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.
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
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.