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$9,250,000 Defamation Case Win Against The New York Times 8/26
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$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
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$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
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$100,000 Motor Vehicle Accident 5/26
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$420,000 Jail Litigation 5/26
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$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
$50,000 Motor Vehicle Accident 2/26
$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
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$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

$9,250,000 Defamation & False Light 8/26
$6,800,000 Wrongful Death 8/26
$81,000,000 Children Born Addicted (as part of the trial team)
$18,000,000 Product Liability 12/19
$13,000,000 Medical Malpractice – Sexual Assault 8/23
$225,000 Civil Litigation 7/26
$50,000 Motor Vehicle Accident 7/26
$30,000 Medical Malpractice 7/26
$25,000 Motor Vehicle Accident 7/26
$42,690 Motor Vehicle Accident 7/26
$2,759,223 Opioid Litigation 6/26
$70,000 Medical Malpractice 6/26
$25,000 Motor Vehicle Accident 6/26
$100,000 Motor Vehicle Accident 5/26
$25,000 Motor Vehicle Accident 5/26
$420,000 Jail Litigation 5/26
$25,000 Motor Vehicle Accident 5/26
$650,000 Jail Litigation 5/26
$46,937 Opioid Litigation 5/26
$150,000 Wrongful Death – Jail Litigation 5/26
$285,000 Medical Malpractice 4/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$25,000 Motor Vehicle Accident 3/26
$50,000 Motor Vehicle Accident 3/26
$50,000 Personal Injury 3/26
$40,000 Motor Vehicle Accident 2/26
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$32,500 Motor Vehicle Accident 2/26
$42,500 Motor Vehicle Accident 1/26
$30,000 Personal Injury 1/26
$50,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 12/25
$25,000 Motor Vehicle Accident 11/25
$77,500 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 11/25
$25,000 Motor Vehicle Accident 9/25
$25,000 Motor Vehicle Accident 9/25
$26,668 Personal Injury 9/25
$25,000 Personal Injury 9/25
$97,500 Personal Injury 9/25
$25,000 Motor Vehicle Accident 9/25
$100,000 Wrongful Death – Jail Litigation 8/25
$100,000 Wrongful Death 7/25
$45,000 Motor Vehicle Accident 7/25
$200,000 Wrongful Death 6/25
$1,200,000 Wrongful Death – Jail Litigation 6/25
$200,000 Slip & Fall 6/25
$26,000 Motor Vehicle Accident 5/25
$800,000 Jail Litigation 5/25
$925,000 Motor Vehicle Accident 5/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Motor Vehicle Accident 4/25
$700,000 Jail Litigation 4/25
$25,000 Motor Vehicle Accident 4/25
$125,000 Personal Injury 4/25
$20,000 Motor Vehicle Accident 2/25
$1,300,000 Jail Litigation 2/25
$210,000 Slip & Fall 2/25
$100,000 Motor Vehicle Accident 2/25
$975,000 Medical Malpractice 1/25
$4,000,000 Jail Litigation 1/25

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Spinal Cord Injury and Paralysis Lawyer in Mineral Wells

Compassionate Injury Advocacy

Comprehensive Guide to Spinal Cord Injury Claims

Suffering a spinal cord injury or paralysis is life altering, and residents of Mineral Wells and Wood County deserve clear legal guidance during a very difficult time. At Stephen New & Associates in Beckley, we represent people injured in serious accidents and help them pursue compensation for medical care, rehabilitation, adaptive equipment, and lost income. If you or a loved one faces a spinal cord injury, acting promptly preserves evidence, medical documentation, and witness statements that are essential to building a strong claim. Call our office at 304-355-5565 for a free initial consultation and case review tailored to your situation.

Spinal cord injuries can result from a wide range of incidents including motor vehicle collisions, truck crashes, workplace falls, construction accidents, or defective products. These injuries often require long-term medical care, physical therapy, and home modifications, and they can permanently change employment prospects and daily activities. Our practice focuses on helping families understand potential legal avenues, coordinating with medical providers to document care needs, and estimating future costs. We pursue full monetary recovery from responsible parties and insurance carriers so clients can focus on treatment and rehabilitation without bearing the financial burden alone.

Why Legal Action Helps After a Spinal Cord Injury

Pursuing a legal claim after a spinal cord injury helps injured individuals secure funds needed for immediate and lifelong needs, such as surgery, rehabilitation, mobility aids, and home modifications. Legal action creates a structured process for documenting damages, identifying responsible parties, and negotiating with insurers who may undervalue claims. An effective claim can provide compensation for past and future medical care, lost earnings, diminished earning potential, and non-economic losses like pain and loss of enjoyment of life. Timely legal representation also preserves important evidence and ensures deadlines are met so recovery options remain available.

About Stephen New & Associates and Our Approach

Stephen New & Associates is a personal injury law firm based in Beckley serving Mineral Wells and the surrounding areas of West Virginia. Our approach centers on compassionate client communication, thorough investigation, and coordination with medical professionals to document injuries and future care needs. We handle cases involving catastrophic injuries, motor vehicle collisions, workplace incidents, and other events that lead to spinal cord damage. Clients benefit from a contingency fee arrangement, which allows families to pursue compensation without upfront legal costs while we work to secure fair settlements or take claims to court when needed.

Understanding Spinal Cord Injury Claims

A spinal cord injury claim requires a careful compilation of medical records, accident reports, witness statements, and expert input about long-term needs. Key elements include proving negligence or fault, quantifying medical expenses already incurred, estimating future care and rehabilitation costs, and showing how the injury has affected employment and daily living. Building a life care plan with medical and rehabilitation professionals helps clarify future needs and costs, which is often central to demand negotiations and trial presentations. A structured, well-documented claim increases the likelihood of full and timely compensation for both immediate and ongoing losses.

The legal process can involve settlement negotiations with insurers, preparation of medical and vocational evaluations, and, when necessary, litigation. Insurers may attempt to limit payouts by disputing the severity of injuries or assigning partial fault. In response, attorneys coordinate with treating physicians, life care planners, and rehabilitation specialists to demonstrate the extent and permanence of the injury. The timeline varies by case complexity, need for expert analysis, and the willingness of defendants to resolve the claim. Throughout, clear communication about priorities—medical care, rehabilitation, and financial security—guides decision making for injured individuals and their families.

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Key Terms and Glossary for Spinal Cord Claims

Spinal Cord Injury Defined

A spinal cord injury occurs when trauma damages the spinal cord, disrupting nerve signals between the brain and the body and potentially causing loss of sensation and motor function. Severity ranges from partial impairment to complete paralysis below the injury level; consequences include chronic pain, loss of mobility, and secondary health issues such as respiratory complications or pressure sores. For legal purposes, documenting the cause, medical treatment, and long-term prognosis is essential to establish the extent of damages. A clear medical record showing diagnosis, treatment, and rehabilitation needs forms the foundation of a claim seeking compensation for both present and future care costs.

Paralysis and Levels of Injury

Paralysis refers to loss of muscle function and sensation in part of the body due to spinal cord damage. Terms like paraplegia and quadriplegia describe which limbs are affected and indicate the injury level on the spinal column, which influences expected recovery and care requirements. Legal claims rely on medical documentation that explains how the injury impacts daily living, employment, and long-term independence. Establishing the current functional limitations and reasonable expectations for future improvements or ongoing care helps determine appropriate compensation for adaptive equipment, home modifications, attendant care, and lost earning capacity.

Life Care Plan

A life care plan is a comprehensive projection of an injured person’s future medical and support needs and associated costs prepared by medical and rehabilitation professionals. It typically outlines anticipated surgeries, therapy schedules, durable medical equipment, home adaptations, and long-term care services with estimated costs over a lifetime. In legal cases, a well-documented life care plan provides a concrete basis for seeking damages that cover ongoing needs and supports settlement negotiations or trial evidence. The plan helps insurers and jurors understand the real and long-term financial impact of a spinal cord injury on the individual and the family.

Damages in Personal Injury Claims

Damages are the monetary awards sought in a personal injury claim to compensate for losses caused by a defendant’s negligence. Economic damages include medical bills, rehabilitation costs, lost wages, and future care expenses; non-economic damages cover pain and suffering, loss of consortium, and diminished quality of life. In cases of severe spinal cord injury, future economic needs are often substantial, and demonstrating them through medical records, life care plans, and vocational assessments is essential. A carefully prepared damages calculation helps achieve settlements or jury awards that address both immediate and lifelong consequences of the injury.

PRO TIPS

Preserve Medical Records Immediately

Begin by obtaining and safeguarding all medical records, imaging, and treatment notes, as thorough documentation supports every aspect of a spinal cord injury claim. Request copies of hospital records, emergency responder reports, and physician notes, and keep a personal file with bills and correspondence to create a clear chronology of care. Promptly collected records make it easier to calculate damages, support future care needs, and demonstrate the connection between the incident and the injury when negotiating with insurers.

Document Daily Life and Changes

Keep a daily journal describing physical limitations, pain levels, emotional changes, and care needs to create a vivid account of how the injury affects everyday activities. Photos or videos of home barriers, modifications, or mobility challenges can illustrate the need for adaptive equipment or renovations. This personal documentation complements medical evidence, helps assess non-economic losses, and provides persuasive material for settlement discussions or courtroom presentation.

Avoid Quick Insurance Statements

Do not give recorded statements to insurance representatives before discussing your case with legal counsel, as early comments may be used to minimize claims or assign partial fault. Insurance adjusters often seek to limit exposure and may characterize injuries more favorably for their client. Consulting with an attorney before detailed conversations helps protect your rights and ensures statements reflect accurate information about treatment and long-term needs.

Comparing Legal Options for Spinal Cord Injury Cases

When a Comprehensive Approach Best Protects Your Future:

Complex Medical and Long-Term Care Needs

Comprehensive representation is often necessary when spinal cord injuries entail complex medical regimens, extensive future care, and significant functional limitations that affect lifelong needs. These cases require coordination with medical professionals, life care planning, and detailed financial projections to ensure recovery covers all foreseeable expenses. Thorough legal preparation increases the likelihood of securing compensation that addresses both immediate treatment and decades of ongoing care requirements.

Multiple Responsible Parties or Disputed Liability

When liability is contested or multiple parties may share fault, comprehensive legal work helps identify all potential defendants and preserves evidence needed to prove responsibility. Investigations may include accident reconstruction, witness interviews, and review of safety records or maintenance logs to build a convincing case. A methodical approach ensures that each responsible party is evaluated so that compensation seeks maximum available recovery for the injured person and their family.

When a Limited Approach May Be Appropriate:

Minor Injuries with Quick Recovery

A limited approach is more appropriate when injuries are minor, recovery is complete or near complete, and medical expenses are modest and well-documented. In such situations, negotiations with an insurer may resolve the matter quickly without extensive expert involvement or long-term projections. Careful but streamlined handling can reduce legal costs while still securing fair compensation for medical bills and short-term lost wages.

Clear Liability and Minimal Future Costs

If fault is undisputed and future care needs are minimal, a limited legal response can focus on negotiating a reasonable settlement based on current bills and wage losses. These cases typically do not require life care plans or extensive expert testimony, allowing more rapid resolution. Even when pursuing a limited approach, it remains important to document all damages carefully to avoid overlooking compensation for related costs.

Common Circumstances That Lead to Spinal Cord Injury Claims

Motor Vehicle and Truck Accidents

High-impact collisions involving cars, motorcycles, and large commercial trucks frequently cause spinal cord injuries by applying severe force to the spine, leading to paralysis or long-term impairment. These claims often involve complex liability questions, accident reconstruction, and detailed medical documentation to show the connection between the crash and the injury.

Falls and Construction Incidents

Falls from heights and construction site accidents can produce catastrophic spinal trauma, especially when fall protection is lacking or safety protocols are ignored. Claims from these incidents may involve workplace rules, equipment failure, or third-party contractors and require thorough investigation to identify responsible parties and pursue compensation.

Defective Products and Medical Events

Defective safety equipment, malfunctioning vehicles, and surgical complications or medical device failures can all result in spinal cord injuries that give rise to product liability or malpractice claims. These cases often call for medical and technical review to demonstrate how a defect or error caused the injury and what damages are appropriate to address resulting losses.

Mineral Wells Spinal Cord Injury Attorney

Why Choose Stephen New & Associates for Spinal Cord Injury Claims

Stephen New & Associates serves individuals and families in Mineral Wells and throughout Wood County with focused attention on catastrophic injury matters, including spinal cord trauma. Our team assists with evidence preservation, communication with medical providers, and obtaining authoritative assessments of future care needs. We handle negotiations with insurers and, if needed, take cases to court to pursue full compensation. Clients receive attentive case management, clear explanations of options, and help obtaining the resources needed to address medical and lifestyle changes caused by severe injury.

We understand the financial and emotional strain of a major spinal cord injury and prioritize securing compensation that allows clients to focus on recovery and planning. Our office works on a contingency fee basis so families can pursue claims without paying upfront attorney fees, and we provide a free initial consultation to discuss case specifics and legal options. From arranging independent medical evaluations to coordinating testimony from life care planners, we aim to present a complete picture of damages so insurance companies and juries understand the true cost of care and support.

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FAQS

What types of compensation can I seek after a spinal cord injury?

Compensation in spinal cord injury claims typically includes economic damages such as past and future medical expenses, rehabilitation costs, durable medical equipment, home modifications, and attendant care. It also covers lost wages and reduced earning capacity when the injury affects employment, plus out-of-pocket expenses related to treatment and transportation. Establishing these economic losses requires medical records, bills, and expert cost projections that quantify the realistic cost of care over time. Non-economic damages may include compensation for pain and suffering, emotional distress, loss of consortium, and diminished enjoyment of life, reflecting how the injury has changed daily functioning and relationships. In cases involving wrongful death resulting from spinal trauma, families may pursue survivors’ damages for funeral costs and the loss of financial or emotional support. A thorough claim combines both economic and non-economic elements to seek recovery that addresses immediate and long-term effects of the injury.

How long do I have to file a personal injury claim in West Virginia?

In West Virginia, personal injury claims are generally subject to a statute of limitations that limits the time for filing a lawsuit, and it is important to act promptly to preserve your rights. The typical deadline for filing a personal injury suit is two years from the date of the injury, but certain circumstances, such as claims against governmental entities or discovery rules for latent injuries, can affect the applicable timeframe. Because deadlines can vary based on case specifics, early consultation helps ensure you do not miss critical filing dates. Waiting too long may result in loss of the right to seek compensation, and delays can also make it harder to obtain evidence or secure witness testimony. Collecting medical documentation, police reports, and witness information early helps build a complete record in support of a claim. A prompt case review with legal counsel clarifies deadlines, identifies liable parties, and begins necessary steps like preserving physical evidence or issuing discovery requests when litigation becomes necessary.

Will my case go to trial or can it be settled out of court?

Many spinal cord injury cases resolve through settlement negotiations rather than trial, particularly when liability is clear and damages can be quantified with medical and financial evidence. Settlement can provide certainty and quicker access to funds needed for medical care and home adjustments, and negotiations often involve presenting life care plans and expert opinions to justify a settlement amount. Insurance companies typically prefer settlement to avoid trial costs and uncertain jury outcomes, but they may initially offer amounts that do not reflect full future needs. When insurers refuse to offer fair compensation or dispute liability, taking a case to court may be necessary to secure full recovery. Litigation prepares a case for trial by identifying evidence, deposing witnesses, and retaining experts to testify about medical prognosis and financial needs. While trial involves more time and expense, it can produce higher awards when juries recognize the long-term impacts of a spinal cord injury, so the decision to litigate depends on the strength of the case and the client’s goals.

How do you determine future medical and care needs for spinal cord injury cases?

Determining future medical and care needs typically involves collaboration with treating physicians, rehabilitation specialists, and certified life care planners who assess the injured person’s prognosis and outline anticipated treatments. These professionals evaluate the expected course of medical care, therapy schedules, equipment needs, attendant care requirements, and potential complications that could lead to ongoing costs. A detailed life care plan translates these assessments into a projected budget covering foreseeable expenses over the injured person’s lifetime, which is central to demonstrating future damages during negotiations or trial. Medical records, test results, and ongoing treatment notes provide the factual basis for projections, while experts use clinical experience and accepted standards of care to estimate frequency and duration of services. Vocational evaluators may also assess earning capacity and identify retraining options or workplace accommodations. Combining medical and vocational analysis gives a comprehensive view of future needs and supports a damages demand that reflects the real financial impact of a severe spinal cord injury.

What evidence is most important in a spinal cord injury claim?

The most important evidence in a spinal cord injury claim includes detailed medical records documenting diagnosis, imaging results, surgeries, therapy, and ongoing treatment plans, which establish the severity and permanence of injuries. Accident reports, police records, witness statements, and photographs of the scene or vehicles involved also play a critical role in proving how the injury occurred. Timely preservation of evidence, including emergency responder reports and any safety inspection documents, strengthens the connection between the incident and the resulting harm. Expert testimony and supporting evaluations, such as life care plans and vocational assessments, translate medical facts into understandable projections of future care costs and lost earning capacity. Payroll records, tax returns, and employer statements support claims for lost wages and diminished earning potential. Together, these materials create a cohesive demonstration of liability and damages, allowing insurers, mediators, or juries to grasp the full scope of the claim.

Can I still recover damages if I share some fault for the accident?

West Virginia follows a modified comparative negligence approach that allows injured parties to recover damages even if they share some responsibility for the incident, provided their percentage of fault does not exceed the legal threshold. Under this system, recoverable damages are reduced in proportion to the injured person’s degree of fault. For example, if a plaintiff is found 20% at fault, their award would be reduced by that percentage. Understanding how comparative fault applies to the facts of a case is key to evaluating settlement offers and litigation risk. Assessing and disputing fault percentages often requires thorough investigation and presentation of evidence showing the other party’s negligence or misconduct. Eyewitness accounts, traffic citations, maintenance logs, and expert analysis of accident mechanics can influence fault determinations. Effective advocacy aims to minimize the plaintiff’s assigned fault while establishing the defendant’s primary responsibility so the injured person maximizes available recovery for medical care and other damages.

How are attorneys paid for spinal cord injury cases?

Attorneys handling spinal cord injury cases most often work on a contingency fee basis, which means legal fees are paid as a percentage of any settlement or judgment rather than upfront hourly charges. This arrangement allows injured persons to pursue claims without immediate out-of-pocket legal expenses and aligns the attorney’s interests with achieving meaningful recovery. Fee agreements typically specify the contingency percentage, which may vary depending on whether a case settles or proceeds to trial, and clients should review the agreement carefully before signing to understand all potential costs. In addition to contingency fees, clients may be responsible for certain case-related expenses such as court filing fees, expert witness costs, and costs of obtaining medical records, although many firms advance these expenses and recoup them from the recovery. Clear communication about fee structure, expense handling, and billing practices helps clients make informed decisions and ensures there are no surprises during the litigation or settlement process.

What should I do immediately after a serious accident to protect my claim?

Immediately after a serious accident, seek prompt medical attention and follow medical advice, as timely diagnosis and treatment both protect your health and create the documentation needed for a legal claim. Obtain copies of emergency room records, imaging studies, and physician notes, and keep receipts for medical bills and related expenses. If possible, document the scene with photographs, record contact information for witnesses, and preserve any damaged equipment or clothing that could serve as evidence. Avoid giving recorded statements to insurance adjusters or signing releases without consulting legal counsel, as early statements can be used to minimize liability or dispute the extent of injuries. Contacting an attorney early helps preserve evidence, issue necessary preservation letters, and guide communications with insurers. Legal counsel can also advise on collecting employment records and wage statements to support claims for lost income and future earning losses.

How long does it take to resolve a spinal cord injury case?

The time to resolve a spinal cord injury case varies widely depending on case complexity, the need for expert evaluations, the willingness of insurers to negotiate, and whether the matter proceeds to trial. Some cases settle within months when liability is clear and damages are well-documented, while others require years to complete due to litigation timelines, appeals, or protracted negotiations over future care needs. The need to accurately project lifelong medical costs and vocational impacts often extends the time required to reach a fair resolution. Preparing for potential trial typically involves discovery, depositions, and retention of medical and vocational experts, which lengthens the process but helps build a compelling case for full compensation. Clients should expect regular updates and realistic timelines from counsel, and decisions about settlement versus litigation are made based on the strength of evidence, client goals, and offers on the table. Prioritizing thorough preparation helps secure durable outcomes that address long-term needs.

Can I get compensation for future lost earning capacity and reduced quality of life?

Yes, compensation for future lost earning capacity and diminished quality of life is commonly sought in spinal cord injury claims and is supported by medical, vocational, and economic evidence projecting the injured person’s ability to work and participate in life activities. Vocational experts evaluate current skills, employability, and the impact of disability on future earnings, while life care planners estimate ongoing care needs and related costs. Combining these inputs produces a comprehensive damages calculation that can be presented to insurers or juries to secure funds that address lifelong impacts. Non-economic damages for pain, suffering, and loss of enjoyment of life also account for the personal and emotional consequences of paralysis or serious mobility loss. Demonstrating these losses relies on medical testimony, personal testimony about lifestyle changes, and documentation of limitations in daily living. Together, economic and non-economic evidence supports a claim that seeks financial resources for both tangible costs and the profound effects a spinal cord injury has on an individual’s life.

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