Spinal Cord Injury Lawsuit

Spinal cord injuries occur when there has been some sort of damage to the spinal column or the spinal cord itself. The spinal cord can still remain intact, but the damage to it can have grave consequences. There are common spinal cord injuries such as:

• Cervical spinal cord injuries – these impact the areas around the head and neck
• Lumbar spinal cord injuries – these affect the legs and the hips
• Thoracic spinal cord injuries – these impact the chest and abdominal areas
• Sacral spinal cord injuries – these affect the thighs, buttocks and pelvic areas

Patients will suffer many damages that can be pertinent to a spinal cord injury lawsuit. Here are some financial and other impacts of a spinal cord injury:

• Lost wages – The loss of mobility will impact the injured’s ability to work. In many cases, the injured patient can never work again.
• Medical expenses – The injured will likely have to undergo many surgeries in an attempt to either stabilize the affected area or regain some mobility
• Pain and suffering – Those who are paralyzed to any degree suffer greatly from the affliction.
• Aides and assistance – Many who have suffered spinal cord injuries need home care around the clock.
• Loss of companionship – Both the injured and their spouse may be entitled to damages for loss of consortium.

• $18 million settlement – The plaintiff, a 58-year-old woman, developed a spinal abscess that later caused paralysis. She filed a lawsuit against the hospital that failed to diagnose her spinal abscess.
• $14.5 million settlement – The plaintiff, a 36-year-old housewife, became a permanent paraplegic after a 100-pound tree branch fell and severed her spinal cord. She successfully sued the city and maintenance company for failing to maintain the trees in the park where the accident occurred.
• $12 million settlement – The plaintiff, a 16-year-old girl, became paralyzed from the neck down after a severe spinal injury caused by a car accident.
• $9.5 million settlement – The plaintiff, a 29-year-old father, became tetraplegic after the car he was a passenger in flipped over in a car accident.
• $8.2 million settlement – The plaintiff, a 40-year-old construction employee, became a permanent paraplegic after he fell 20 feet off a scaffold. The man filed a lawsuit against the construction site for failing to follow OSHA (Occupational Safety and Health) safety requirements.

There is a wide variety of people who may be held responsible for a spinal cord injury. The short explanation is that whoever was the “proximate cause” of the injury may be liable in a lawsuit. In other words, a spinal cord injury lawyer will have to show that “but for” the defendant’s actions or inaction, the plaintiff would have never been hurt. Usually, this will be the other driver in a car accident or someone who was driving the car in which the plaintiff was injured. However, this could also be a third party if their actions caused the accident. For example, if a truck runs a red light causing two other vehicles to crash, then the truck driver will be the proximate cause of the injury. 

Another example of a possible defendant in a spinal cord injury lawsuit is the manufacturer of the product that caused the injury. For example, if a car manufacturer sold a vehicle that had defective brakes, which caused a crash, then it would be the manufacturer instead of the other driver who is legally responsible for the injury.

Spinal cord injury lawsuits are high-stakes cases. Plaintiffs will generally get one chance to sue the responsible party and receive financial compensation, so it is essential that they file their strongest possible claim. This will require a spinal cord injury lawyer to present the best case to the court. The settlement or jury award will have to be large enough to cover what may be a lifetime’s worth of care. This requires the ability to place a financial value on the compensation necessary to pay for all of the damages that the victim has suffered along with the care that is necessary. 

The trial of a spinal cord injury lawsuit may involve complicated evidence. To establish certain facts for a judge or jury, a spinal cord injury lawyer is required. Often, this will involve a detailed recreation of the scene of the accident. Medical evidence may also be required to demonstrate the extent of the plaintiff’s injuries. Alternatively, winning a spinal cord injury lawsuit may require a showing that a certain product was defective, which will necessitate the presentation of scientific evidence and expert testimony. This means that specialized knowledge is a must, and this is something that a spinal cord injury lawyer will have. 

While the defendant will have to show some sensitivity to the plaintiff’s injury, it does not necessarily mean that they will want to admit liability and pay what the plaintiff requests. Often, the defendants are large corporations who have their own sophisticated lawyers who will do everything they can to protect their clients from large-scale liability. They will not simply concede the case. Plaintiffs must retain a spinal cord injury lawyer in order to obtain the best possible result.