumes that future inflation offsets the discount rate when reducing future losses to present value. The economic methodology is contested in most spinal cord cases and is a significant driver of the final number, which is why the economist's qualifications matter.
Can my spouse recover anything?
Yes. A spouse has an independent loss of consortium claim covering the loss of society, companionship, services, and marital relations. In a spinal cord case, where a spouse typically assumes a substantial caregiving role and the marital relationship is permanently altered, that claim is significant and should never be treated as an add-on.
How long do I have to file, and what does it cost to hire you?
Generally two years from the date of injury under 42 Pa. C.S. § 5524(2), with a six-month notice requirement if a government entity is involved. There is no cost to hire me — spinal cord cases are handled on a contingency fee and I advance the expert and litigation costs, which in these cases are substantial. There is no attorney fee unless I recover for you. You may be responsible for certain case costs and expenses in addition to the fee, as explained in your written fee agreement.