If you’ve suffered a spinal cord injury due to someone else’s negligent or reckless behavior, you and your family may be facing physical, emotional, and financial challenges. Spinal cord injuries often result in life-altering consequences.
This can lead to permanent disability, extensive medical treatments, and ongoing care.
With help from a Charleston spinal cord injury lawyer, they can help you secure the compensation necessary to support your recovery and protect your family’s future.
At DiPiero Simmons McGinley & Bastress, PLLC, we understand the serious impact a spinal cord injury can have on your life. Find out how our firm can help during this difficult and stressful time. Contact us today for a free consultation.
When Does Negligence Cause Spinal Cord Injuries?
In some cases, negligence can play a role in these types of injuries, especially when it comes to personal injury cases. When someone fails to exercise the level of care that a reasonably competent person would in the same circumstances, that is negligence. Some of these common scenarios where negligence leads to spinal cord injuries include:
- Motor vehicle accidents: According to the United Spinal Association, these accidents make up 39.3% of spinal cord injuries. Speeding, reckless driving, driving under the influence (DUI), or distracted driving can cause car, truck, or motorcycle accidents that lead to serious spinal cord injuries. The negligent driver may be liable for damages if their reckless or careless actions cause the injury.
- Slip and fall accidents: These injuries can occur when someone falls due to hazardous conditions, such as wet floors, uneven surfaces, or poorly maintained premises. The property owner may be considered negligent for failing to make sure there are safe conditions on the premises.
- Workplace accidents: Negligence in the workplace, especially in industries like construction or manufacturing, can lead to these injuries. Employers who fail to provide proper safety equipment, adequate training, or maintain safe working conditions can be held responsible.
- Medical malpractice: If healthcare professionals fail to exercise the proper standard of care, injuries could occur to the spinal cord. These can happen when there are surgical errors, improper administration of anesthesia, or misdiagnosis. The healthcare provider or medical institution may be liable for damages under medical malpractice law.
- Sports and recreational accidents: When proper safety guidelines are not followed, accidents happen. Sometimes, this results from failing to provide safety gear or allowing participants to engage in dangerous activities without adequate supervision.
In any of the above scenarios, there is an element of negligence. You need to prove that the defendant’s wrongdoing led to your injuries. These elements include:
- Duty of care: The defendant had a legal obligation to act with a reasonable level of care.
- Breach of duty: With that, they failed to meet that obligation by acting carelessly or recklessly.
- Causation: The defendant’s breach of duty directly caused the spinal cord injury.
- Damages: As a result, the injury resulted in some type of harm, such as medical expenses, lost wages, pain and suffering, and long-term care needs.
In these cases, you will want to reach out to an experienced Charleston spinal cord injury lawyer. With this assistance, they can help you determine if you have a valid case.
Types of Spinal Cord Injuries
According to data from the National Library of Medicine (NLM), nearly 17,000 new cases of spinal cord injury occur annually in the United States. Depending on the location and severity of the injury, there are several classifications. These injuries are either complete or incomplete.
With a complete injury, a person will suffer a total loss of sensation and motor function below the level of injury. In these cases, both sides of the body are affected.
Often, this results in paralysis. Spinal cord injury victims may have a loss of function in the arms, hands, trunk, legs, and pelvic organs, which is known as quadriplegia. In other situations, they may also experience a loss of sensation in the trunk or legs, which is called paraplegia. Some individuals will have an incomplete injury. That means partial motor or sensory function preservation is below the injury site.
The severity can vary. Sometimes, the patient may retain some level of movement or sensation.
Each type of spinal cord injury requires a unique approach to medical treatment and rehabilitation, often involving physical therapy, surgical intervention, and long-term care strategies to manage symptoms and improve quality of life.
Like the types of spinal cord injuries, the outlook can vary as well. Unfortunately, the prognosis for a complete spinal cord injury is bleak. Once the spinal cord is completely severed or irreparably damaged, there is little chance of recovering lost function. While advances in rehabilitation, assistive technology, and stem cell research offer some hope, recovering any movement and sensation is rare.
On the other hand, those with incomplete injuries have a more hopeful outlook. Since they often have some preserved motor or sensory function, they may be able to recover. The degree of recovery will vary between patients. With intensive rehabilitation, some can see improvement in mobility and independence.
The Economic Impact of Spinal Cord Injuries
Spinal cord injuries don’t change lives physically; they also create a tremendous financial burden. According to the National Spinal Cord Injury Statistical Center, the lifetime costs for someone living with a spinal cord injury can range from hundreds of thousands to several million dollars, depending on the severity of the injury and the person’s age at the time.
These expenses often include:
- Emergency medical care and hospitalization
- Multiple surgeries and ongoing treatments
- Physical therapy and rehabilitation
- Specialized medical equipment, such as wheelchairs or home modifications
- In-home care or assisted living support
For many families, the loss of income is just as devastating as the medical bills. Victims may be unable to return to work or may need to transition to a lower-paying job, which puts long-term financial security at risk. That’s why pursuing full and fair compensation is important. This is not just for today’s costs, but for the future as well.
Wrongful Death from Spinal Cord Injuries
Unfortunately, some spinal cord injuries are fatal. This can happen immediately or due to complications that develop later. When negligence leads to a loved one’s death, families are left not only with overwhelming grief but also with sudden financial strain.
A wrongful death claim can help surviving family members recover damages for:
- Funeral and burial expenses
- Loss of financial support and benefits
- Loss of companionship and guidance
- Emotional suffering caused by the death
While no amount of compensation can make up for such a loss, holding the negligent party accountable can provide families with a measure of justice and the financial stability needed to move forward.
Types of Compensation in Pursuing a Claim
You could be entitled to several forms of compensation when you can prove negligence in a spinal cord injury case. These can include:
- Medical costs: Spinal cord injuries often require extensive and costly medical care, sometimes for life.
- Lost wages: Often, a spinal cord injury can prevent a person from working, either temporarily or permanently. This compensation can cover past lost wages and future earning potential.
- Pain and suffering: This is a form of non-economic damage. Compensation can cover both physical pain and emotional trauma caused by the injury.
- Loss of quality of life: Many times, these injuries lead to drastic changes in a person’s life after suffering a spinal cord injury. This compensation acknowledges and addresses these changes and their long-term impact on your happiness and well-being.
The long-term effects of spinal cord injury can be financially, physically, and emotionally devastating. You will want to seek full compensation to ensure that you receive the medical care and support you need for a dignified and independent life.
Why You Need a Charleston Spinal Cord Injury Lawyer
When these injuries are caused by negligence, these claims can have legal, medical, and financial complications. You will want to have an experienced lawyer on your side.
Whether you’re filing a medical malpractice or personal injury claim, there are several steps, such as filing claims, gathering evidence, negotiating settlements, and possibly going to trial. You will want to have an attorney to help manage all these procedures.
Dealing with a spinal cord injury is emotionally and physically exhausting. Without legal representation, you might overlook important legal rights or make mistakes in handling your case.
Plus, insurance companies, employers, or negligent parties may try to take advantage of your vulnerability by offering lowball settlements or shifting blame. A skilled lawyer will protect you from these tactics and fight for fair treatment under the law.
Your attorney will account for your current and future medical expenses, lost wages, pain and suffering, loss of quality of life, and other costs. Without professional legal help, you may undervalue the full extent of your damages. And that can mean missing out on your deserved compensation.
FAQs About Spinal Cord Injury Cases
If you’re considering legal action after a spinal cord injury, you probably have a lot of questions about what to expect. Here are some of the most common ones we hear from clients in Charleston and throughout West Virginia.
Can spinal cord injury victims qualify for disability benefits in addition to a lawsuit?
Yes. Depending on the severity of your condition, you may be eligible for Social Security Disability Insurance (SSDI) or Supplemental Security Income (SSI) benefits. A lawyer can guide you through applying while also pursuing your injury claim.
What if the accident happened while I was on the job?
Workplace spinal cord injuries may involve both a workers’ compensation claim and a potential personal injury lawsuit, especially if third-party negligence played a role.
Can adaptive technology or home modifications be included in my claim?
Costs for wheelchairs, vehicle modifications, home accessibility renovations, and other adaptive technology can be factored into your compensation demand.
How do spinal cord injury claims differ from other personal injury cases?
These claims are more complicated and high value because they involve permanent disabilities, lifelong care, and specialized medical testimony. That is why you want to talk to one of our Charleston spinal injury lawyers who are experienced in catastrophic injury litigation.
What if my injury symptoms appear weeks after the accident?
Some spinal cord injuries are not immediately apparent. If symptoms develop later, you can still pursue a claim as long as you file within the statute of limitations. Getting medical attention right away helps establish a clear link between the accident and your condition.
Contact an Experienced Charleston Spinal Cord Injury Lawyer
Spinal cord injuries can be debilitating and lead to life-changing consequences. If someone’s reckless or negligent behavior led to your injury, then you can hold them accountable for their actions.
At DiPiero Simmons McGinley & Bastress, PLLC, we can help with your claim.
Get in touch today with a Charleston spinal cord injury lawyer to discuss your case. Let us help you get the compensation you deserve.
