A spinal cord injury is a life-altering event. It can affect your mobility, independence, and overall quality of life in ways you likely never imagined. Even more upsetting is when such an injury happens because someone else was careless or negligent. Whether it’s due to a distracted driver, unsafe workplace conditions, or negligent medical care, you have legal rights to hold them accountable and pursue the compensation you deserve.
If you or a loved one has experienced a spinal cord injury because of negligence, here’s what you need to know about your rights and the steps you can take to seek justice.
How Negligence Can Cause Spinal Cord Injuries
Negligence happens when someone fails to act with the level of care that a reasonable person would, resulting in harm to another. When reckless or careless behavior leads to a spinal cord injury, the consequences can be devastating, often involving partial or complete paralysis and long-term medical complications.
Here are common examples of how negligence can cause spinal cord injuries:
1. Car and Truck Accidents
Distracted driving, speeding, drunk driving, or ignoring traffic laws are all forms of negligence that can lead to collisions causing spinal trauma.
Example: A driver texting behind the wheel rear-ends your car, crushing the vehicle and injuring your spine.
2. Slip and Fall Accidents
Property owners have a duty to keep their premises safe. Failing to address hazards like wet floors, uneven surfaces, or broken stairs can lead to accidents.
Example: You fall down a poorly maintained staircase at a store and sustain a spinal cord injury.
3. Workplace Accidents
Employers must provide safe working environments. If safety protocols are ignored, workers face increased risks of accidents.
Example: Falling from an improperly secured scaffold at a construction site results in a spinal injury.
4. Medical Negligence
Mistakes during surgery, failure to diagnose injuries early, or improper handling by medical staff can cause spinal damage.
Example: A surgeon negligently damages your spine during a routine procedure, leading to permanent mobility issues.
5. Sports and Recreation Incidents
Negligent supervision, poor equipment maintenance, or unsafe facilities at sports or recreational venues can result in spinal cord injuries.
Example: You suffer an injury at a gym with faulty exercise equipment or during improperly supervised activities.
Identifying negligence is crucial because it forms the foundation of most personal injury claims.
Understanding Your Legal Rights
If someone else’s negligence caused your spinal cord injury, you have the legal right to seek compensation for your damages. This often involves filing a personal injury claim or lawsuit. Here’s what your rights may entitle you to pursue:
1. Medical Expenses
A spinal cord injury often requires extensive and ongoing medical care, such as surgeries, therapy, medication, and adaptive equipment. Compensation should include both past expenses and future anticipated costs.
Example: If your treatment plan includes years of physical therapy and a wheelchair, these expenses should be reflected in your claim.
2. Lost Wages and Future Earnings
Spinal injuries can leave victims unable to work temporarily or permanently. You have the right to be compensated for lost wages and loss of earning capacity.
Example: An accountant with a spinal cord injury may receive compensation for the years of work they can no longer perform.
3. Pain and Suffering
The physical pain and emotional trauma from a spinal injury can be overwhelming. Compensation can account for these non-economic damages as well.
Example: Paralysis or chronic pain from a spinal injury may significantly affect quality of life, which the courts can consider when awarding damages.
4. Home and Lifestyle Modifications
Adapting to life with a spinal injury often means modifying your home, car, and daily routines.
Example: If you need to install a wheelchair ramp at home, those costs may be included in your compensation.
5. Wrongful Death Claims
If a spinal cord injury results in the death of a loved one, families may seek compensation for funeral expenses, loss of companionship, and other damages through a wrongful death lawsuit.
Remember, every case is unique. A trusted attorney can help you determine what damages apply to your situation and calculate their value.
Steps to Take to Pursue Compensation
Taking action after a spinal cord injury may seem daunting, but the right steps can protect your rights and build a strong case for compensation. Here’s what you should do:
1. Seek Immediate Medical Attention
Your health comes first. Even if symptoms seem mild at first, spinal injuries can worsen over time. Prompt medical care also helps document the extent of your injuries, which is crucial for your claim.
2. Document Everything
Gather as much evidence as possible. This may include accident reports, photos of the scene or hazard, medical records, and witness statements.
Example: If you were injured in a car accident, request the police report and take pictures of any visible damage or injuries.
3. Notify the Responsible Party and Insurance Company
If you’re filing an insurance claim, notify the insurer promptly. However, exercise caution when speaking to adjusters—they may try to minimize your claim. Stick to the facts and avoid giving detailed statements without legal guidance.
4. Consult an Attorney
Navigating a spinal cord injury claim can be incredibly complex. Working with an experienced personal injury attorney ensures you have someone advocating for your rights and negotiating with insurers or opposing parties.
Tip: Look for an attorney with specific experience handling spinal cord injury or serious negligence cases. They’ll understand the nuances of these claims and help maximize your compensation.
5. File Your Claim or Lawsuit
Your attorney will help you file the claim within the applicable statute of limitations. Missing this deadline can mean losing your right to compensation.
6. Prepare for Negotiation or Trial
Most personal injury cases settle out of court, but some require litigation. Your attorney will work to negotiate a fair settlement but will be ready to take the case to trial if needed.
Pensacola Spinal Cord Injury Attorney
If you or a loved one has suffered a spinal cord injury due to negligence, Crawford Law in Pensacola, FL, is here to help. Our experienced attorneys specialize in personal injury cases and are dedicated to fighting for the rights of injury victims. Contact us today at (850) 220-2098 to schedule a consultation and learn more about how we can assist you in seeking justice and compensation.