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Spinal Cord Injury Lawsuits: What You Should Know

Spinal Cord Injury Lawsuits: What You Should Know

Posted By The Dunnion Law Firm || 24-Jan-2017

Spinal cord injuries are some of the worst, most debilitating injuries people can suffer from. Very often, people can’t completely recover from them, and suffer some form of lifelong injury or even disability as a result. Those who can recover often face a long, painful and expensive road to getting their life back.

It can be truly devastating for the injured party and all of their loved ones. When the injury is someone else’s fault, the injured parties deserve compensation for their injuries, but this, too, can be a tough road requiring time and patience. Read about the process of a spinal cord injury lawsuit, what is involved, and how hiring a personal injury lawyer is vital to getting compensation.

Spinal Cord Injury

Spinal cord injuries occur when damage is done to the nerves that run through your backbone. These nerves, your spinal cord, are the center of your entire body’s communication, where all the messages to and from your brain travel.

When this communication is disrupted through injury, people can be left paralyzed for life. They can lose sensation in their limbs. They can even experience psychological disorders, sexual dysfunction, bladder control problems and a range of severe health conditions as a result.

Spinal Cord Injury Lawsuit Justifications

There are two general types of spinal cord injury lawsuit that can arise from someone suffering such an incident that is the fault of someone else. These are those lawsuits that cite negligence, meaning someone was acting without reasonable care and you got hurt as a result; and those lawsuits that result from a defective product, which means there was a manufacturing defect in something you were using which caused you to become injured.

The first of these types of lawsuit falls under personal injury law, while the second falls under product liability law. There are also suits that fall into a gray area between the two.

Spinal Cord Injury Defenses

The main kinds of defense that are offered up in these sorts of cases include the argument that the plaintiff’s own careless or reckless actions caused the injury, thus clearing (or at least reducing) the responsibility of the defendant.

The second is the “assumption of risk” defense, which says you were engaging in an activity known to be risky, so the fault lies in your choice to take the risk. This is often used in cases of sports injury.

Potential Compensation

When you are hurt in a spinal injury case, you can be entitled to a number of different types of compensation. These include damages to cover your medical expenses, pain and suffering, ongoing healthcare and rehabilitation costs, accessibility modifications to your home, loss of relationships, loss of wages and future potential earnings, and even in some rare cases, punitive damages (if the action that led to your injury was particularly grievous).

Hiring a Personal Injury Lawyer

Because there are so many different circumstances that can lead to this kind of injury, so many different forms of potential compensation, and a ton of legal complications that could arise, if you suffer any serious injury it’salways in your best interest to seek the services of a qualified personal injury lawyer.

A lawyer can help you prove negligence or defect, fight defense and non-payment tactics, protect your rights and get you the justice and compensation that you deserve. If you need help in the San Jose area, call Dunnion Law for a free consult today.

Categories: Spinal Cord Injury