spinal cord injury

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’s 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 is the result of 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 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 a trial court requires. Even so, it’s essential that you seek legal assistance. This will ensure you don’t accept 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 demonstrates 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 can establish that the other person was negligent, you’ll be eligible to receive damages for the spinal injury. It’s imperative that you seek recovery for your spinal cord injury before the statute of limitations bars your claim.

Failure to file a claim within the time limit will prevent you from taking any future legal action. Therefore, timely filing of the spinal cord injury claim may qualify you for general damages for pain and suffering. This includes emotional and physical pain, medical expenses, lost earnings, and special damages.

If you’re 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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