Yes. An incomplete spinal cord injury claim can include lifetime damages even when doctors hope for some recovery. Nevada injury claims are valued on what is medically probable, not on a best-case guess. Since a settlement is final, the claim has to protect you if recovery stalls.
Hope is a good thing. Maybe you or someone you love has some feeling or movement below the injury, and every week brings a little progress. But insurers often turn that hope against you, arguing you’ll be fine soon and offering accordingly. This post explains how an incomplete injury is valued and how to keep an optimistic prognosis from becoming a low settlement. Incomplete injuries are among the catastrophic injury cases our Las Vegas firm handles most often.
Complete vs. Incomplete Spinal Cord Injury
A complete spinal cord injury means no feeling or movement below the level of injury. An incomplete injury means some signals still get through. Doctors classify injuries using the AIS (ASIA Impairment Scale):
- AIS A: complete, with no sensation or movement below the injury
- AIS B: sensation remains, but no movement
- AIS C: some movement remains, but most key muscles can’t work against gravity
- AIS D: more than half of key muscles can work against gravity
- AIS E: normal function
Incomplete injuries are the most common kind. According to the NSCISC, about 47% of people discharged since 2015 had incomplete tetraplegia and another 20% had incomplete paraplegia. Fewer than 1% recovered fully by the time they left the hospital.
How Much Recovery Is Realistic?
Recovery after an incomplete spinal cord injury varies widely. In general, people with AIS C and D injuries have a better chance of regaining function than people with complete injuries, and much of the improvement tends to happen in the first year or so.
But “better chance” is not a promise. Two people with the same grade can end up in very different places. Even strong recoveries often leave chronic pain, spasticity, bladder and bowel problems, fatigue, or trouble walking long distances. Your rehab team’s records over time will show the real trajectory far better than any early prediction.
How an Incomplete Spinal Cord Injury Claim Accounts for an Uncertain Future
One Settlement, No Second Chance
Once you settle a Nevada injury claim, it’s closed. If you settle in month four expecting full recovery and progress stops in month ten, the extra care isn’t covered. That’s why timing matters so much. In most cases, it makes sense to let the medical picture develop before resolving the claim, while still filing within Nevada’s two-year deadline.
Expert Projections Instead of Guesses
To value an uncertain future, we rely on the people who understand it best. That typically includes treating physicians and a physiatrist (a rehab medicine specialist), a life-care planner who prices future needs, a vocational expert who assesses work ability, and an economist.
Together, they project the most medically probable outcome and what it will cost. Even an AIS D injury averages more than $2 million in lifetime direct costs for someone injured at 25, according to NSCISC estimates. For the full breakdown, see what a spinal cord injury costs over a lifetime.
The “You’ll Get Better” Defense and How to Counter It
Insurers like incomplete injuries because the uncertainty gives them room to argue. Expect to hear:
- Your recovery so far proves you’ll be back to normal
- Your future care plan assumes the worst case
- You can return to your old job or a similar one
- A video of you walking to your car shows you aren’t really hurt
Glen Howard used to sit on the other side of these cases as an insurance defense attorney. He knows the playbook. Counter-evidence comes from consistent rehab records, a day-by-day journal of symptoms and limits, statements from family who help with care, and experts who explain what “walking” really looks like for someone with an incomplete injury. For crash-related injuries, our post on truck accident spinal cord injury settlements in Nevada covers how commercial insurers approach these claims.
Frequently Asked Questions
Can you walk again after an incomplete spinal cord injury?
Some people do. The chance is generally better with AIS C and especially AIS D injuries, and with lower injury levels. Many people who regain walking still use a cane, walker or wheelchair for longer distances, and they may live with pain, weakness or balance problems.
Your doctors are the best source on your own outlook, and their predictions often get more accurate over the first several months. In a legal claim, what matters is the documented, medically probable outcome. That is why rehab records and expert opinions carry so much weight.
How long does recovery take after an incomplete spinal cord injury?
Much of the meaningful recovery usually happens in the first 6 to 12 months, and some people keep improving for 18 months or longer. Progress often slows over time, and the timeline differs from person to person.
That timeline matters for a claim. Settling too early can lock in a value before anyone knows where recovery will level off. A Las Vegas spinal cord injury lawyer can protect your two-year filing deadline while giving your recovery time to show its true direction.
What is an ASIA D spinal cord injury?
An ASIA D (AIS D) injury is an incomplete injury where more than half of the key muscles below the injury can move against gravity. It’s the least severe grade of spinal cord injury, but it’s still serious. Many people with AIS D injuries live with chronic pain, spasticity, bladder issues and fatigue, and many can’t return to physically demanding work.
According to NSCISC 2024 data, the first year after an AIS D injury averages about $447,000 in direct costs, with about $54,000 a year after that.
What if I recover more after I settle?
Then you keep the full settlement. A settlement is final in both directions: you can’t ask for more if things get worse, and the insurer can’t take money back if you do better than expected.
That’s why a claim should be built on the most medically probable outcome, supported by expert testimony, rather than on hope or fear. Every case is different, so talk to an attorney about how your prognosis should factor into your timing before you sign a release.
Hope for Recovery. Plan for Every Possibility.
You can hope for the best and still protect yourself against the worst. A strong claim does both. If an insurer is pointing to your progress as a reason to offer less, it’s time to get a second opinion on what your claim should include.
Howard Injury Law offers free consultations, and you pay nothing unless we win. Review our case results, then talk to our team for free about where your recovery stands and what your claim should cover.
Related: Spine Injury Claims After a Nevada Accident: When Surgery Changes the Case
