Spinal cord injuries are one of the most devastating medical events a person can possibly encounter. They frequently leave the victim paralyzed or lacking normal sensations in areas of their bodies. Victims’ lives must be permanently altered in response to these changes, leading to a long process of adjusting to the new norm.
When these cataclysmic injuries are the fault of someone else, the victim is rightfully entitled to substantial compensation for their condition. This compensation should not only cover the immediate medical costs of the injury, but also anticipated costs of future care. Spinal injury victims will often need ongoing rehabilitative therapy, psychological support, assistive devices and possibly modifications to their home. In addition, they must endure a tremendous amount of pain, suffering and psychological distress as they cope with their drastic life changes.
Therefore, a spinal cord injury lawsuit is an absolute necessity for victims, who are likely to encounter a long and ceaseless list of costs and no small amount of personal hardship. Victims should seek the assistance of an experienced personal injury lawyer to guide them through the process and increase their chances of receiving the maximum compensation to which they are owed.
Common Sources and Causes of Action for Spinal Cord Injury Lawsuits
According to data from the National Spinal Cord Injury Statistical Center, motor vehicle accidents are the most common cause of spinal cord injuries, comprising 42 percent of recorded cases. Falls are the second-most common at roughly 27 percent of cases. Violent attacks, such as gunshots or stabbings, constitute 15 percent of cases, and recreational activities make up just under eight percent of spinal cord injury causes.
All of these injury sources could involve situations outside of the victim’s control and related to either negligence or defective products, providing a legal cause of action for spinal cord injury lawsuits.
Spinal Injuries and Negligence
Negligence involves situations where a party breaches their expected duty of care. For instance, a driver that pulls into your lane without checking their blind spot could have been the cause of an accident that lead to a spinal injury. Other times, a careless employee fails to warn customers of a liquid spill that can cause slip and fall accidents.
Both instances provide potential grounds for a spinal cord injury lawsuit alleging negligence. During these cases, the defending party may try to push blame onto the victim or another party, claiming “contributory negligence.” For example, if the car accident victim did not cause the wreck but was found to have alcohol in their system, the defendant may attempt to remove themselves from liability.
Your personal injury attorney will assemble a set of facts and prepare for common defenses like contributory negligence in order to strengthen your case and increase your likelihood of receiving compensation.
Spinal Cord Injuries and Defective Products
A defective product, especially a safety product, can often be the root cause of a spinal cord injury. Airbags that fail to inflate, for instance, can cause a victim to become injured to a far greater degree than if their airbag had deployed properly. Other devices, like personal fall prevention devices, can fail, sending the victim to a dangerous fall that injures their spine.
In products liability cases, your personal injury attorney will have to determine where the product’s defect was acquired or whether the defect was the result of faulty design. Parallel incidents with the same products and actions like product recalls can help strengthen their case.
You Can Begin a Spinal Cord Injury Lawsuit with a Personal Injury Lawyer Today
If you have been the victim of a traumatic spinal cord injury and are likely to suffer permanent damage or paralysis, do not hesitate to contact a Chattanooga personal injury lawyer today. Use the number above or the convenient contact form to the side, and you will receive a free case evaluation in order to start your case as soon as possible.