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Spinal Cord Injuries
As a leading personal injury law firm, our attorneys have witnessed the devastating effects of spinal cord injuries. By taking legal action, we can help spinal cord injury victims recover the compensation they need to readjust to life following an unexpected accident.
Whether caused by a car accident, medical malpractice or another type of accident, spinal cord injuries can impair a victim’s ability to work, socialize and pay for much-needed medical care. At Morgan & Morgan, our attorneys are dedicated to holding the parties responsible for our clients’ injuries accountable for their actions. If you or a loved one suffered a serious spinal cord injury, and you require compensation to recover, we may be able to help you file a personal injury lawsuit against the liable party. Fill out our case review form to find out more.
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FAQs
Medical Malpractice
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 in 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.
Car Accidents
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 a product liability
lawsuit 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.
For example, a black car speeds through a red light and hits a blue
vehicle at the intersection. Drivers have a duty of care to act
carefully and exercise awareness of their surroundings to prevent harm
to others with whom they share the road. By speeding through the light,
the driver of the black car has breached this duty. When the blue car is
struck, the driver suffers injuries to his left hand and leg. To treat
his injuries, the driver of the blue car has to undergo costly surgery
and rehabilitation. If the driver of the blue car can prove that the
black car’s breach of duty was the direct cause of his injuries, and
that he suffered damages as a result, he may be able to recover
compensation for his losses.
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.
Product Liability
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); and
- 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.
Who is Liable When You Suffer a Back Injury at Work?
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.
What Damages Can You Receive in a Spinal Cord Injury Lawsuit?
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 victims’ 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 someone you care for faced a severe spine or back injury,
fill out our free, no-obligation case review form.
Our personal injury attorneys have experience handling cases in a
variety of practice areas and are ready to help you
with you recover the compensation you may be entitled to for your spinal
cord injury.