Auto accidents are the leading cause of spinal cord injuries. The impact of spinal injuries on the victim and their family can be devastating and cause enormous medical costs. Spinal cord injury is damage to the spinal cord that results in full or partial loss of motor control and sensation. Some injuries can cause paralysis in lower part of the body or in all four limbs. The spinal cord is responsible for a large range of bodily functions causing accident victims to suffer many permanent and serious health problems.
Legal basis of spinal cord injury lawsuits
A spinal cord injury caused by negligence may be if your injury occurred when a vehicle hit you or you slipped and fell on a broken staircase. Based on negligence you will need to prove the other party is legally responsible or at fault for your spinal cord injury.
If a spinal cord injury is caused by a defective or dangerous product, then you may be entitled to compensation from the company that designed, manufactured and sold the product.
A common defense in spinal cord injury cases is the argument that the injured person’s own carelessness contributed to the accident. Alcohol is a factor in 1 in 4 spinal cord injuries, thus a defendant may argue that the injured person’s intoxication was the main cause of the accident resulting in the injuries. The defense described here is known as contributory negligence meaning the victims carelessness contributed to the injury. Comparative negligence is another common defense and is described when the victim and defendant’s relative carelessness are weighed.
The assumption of the risk defense arises when the spinal cord injury occurred when involved in a dangerous activity that was likely to cause harm.
Compensation of a spinal cord injury is intended to restore the injured person to their pre-accident condition with a monetary reward.
Spinal cord injuries cause significant damages beyond the reimbursement of medical expenses and pain and suffering. Life altering changes like ongoing health care and rehabilitation costs may also be awarded for compensation.