Legal Steps After a Spinal Cord Injury
Timely legal action after a spinal cord injury protects your rights and ensures you can claim deserved compensation. Delays in filing a claim can jeopardize your ability to recover damages, so consult an experienced spinal cord injury attorney as soon as your condition stabilizes.
Victims of spinal cord injuries can pursue legal action if another party is at fault. Many law firms offer free case evaluations to help victims understand their legal options and the potential strength of their spinal cord injury lawsuits. This initial consultation can be a pivotal step toward financial recovery and justice.
Filing a personal injury claim requires documenting all medical treatments and expenses related to the injury. Victims can seek compensation for emergency medical treatment, ongoing healthcare needs, and future medical expenses resulting from the injury.
These claims also consider economic damages, such as lost wages and future income potential. Thoroughly documenting these losses strengthens the case and increases the likelihood of fair compensation.
Proving negligence is important in spinal cord injury cases. This involves showing that the responsible party failed to meet their duty of care, directly causing the injury. An experienced attorney can help gather evidence and establish liability, which is essential for recovering damages.
This process often involves collecting witness statements, accident reports, and expert testimony to build a compelling case. Proving negligence can significantly impact the outcome of your personal injury claim and the compensation received.
Insurance companies often aim to minimize compensation paid to victims, making them challenging to deal with. Initial settlement offers are typically low, highlighting the need for legal representation to negotiate fair compensation.
A spinal cord injury attorney can handle the challenges of the insurance claims process and counteract insurers’ tactics to deny or devalue claims. Their knowledge and dedication ensure that spinal cord injury attorneys properly address victims’ medical bills and other costs.
Types of Spinal Cord Injuries
Spinal cord injuries can range from minor to severe, depending on the location and extent of the damage. They generally fall into two categories: complete and incomplete.
Complete Spinal Cord Injury
A complete spinal cord injury means that there is no function below the point of injury—both motor and sensory capabilities are lost. This type of injury is more serious and often results in permanent damage. Depending on where the injury occurred along the spine, people with complete injuries may lose the ability to move and feel parts of their body.
Incomplete Spinal Cord Injury
An incomplete spinal cord injury occurs when the spinal cord is only partially damaged. With this type, some functions below the injury site may remain. Recovery varies greatly in these cases, and some individuals may regain more function over time with the help of medical professionals and ongoing care.
The severity of spinal cord injuries also depends on where the injury occurs along the spine. Injuries higher up, near the neck, are often more serious, affecting larger parts of the body, while lower spine injuries may impact smaller areas. Serious injuries can lead to life-changing consequences, requiring long-term medical care and rehabilitation.
In contrast, minor injuries to the spine can result in temporary pain or discomfort but generally do not cause permanent damage. While these injuries might heal over time with treatment, they still require attention from medical professionals to avoid complications.
Because spinal cord injuries are often painful and have lasting effects, it’s important for victims to seek help from injury attorneys to help recover medical expenses and secure anticipated future medical care.
Common Causes of Spinal Cord Injuries
Spinal cord injuries (SCI) can occur due to a variety of causes, ranging from traumatic events to medical conditions. Here are the most common causes of spinal cord injuries:
1. Traumatic Causes
Traumatic spinal cord injuries are often caused by sudden, violent events that damage the vertebrae and spinal cord.
- Motor Vehicle Accidents: This is the leading cause of SCI, accounting for nearly 40% of cases. High-impact crashes, whether involving cars, motorcycles, or pedestrians, can result in significant damage to the spine.
- Falls: Falls are another major cause of spinal cord injuries, especially in older adults. They contribute to around 30% of SCI cases, often resulting from accidents in homes or workplaces.
- Violence (Gunshots and Stabbings): Acts of violence, such as gunshot wounds or stab injuries, can penetrate the spine, leading to spinal cord damage. These account for about 13-15% of spinal cord injuries.
- Sports and Recreational Activities: High-impact sports, such as football, rugby, wrestling, and diving, especially in shallow water, pose a significant risk of spinal injury. They are responsible for about 10-12% of SCIs.
- Work-Related Accidents: Construction, heavy labor, and other high-risk occupations may lead to falls, heavy object impacts, or machinery-related incidents, causing spinal cord injuries.
2. Non-Traumatic Causes
Non-traumatic spinal cord injuries result from medical conditions or gradual damage to the spine.
- Degenerative Disc Disease: Over time, the discs between vertebrae can degenerate, leading to the narrowing of the spinal canal (spinal stenosis) and subsequent compression of the spinal cord.
- Infections: Infections like spinal tuberculosis (Pott’s disease) or abscesses can affect the vertebrae and the spinal cord, leading to injury.
- Tumors: Cancerous or non-cancerous growths in or around the spinal cord can compress or damage it, causing neurological impairment.
- Spinal Cord Stroke (Ischemia): A disruption of blood flow to the spinal cord due to a stroke or vascular problems can cause spinal cord injury.
- Autoimmune Disorders: Conditions like multiple sclerosis (MS) can result in the destruction of myelin (the protective covering of the spinal cord), leading to spinal cord damage over time.
- Congenital Conditions: Some people are born with conditions like spina bifida, where the spinal cord is improperly formed, increasing the likelihood of injury
Types of Compensation Available
Victims of spinal cord injuries can seek various types of compensation to cover their losses. These compensations are classified into economic, non-economic, and punitive damages. Knowing these categories helps victims and their families understand the full scope of potential financial recovery.
Economic Damages
Economic damages compensate for tangible financial losses suffered by the victim. These include medical expenses, lost wages, and future medical care costs. Given the high cost of spinal cord injuries, it is essential to account for all potential future expenses when pursuing a claim.
Proper documentation and thorough calculation of these costs are essential for securing fair compensation.
Non-economic Damages
Non-economic damages address intangible losses from a spinal cord injury, such as emotional distress and loss of enjoyment of life. These damages acknowledge the profound impact such injuries have on a victim’s quality of life.
Legal representation significantly improves the likelihood of obtaining a fair settlement for non-economic damages, ensuring adequate compensation for the victim’s suffering.
Punitive Damages
Punitive damages are awarded in cases of gross negligence or intentional harm to deter similar behavior in the future. These damages are not always applicable but can be significant in particularly egregious cases.
By pursuing punitive damages, victims seek justice for themselves and help prevent future incidents of similar negligence or misconduct.
Why Choose THE702FIRM Injury Attorneys?
Choosing the right law firm for your spinal cord injury case can make all the difference. THE702FIRM Injury Attorneys offer emotional support and legal representation, ensuring clients feel supported throughout their legal journey.
Our extensive experience and successful track record in handling spinal cord injury cases make them a reliable choice for victims seeking justice and compensation. Additionally, clients receive personalized attention and support throughout their cases. We always ensure ongoing communication, making the legal process more transparent and manageable for clients.
Schedule a consultation with us at THE702FIRM Injury Attorneys today to take the first step towards justice and financial recovery.