Overview and Legal Basis of Spinal Cord Injury Lawsuits
A lot of confusion and uncertainty swirl around the world of lawsuits, particularly those involving spinal cord injury. In the popular consciousness, any entity can sue another for just anything. In the real world, anyone can file a case, but every entity should. It’s difficult to keep a lawsuit from dismissal and to win them.
Spinal cord injuries are associated with high costs – more than $1 million in the first year of high tetraplegia. It is not surprising that people who suffer from severe spinal cord injuries may be interested in knowing more about the legal basis of the relevant lawsuits to recover damages. To determine whether or not you have a case, it’s best to consult with an experienced attorney.
What’s spinal cord injury?
It is damage to the bundle of nerves in the backbone (spinal cord) that ensures perfect coordination between your brain and the entire body. This type of injury can result in the partial or full loss of sensation and motion control. In the worst-case scenario, spinal cord injuries can cause paralysis in the lower parts of your body (paraplegic) or all your limbs (quadriplegic).
Your spinal cord is responsible for many body functions like regulating body temperature, breathing, sexual functioning, bladder, and more. So, severe spinal cord injuries are likely to cause other severe health issues.
Legal basis of spinal cord injury cases
Generally, lawsuits do not arise from anything. Someone must be held responsible for the event that caused your injuries. Unfortunately, the responsible entity is not always clear. That doesn’t mean you cannot recover damages. Here are important elements you must analyze if you intend to file a spinal cord injury lawsuit.
Injuries caused by negligence
Many spinal cord injuries lawsuits are based on a popular legal theory known as negligence. For instance, you may have suffered spinal cord injuries when a vehicle hit your motorcycle or slipped and felon a poorly-maintained staircase at work.
In this personal injury lawsuit, you will need to prove that the accused is ‘at fault’ or legally liable for the injuries you suffered. Proving negligence in lawsuits is a challenging process. So, work with a spinal cord injury attorney. He or she can build a strong case and successfully prove that the accused acted negligently, and as a result, you suffered severe injuries.
Injuries caused by defective products
If the primary cause of your spinal cord injury was a dangerous or defective product, you are entitled to compensation from the organizations that designed, manufactured, and distributed or sold the product. For instance, if you got injured because your car had defective airbags or seatbelts, you can sue the vehicle designer, seller, and manufacturer.
Spinal cord injury claims and compensation
The primary reason for a financial award in a spinal cord injury lawsuit is to compensate the injured person for different types of loss caused by the injuries. To the extent that damages (the money-based award) can do so, the total amount of money paid should restore the injured party to their pre-accident condition.
In these lawsuits, damages include the amount of compensation that goes beyond reimbursements for pain & suffering and healthcare expenses. Spinal cord injuries have a life-altering impact that might last a lifetime. That means damages should include compensation for issues like rehabilitation and ongoing healthcare services. The cost of the necessary modifications to the injured party’s home and assistive devices should be included in the damages.
Seek legal help
Generally, spinal cord injury lawsuits are complicated than other personal injury claims. If you intend to file such a lawsuit, consult with a lawyer who specializes in litigating issues related to spinal cord injuries.
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