Personal Injury Blog

Essentials of a Spinal Cord Injury Lawsuit

Whether your injury was sustained in a motor vehicle accident, a slip and fall, or other incident, when experiencing spinal cord injury, impairment can be significant, and a lifelong struggle. Spinal cord injuries are extremely complex thus often difficult to assess and understand.

In general, you have two years from the date of the spinal cord injury to file a lawsuit in Ontario. However, lawsuits against municipalities require that notice of a pending suit be submitted within 10 days following the accident date.


Spinal Cord Injuries Damages Awards

Claims that involve spinal cord injuries can result in substantial damages awards as they have the potential to impact significant aspects of someone’s life. Since there is no accurate way to value a person’s future losses due to the spinal cord injury, a personal injury lawyer can ensure the negligent party pays damages for all potential difficulties that may arise years after the injury is sustained. Compensation for your injuries can include, but are not limited to, damages for:

      • Pain and suffering (also called general damages)
    • Loss of income and out of pocket expenses
  • Loss of enjoyment of life
  • Economic losses incurred by family members
  • Cost of future medical treatment and care
  • Cost of future attendant care
  • Loss of future ability to earn money
  • Cost of housekeeping and caregiving
  • Loss of shared family income
  • Loss of care, guidance, and companionship suffered by your immediate family

 You can also recover medical expenses, including rehabilitation, for the following:

  • Costs of adapting/modifying homes and vehicles
  • Ventilator- if injury is above C4
  • Mobility aids (scooters, wheelchairs)
  • Climate controls
  • Specialized computer software
  • Genitourinary and bowel supplies/ equipment
  • Family/marital counseling

Though damages are capped on pain and suffering at $450,997, as of January 2024, there is no cap applied to past and future loss of income or earning potential, future cost of care, or loss of housekeeping and home maintenance capacity, which can yield millions of dollars depending on the circumstances of the case. To help you further understand some of the legalities and compensation, we created a free Catastrophic Compensation Guide.

If you, or someone you love, has sustained a spinal cord injury, it is imperative to seek legal advice from an experienced personal injury lawyer. It is a long, difficult journey to recovery from a serious injury, and your focus should be on the recovery, not the complexities of your personal injury claim.

Here at Campisi, we have helped a client with a fractured sternum and spine (with no evidence of a traumatic brain injury) receive $1.8 million in total compensation. Although we cannot guarantee that all claims will lead to exceptional results, clients can trust Campisi to invest the same passion, effort, and expertise to every case.


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