Whether you can control your limbs after a spinal cord injury depends on where the injury occurred at your spine and how severe (or “complete”) the injury was. When you lose all feeling and ability to control movement below the place on your spine where the injury occurred, your injury is complete. If you are left with some motor function or sensation below the affected location on your spine, the injury is incomplete. At The Law Office of Black & DePaoli, PC, our California personal injury lawyers understand the high stakes in these cases. From our Folsom office, we can represent you in a lawsuit against the person or entity at fault.
Seeking Compensation for a Spinal Cord Injury
Spinal cord injuries may result from many different types of accidents, including motor vehicle collisions or accidents caused by dangerous conditions on someone else’s property. For many people with spinal cord injuries, proving the liability of another person or entity is the only way that they can afford the significant costs of suffering these injuries. In most cases, an accident is a result of negligence by one or more parties. To establish another party’s negligence, you will need to show that he or she owed you a duty to use reasonable care and breached that duty, thereby causing your injuries. If you can establish negligence or another theory that enables recovery from a defendant or the defendant’s insurer, such as strict liability or premises liability, you likely can receive compensation for the economic and non-economic damages that flow from a spinal cord injury.
Economic and non-economic damages include:
- Medical expenses
- Lost wages
- Pain and suffering
- Mental anguish
Sometimes a spinal cord injury results in paralysis, for which it may be necessary to obtain in-home assistance, household services, and long-term rehabilitation services. In cases involving severe spinal cord injuries, it may be necessary to retain economists and other experts to testify about the need for in-home assistance and the wages that would have been earned by the accident victim had he or she not been hurt.
In spite of the tremendous difficulties faced by people who suffer spinal cord injuries, the insurance adjuster for the other party may be more focused on profit and reducing liability than providing fair compensation. You should not sign anything or speak to the adjuster for the other party before consulting an attorney. Often, an adjustor is trying to obtain an admission that would result in your compensation being less than it should be. California follows the doctrine of comparative negligence, under which your compensation may be reduced by an amount equal to your percentage of fault. An adjuster for the other party will look for any way in which to use this doctrine to their client’s advantage.
Discuss Your Injury Case With Our California Personal Injury Lawyers
If you suffer a spinal cord injury, you should obtain experienced, knowledgeable legal counsel. These injuries are often life-altering, and it is important to work with a Folsom personal injury lawyer who understands the ways in which they have affected your life. Folsom personal injury attorney Travis G. Black worked for the insurance industry before establishing his own firm in Folsom. He now wields his knowledge of insurance adjustors in the service of his clients. Contact us online or call The Law Office of Black & DePaoli, PC at (916) 962-2896 to set up a free consultation if you need a car accident attorney or guidance with another personal injury claim.