Just like most personal injury lawsuits, a spinal cord injury lawsuit is usually based on the legal theory of negligence. Whether your spinal cord injury resulted from a fall, a car accident or some other cause, the impact it has on your life and your family can be devastating. Medical costs associated with spinal cord injuries can really accumulate and put a strain on your finances. If you are a spinal cord injury victim, you can file a spinal injury lawsuit and get compensation for your losses and injuries. It is important to know what a spinal cord injury is and any legal issues you may have in your case.
What Is A Spinal Cord Injury?
Any damage to the spinal cord that results in partial or full loss of sensation and motor control is known as a spinal cord injury. Spinal cord injuries can leave you paralyzed in all four limbs or in the lower part of your body. Accident victims can suffer a wide range of serious health problems because the spinal cord is responsible for a number of bodily functions such as sexual functioning, bladder control, body temperature and breathing.
What Are The Common Causes Of Spinal Cord Injuries?
According to NSCISC (National Spinal Cord Injury Statistical Center), spinal cord injuries are caused by:
- 7.6% recreational sports
- 15.1% violent acts
- 26.7% falls
- 42.1% car crashes
Surgical procedures done on the back can also lead to spinal cord injuries. In some of these situations, spinal cord injuries could be avoided.
Legal Basics Of A Spinal Cord Injury Lawsuit
Spinal Cord Injuries Caused By A Defective Product.
If a faulty or defective product was the reason behind your spinal cord injury, you may be entitled to compensation from the manufacturers of the product. For example, if you sustained a spinal cord injury because the seat belts in your car were faulty, then you have the right to file a spinal cord injury lawsuit against the car manufacturer.
Spinal Cord Injury Caused By Negligence
If your spinal cord injury was as a result of negligence, then you need to prove the person responsible for the accident should be held liable. For instance, if you slipped and fell on a slippery floor in your building and damaged your spine, you have to prove that the owner of the property was at fault because they did not maintain the floor to keep it from becoming slippery.
Common Defense In A Spinal Injury Case
Assumption Of Risk
If you were participating in a dangerous sport when your spinal cord injury happened, the defendant may use the “assumption of risk” defense. For instance, if you hurt your spine while bungee jumping, the defendant will say that you willingly chose to participate in the sport and you were aware of the dangers so they won’t award you any compensation.
Comparative And Contributory Negligence
Many people accused of being the reason behind spinal cord injuries will argue that your carelessness was the reason behind the accident. For instance, if you sue the car manufacturer for installing faulty seat belts, they may argue that you were intoxicated while driving the car and it is what contributed to your spinal cord injury. This defense is based on contributory and comparative negligence legal theories.
Compensation In A Spinal Cord Injury
The main purpose of financial compensation in a spinal cord injury lawsuit is to help you recover losses incurred as a result of the accident. Financial compensation goes beyond reimbursing the money you used when getting medical help; it also includes compensation for pain and suffering.
Hire A Spinal Cord Injury Lawyer Today
A spinal cord injury lawsuit involves a lot of complex medical and legal issues so if you are thinking of filing one, then you should speak to a spinal cord injury lawyer.
Our spinal cord injury lawyers at Kevin P. Landry offices focus on the most important aspects of your case; recovery and well-being. We offer personalized services rather and treat every case with utmost confidentiality. We will come to your home, office, hospital or wherever it is that you are comfortable. We offer free initial consultations to all our clients.
Call our expert spinal cord injury lawyers today because you may be entitled to financial compensation. Call us at (800)-200-7752 or fill out our contact form.