The spinal cord is the bundle of nerves that runs through your backbone(spine) and is responsible for all your body’s functions. The nervous system carries messages from your brain to all body areas. Damage to your spinal cord can result in loss of bodily functions, paralysis, or loss of sensations.
These injuries are devastating to the injury victim and their families. Injuries to the spinal cord will require extensive therapies and life-long care. Families face extraordinary medical costs when caring for a spinal cord injury.
If your spinal cord was injured during an accident that was not your fault, you can seek compensation for your injury and losses.
Causes Of Spinal Cord Injuries
Spinal cord injuries are always a result of a traumatic injury or blunt force contact to the spine. Car accidents, followed by falls, are the most frequent cause of spinal cord injuries. A tiny percentage of spinal cord injuries are attributed to violent acts, sports activities, or medically related injuries.
Lawsuits Associated With Spinal Cord Injuries
Spinal cord injuries can have significant and long-lasting impacts on individuals’ lives. As a result, lawsuits may arise in various situations where negligence or wrongful actions have led to such injuries. Here are some common scenarios where lawsuits may be associated with spinal cord injuries:
Personal Injury Claims:
Spinal cord injuries often occur due to accidents, such as car crashes, slip and falls, construction site accidents, or sports-related incidents. In these cases, if the injury was caused by another party’s negligence or reckless behavior, the injured person may file a personal injury lawsuit to seek compensation for medical expenses, lost wages, pain and suffering, and other damages.
Medical Malpractice:
Spinal cord injuries can also result from medical mistakes, such as surgical errors, anesthesia errors, or misdiagnoses. If a healthcare professional’s negligence or failure to adhere to the standard of care caused the spinal cord injury, the affected patient may have grounds for a medical malpractice lawsuit.
Product Liability:
Defective products, including medical devices, vehicles, or safety equipment, can sometimes lead to spinal cord injuries. In such cases, the injured person may pursue a product liability lawsuit against the manufacturer, distributor, or seller of the faulty product.
Workplace Accidents:
Spinal cord injuries can occur on the job, particularly in industries with hazardous conditions. Employees who sustain spinal cord injuries due to workplace accidents may be eligible to file a workers’ compensation claim, seeking benefits for medical expenses and lost wages. In some cases, if a third party (not the employer) was responsible for the injury, a personal injury lawsuit may be pursued against that party.
Premises Liability:
Property owners have a duty to maintain safe conditions on their premises. Suppose a spinal cord injury is caused by a dangerous condition, such as poorly maintained premises, inadequate security, or unsafe facilities. In that case, the injured party may bring a premises liability lawsuit against the property owner or manager.
Intentional Torts:
Rarely, spinal cord injuries may result from intentional harm, such as assault, battery, or other criminal acts. In these instances, the injured party may file a civil lawsuit against the perpetrator seeking compensation for damages.
Insurance Companies Will Fight Spinal Cord Injury Claims
Comparative negligence is a defense strategy that the insurance company may use to show that the injury victim is partially at fault for their own spinal cord injury.
The insurance company may argue that the injury victim was not exercising reasonable care and caution when they suffered the spinal cord injury. They may argue that the victim’s actions contributed to the accident, and therefore, they are partially responsible for their injury.
This defense strategy is commonly used to reduce the compensation the insurance company must pay.
Accepted risk is another defense strategy that insurance companies may use to avoid paying spinal cord injury claims.
The insurance company may argue that the injury victim knew of the potential risks associated with a particular activity and assumed the risk.
This defense strategy is commonly used in cases where the injured victim participates in high-risk activities such as skydiving, bungee jumping, or extreme sports.
If the insurance company can successfully prove that the injury victim accepted the risks associated with the activity, they may not be liable for the injury victim’s spinal cord injury.
Other common excuses insurance companies make to avoid paying spinal cord injury claims to include disputing the injury’s severity or the cost of the required medical care and therapies.
The insurance company may argue that the spinal cord injury is not as severe as the injury victim claims, and therefore, they do not need as much medical care and therapies as they request.
The insurance company may argue that the medical care and therapies are unnecessary or too costly. In these cases, the insurance company may attempt to negotiate a lower settlement with the injury victim, leaving them with insufficient compensation to cover their needs.
It is essential for injury victims with spinal cord injuries to seek the assistance of an experienced personal injury attorney to protect their rights and secure the compensation they deserve.
An experienced attorney can help injury victims gather the necessary evidence to prove liability, establish the full extent of their injuries and the costs of their medical care and therapies, and negotiate a fair settlement with the insurance company.
Spinal cord injuries can devastate an injury victim’s life, and insurance companies are often aggressive in their efforts to avoid paying claims for these injuries.
It is crucial for injury victims to be aware of the common excuses insurance companies make to avoid paying claims and seek legal representation to protect their rights and secure the compensation they deserve.
Comparative Negligence
One of the tactics that the insurance company will try to use is comparative negligence. They will look for ways to show that the injury victim was partially responsible for the accident or injury.
Suppose they can show that the injury victim was even partially at fault for the accident or injury. In that case, they can significantly reduce the claim’s value or deny it altogether.
Accepted Risk
The insurance company may try to say that the injury victim willingly accepted risk in participating in an activity, such as rock climbing. Therefore they are not obligated to cover the injury.
Having a spinal cord injury attorney manage your compensation claim can help you avoid complex issues like these with your case.
Compensation Available For Spinal Cord Injuries
When a person has been injured in an accident that was not their fault, they have the right to seek damages from the responsible party. These damages include economic and non-economic forms of compensation.
When an injury includes a spinal cord, it is easy to understand that the compensation package will be much larger than other types of injuries. This is because most spinal cord injuries require lifelong medical care and loss of earning capacity.
If you have been involved in an accident that has damaged your spinal cord, you may be entitled to one or more of the following types of compensation:
Economic Damages
- Current medical care costs
- Future medical care costs, including homecare costs
- Loss of current income and benefits
- Loss of future earning capacity
- Cost of services that injury victim can no longer perform
- Cost of adapting house and vehicle to accommodate injury
- Medical equipment costs for wheelchairs and other devices
Non-Economic Damages
- Pain and suffering
- Mental anguish
- Loss of companionship
- Disability
Additional forms of compensation may be available to the injury victim based on the facts of their case. Speaking with an attorney will help establish the types of compensation that apply to your claim.
Get Help From A Spinal Cord Injury Lawyer
Spinal cord injuries are catastrophic events that will change the injury victim’s life. Insurance companies will be very aggressive about these types of claims, and it will always be in the injured party’s best interest to have legal representation for their claim.
To get help with your case, click “Find a Lawyer,” and we will connect you with attorneys who manage spinal cord injury claims. You do not have to face the insurance companies on your own. Schedule a free case evaluation today.