LEXINGTON SPINAL CORD INJURY ATTORNEY

If you were injured by a medical professional, and believe he or she directly caused your injury, you may be able to file a claim for negligence. To prevail in a negligence case, your attorney must prove the doctor had a duty of care; this duty of care was breached in some way; you suffered a spinal injury; and the breach was the cause of the injury.

For example, assume a patient undergoes surgery on dislocated discs on their spine. The patient’s surgeon has a duty of care to perform the procedure with due care, as any other surgeon would under similar circumstances. During the surgery, the surgeon becomes distracted and nicks a different part of the patient’s spinal cord. He either fails to notice his mistake or believes it is insignificant. The patient suffers a spinal cord injury as a result and, left untreated, the injury worsens, resulting in partial paralysis. If the patient can prove the surgeon acted negligently and this directly caused their paralysis, they may be able to make a claim for damages.

The most difficult factor to prove in a spinal cord injury case is causation—that the negligent party’s action directly caused the injury. If you move forward with a spinal cord injury lawsuit, an attorney can gather evidence to prove causation by reviewing medical documents and procedure notes; interviewing witnesses; investigating the surgeon’s background; and consulting with medical malpractice experts to obtain their opinions.

Negligence

If you suffered a spinal cord injury in a car accident and believe your injury was caused by another’s action or failure to act, you may be able to recover damages for your losses. While product liability is also a possible course of action, most cases will be brought under the theory of negligence. In a negligence claim, your attorney must prove four elements: the defendant owed you a duty of care, this duty was somehow breached, you suffered an injury, and the breach was the direct cause of your injury.

Collecting Evidence

If you have been injured due to another’s negligence, a car accident attorney can help collect information and evidence which may be vital to your claim’s success. Our attorneys have access to experts who can assist in the fact-finding stages of your claim which may involve:

• Evaluating the crime scene;
• Interviewing witnesses;
• Reviewing traffic footage, if any;
• Reviewing information taken by an insurance company; and
• Consulting experts in the car accident field, including accident recreationists.

Strict Liability

If you were injured in a car accident and believe a product in either car contributed to or caused the crash, you may have a product liability lawsuit against the manufacturer. In a product liability case, a manufacturer can be held strictly liable for its defective products, without proof of negligence. Your attorney must show that a defect exists and an injury resulted; however, if your car was purchased second hand — or used — strict liability in not a viable cause of action.

Negligence

If you believe the car or one of its parts was responsible for the crash, you may be able to recover compensation from the manufacturer. To prevail, your attorney will have to show:

The manufacturer had a duty to sell a safe product;

The manufacturer breached this duty (knew or should have known of defect);

The defect caused the injuries sustained. In preparing a claim against a product manufacturer, your attorney may review the company’s manufacturing process, determine whether other manufactured parts were defective, and establish how the defect could cause your injuries.

Workers who sustain a spinal cord injury at work may have concerns about their job and how they will continue to provide for their families. Fortunately, workers’ compensation provides benefits for medical bills and lost wages. In exchange for workers’ compensation, these workers cannot sue their employer; however, they may be able to file a lawsuit against a third-party, whose negligence caused their injury. Workers who have been denied workers’ compensation should contact an attorney immediately to discuss their claim.

In a spinal cord injury lawsuit, an attorney may be able to help you recover the following damages:

Medical bills: Plaintiffs can recover money for any medical bills resulting from the injury, including hospital bills, prescription drugs, doctor visits and rehabilitation, as well as any future medical expenses.

Lost Wages: Compensation for time spent away from work, as well as a loss of earning capacity may also be awarded.

Pain and Suffering: When an individual suffers a spinal cord injury, they can experience lasting physical and emotional pain. These victims can receive monetary damages for this pain and suffering.

Wrongful Death: When a spinal cord injury results in death, the victim's’ family may be able to sue the negligent party. In these cases, the family may be eligible for damages based on the pain and suffering of the victim, as well as money to ease the financial burden left by their loved one’s absence.

If you or a loved one suffered a severe spine or back injury in Lexington, fill out our free case evaluation form today. Our spinal injury attorneys will evaluate your case to determine how we may be able to help you.