Spinal Cord Injury and Liability

Spinal cord injury will often result from a blow to the spine, which damages the vertebrae. While a spinal injury can be caused by a disease, most spinal injuries result from car accidents, falls or from a recreational sport. Depending on the severity of your spinal injury, you may end up suffering from a lifelong disability. It is therefore imperative that you file a claim against the person at fault for the injury.

Types and Causes of Spinal Injuries

A spinal injury will often lead to the loss of the ability to feel or move. Such an injury could be either complete or incomplete. In the event that you suffer from a complete spinal injury, you are likely to lose your nerve function, as well as the ability to control your movements below the injury. This will often include your inability to control your legs, bladder and bowels. On the flip side, an incomplete injury will not sever your entire ability to feel or move. While each case is essentially different, most victims of incomplete spinal injury will experience feelings below the spinal injury, while retaining some capacity to move. Apart from the injury that is caused by disease, spinal cord injuries usually occur when trauma to the spine leads to a fracture, or crushes or dislocates the vertebrae. Spinal cord injuries are generally permanent, but some mild cases experience a certain degree of recovery.

How to Sue for Spinal Cord Injuries

If your spinal cord injury has been caused by another person's actions or negligence, you are entitled to bring a personal injury claim. Personal injury often encompasses the theories of strict liability, negligence and intentional torts. Negligence refers to a person's failure in acting as a rational and prudent person would in similar circumstances.

Determination of Fault

Car accidents are considered to be the leading cause of spinal cord injuries, especially among individuals under the age of 65. It is, however, not uncommon to find that most claims do not go to trial, as negotiations will often take place out of court with the liable party's insurance company. Such a situation will not require you to provide the kind of evidence that is required by a trial court. Even so, it is essential that you seek legal assistance to ensure you do not get intimidated into accepting an inadequate settlement by the other party's insurance company. In the event that the case goes into court, fault will be established through a review of the police accident report. This is aimed at demonstrating that the other party violated a law. Alternatively, the report will show that the type of accident in question, including a rear-end collision, establishes fault automatically. If you manage to establish that the other person was negligent, you will be eligible to receive damages for the spinal injury sustained. It is extremely imperative that you seek recovery for your spinal cord injury before your claim is barred by the statute of limitations. Failure to file a claim within the time limit will prevent you from taking any future legal action. Timely filing of the spinal cord injury claim may qualify you for general damages for pain and suffering, including the emotional and physical pain, medical expenses, lost earnings and special damages among others. If you are looking for an exceptional personal injury lawyer in Chicago and Illinois, contact Marc J. Shuman. They have seasoned lawyers who will competently represent you in court, significantly improving your chances of winning.

 

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