A spinal cord injury (SCI) can affect almost every aspect of daily life, from a person’s ability to work and move independently to the ongoing medical care and support they may need. Research estimates that around 18,000 new spinal cord injuries occur each year in the United States. Motor vehicle accidents are the leading cause of spinal cord injuries, accounting for 37.5% of new injuries, followed by falls, acts of violence, and sports-related injuries.
While many spinal cord injury lawsuits ultimately result in a settlement, these cases can take years to resolve because they often involve extensive medical treatment, expert evaluations, and significant long-term damages. During that time, lost income, medical bills, and everyday expenses can create serious financial pressure. For qualifying plaintiffs, pre-settlement funding (sometimes called spinal cord injury lawsuit settlement loans) may provide access to funds to help cover expenses while their case is still pending.
How Spinal Cord Injury Classification Drives Case Value
The nature and location of a spinal cord injury are among the first factors attorneys and insurers consider when evaluating a claim. SCIs are generally classified as complete or incomplete and are further identified by the level of the spinal cord affected.
These classifications can have a significant impact on the type of care a person may need, their ability to work, and their long-term financial needs.
Complete vs. Incomplete Injuries
A complete spinal cord injury generally involves a total loss of motor and sensory function below the site of the injury.
An incomplete injury means some motor or sensory function remains below the affected area.
The difference can be substantial when calculating damages. Someone with a complete injury may require extensive lifelong assistance, equipment, and medical care, while someone with an incomplete injury may regain some mobility or independence through rehabilitation. As a result, there is no single “average settlement” that accurately represents all spinal cord injury cases.
Cervical, Thoracic, and Lumbar Levels: Why Location Changes the Number
The location of the injury also plays an important role. A cervical spinal cord injury can affect the arms, legs, and ability to perform essential functions, potentially resulting in quadriplegia and significant lifetime care needs. For some severe cervical injuries, projected lifetime medical and support costs can exceed $5 million.
Thoracic and lumbar injuries may affect different portions of the body and can have varying effects on mobility and independence. Even an incomplete lumbar injury involving partial mobility recovery can result in substantial medical, rehabilitation, and lost-income damages.
These differences help explain why spinal injury lawsuit settlements can vary so widely from one case to another.
Why Spinal Cord Injury Lawsuits Take So Long to Resolve
The potential value of an SCI lawsuit claim often can’t be fully understood immediately after the accident. Attorneys need time to determine three things:
- How permanent the injury may be
- What care will be required in the future
- How it will affect the plaintiff’s ability to work and live independently
Waiting for Maximum Medical Improvement (MMI)
Treating physicians generally need time to observe a patient’s recovery before providing a final prognosis. Maximum medical improvement (MMI) is reached when a person’s condition has stabilized and is unlikely to significantly improve with additional treatment.
For a serious spinal cord injury, reaching MMI can take a year or several years. Waiting can be important because settling too early may mean accepting an amount that does not fully account for future medical care, rehabilitation, lost earning capacity, or other long-term needs.
Retaining Experts and Facing Defense Disputes
SCI cases often require specialized experts to establish the full extent of a plaintiff’s damages. Life-care planners may develop projections for future medical and supportive care, while vocational experts can evaluate how an injury affects a person’s ability to work and earn income.
These experts may be questioned or deposed by the defense, which may also retain its own experts to challenge the plaintiff’s projections. Months or even years can be added to the litigation process due to disagreements about the plaintiff’s:
- Future treatment
- Earning capacity
- Cost of lifelong care
Financial Pressure from a Spinal Cord Injury Claim
The financial consequences of an SCI can begin almost immediately. A person may lose their ability to work while facing costs of:
- Hospitalization
- Rehabilitation
- Medications
- Medical equipment
- Other treatments
Severe injuries may also require home modifications, specialized transportation, personal care, or full-time assistance. When lost income is combined with these ongoing expenses, keeping up with everyday obligations such as a mortgage or rent, utilities, and household costs can become difficult while the legal case remains unresolved.
Why Pre-Settlement Funding Is Helpful
For qualifying plaintiffs involved in a catastrophic injury lawsuit, pre-settlement funding can provide financial breathing room while an SCI case continues.
Declining Early, Inadequate Settlement Offers
Insurers may make settlement offers before the full extent of the plaintiff’s future needs is known. Having access to funds during the legal process may make it easier for a plaintiff to avoid accepting an offer simply because immediate expenses have become difficult to manage.
Covering Costs While the Case Develops
Pre-settlement funding may help qualifying plaintiffs manage everyday expenses while medical records, life-care plans, expert reports, and other evidence are still being developed. Depending on the individual’s circumstances, funds may provide support for expenses such as housing, utilities, transportation, and other household needs.
How Oasis Evaluates Case Value for Catastrophic Spinal Cord Injuries
When reviewing a spinal cord injury funding application, Oasis Financial considers the overall strength and potential value of the case. Factors may include:
- Type and level of spinal cord injury
- Available evidence establishing liability
- Medical documentation
- Status of the lawsuit
- Projected future costs associated with the injury
Eligibility and the Application Process
Pre-settlement funding is not available for every case. Oasis reviews each application individually to determine whether the case meets its eligibility requirements and whether funding is appropriate based on the available information.
How the Application Works
The process begins with an application followed by speaking with the plaintiff’s attorney and a review of relevant case documentation. If approved, funding can then be provided according to the terms of the agreement.
Oasis provides non-recourse funding, meaning the plaintiff does not have to pay the funding if the case does not result in a recovery.
FAQs About Spinal Cord Injury Lawsuit Settlement Loans
What is the average settlement for a spinal cord injury?
There is no reliable average that applies to all spinal cord injury cases. Settlement values can range widely depending on the injury’s severity and location, liability, insurance coverage, lost income, and projected lifetime medical and care needs.
How much is a spinal cord injury car accident settlement worth?
The specific value of a spinal cord injury resulting from a car accident depends on the facts and damages of the individual case.
Can I get funding against a workers’ comp settlement for a spinal cord injury?
Funding availability for workers’ compensation cases depends on the circumstances and the funding provider’s eligibility requirements. Oasis can review the details of a case to determine whether funding may be available.
Oasis provides funding for Workers’ Compensation cases in Illinois, Missouri, New Mexico, Ohio, and South Carolina, only.
How long do spinal cord injury lawsuits take to settle?
Serious SCI lawsuits can take several years to resolve, particularly when the plaintiff has not yet reached MMI or the parties disagree about long-term medical and financial damages.
What documents do I need to apply for spinal cord injury lawsuit funding?
The application process typically involves information about the lawsuit and attorney handling the case, along with relevant case and medical documentation.
For answers to more general pre-settlement funding questions, check out our main FAQ page.
When to Consider Spinal Cord Injury Lawsuit Funding
For qualifying plaintiffs, pre-settlement funding may be worth considering when lost income, medical expenses, caregiving costs, or everyday bills begin creating financial strain.
Work With Oasis Financial
A spinal cord injury can create significant physical, emotional, and financial challenges. If you’re dealing with financial pressure while pursuing a spinal cord injury lawsuit, Oasis Financial can help you explore whether pre-settlement funding may be an option. Contact us with questions, find funding near you, or apply online to get started.
This article is provided for general informational and educational purposes only and does not constitute financial, investment, legal, accounting, or tax advice. No attorney–client, advisory, fiduciary, or other professional relationship is formed by your access to or use of this content. You should not act or refrain from acting based on any information herein without obtaining advice from qualified professionals who are familiar with your particular circumstances. The authors and publisher make no representations or warranties, express or implied, and disclaim all liability for any loss or damage arising from reliance on or use of this article.
Oasis provides pre-settlement funding, also known as consumer litigation funding, to its customers through different products depending on their state of residence or cause of action. Many consumers will be provided pre-settlement funding in the form of a purchase agreement, which assigns a portion of the pending proceeds from their legal claim. Other consumers, such as those in CO, CT, MD and SC will be offered a funding in the form of a pre-settlement loan, sometimes referred to as a lawsuit loan. These transactions have important differences, therefore, consumers should carefully review and be aware of the type of transaction that is offered to them by any funding company.