What’s the first thing that crosses your mind when you get out of bed in your mid-20s? Back pain. Now multiply that pain by 100 times—that’s what even a mild spinal cord injury can feel like. In more severe injuries, the damage can be permanent. This is mainly why spinal cord injury victims take legal action.
Spinal injuries do not get the attention they deserve from the general public because they might not seem likely to happen to others. However, that’s not the truth
Spinal Cord Injury and The Need for Serious Measures
Spinal cord injuries occur far more frequently than many realize, profoundly impacting victims’ lives. Such injuries often result in catastrophic, permanent damage affecting bodily functions and creating extensive physical pain.
Severe spinal cord injuries, particularly complete spinal cord injury cases, can lead to total loss of movement or sensation, dramatically altering one’s quality of life. Understanding the legal landscape surrounding spinal cord injuries helps victims navigate the complexities of personal injury lawsuits and secure the compensation they deserve.
Why Spinal Cord Injury Victims Take Legal Action
Victims of spinal cord injuries commonly pursue legal action primarily due to the overwhelming financial burden associated with their condition.
Medical expenses arising from initial treatment, ongoing rehabilitation, physical therapy, and necessary assistive devices quickly accumulate into substantial debt.
Medical bills alone, in addition to the costs of undergoing surgery or advanced medical procedures, can financially devastate victims and their families.
Beyond financial strain, victims often experience significant emotional distress and psychological trauma, complicating their recovery and overall quality of life.
Dealing with insurance companies frequently compounds this stress, as insurers may attempt to minimize compensation or unjustly deny legitimate claims altogether. Consequently, spinal cord injury victims often seek representation by an experienced spinal cord injury lawyer to navigate complex legal systems effectively.
Common Causes of Spinal Cord Injuries
Spinal cord injuries commonly result from motor vehicle accidents, sports injuries, gunshot wounds, and medical malpractice. Vehicle accidents, particularly car accidents, represent a significant portion of spinal cord injury cases.
Moreover, misconceptions related to spinal cord injury cases can also add more confusion for the victims, slowing down the compensation process.
Cervical injuries, often accompanied by brain trauma, are especially severe, demanding immediate and ongoing medical care from qualified healthcare professionals.
In cases involving vehicle accidents, liability frequently hinges upon proving negligence. There are several legal details involved, and we’ll break them down for you.
Nevada Revised Statutes (NRS) 41.141,
According to Nevada Revised Statutes (NRS) 41.141, Nevada operates under a modified comparative negligence system.
This statute indicates that if the injured party’s negligence is not greater than the negligence of the party against whom recovery is sought, they may recover damages proportionate to the negligence of each party involved.
This simple legal boundary can be used while seeking spinal cord injury treatment fully covered from the parties at fault. Since medical treatment is expensive, many spinal cord injuries go untreated if the victims do not get financial coverage.
Legal Foundations of Spinal Cord Injury Lawsuits
Spinal cord injury lawsuits typically fall under personal injury claims, a category of civil law addressing harm caused by another’s negligent or intentional actions. Central to personal injury claims is proving negligence, which involves four key elements:
- Duty of Care: Establishing that the defendant owed a duty of care to the plaintiff.
- Breach of Duty: Demonstrating that the defendant breached this duty by acting carelessly or recklessly.
- Causation: Proving that this breach directly caused the spinal cord injuries.
- Damages: Showing actual harm or loss, such as physical injuries, emotional distress, or financial losses.
For instance, a victim injured in a car accident due to another driver’s reckless driving must establish these four elements to pursue compensation successfully.
Medical Malpractice and Spinal Cord Injuries
Medical malpractice cases involving spinal cord injuries arise when healthcare professionals deviate from accepted standards of medical care.
Under Nevada Revised Statutes (NRS) Chapter 41A, victims must establish that healthcare providers’ negligence directly led to the spinal cord injury.
This process typically involves reviewing detailed medical records and expert testimony highlighting deviations from accepted medical practices.
Documentation in Spinal Cord Injury Claims
Detailed documentation, particularly comprehensive medical records, is critical to spinal cord injury claims. Medical records serve as evidence of the injury’s severity, necessary treatments, costs incurred, lost wages, and future expenses related to permanent disability.
Fortunately, experienced spinal cord injury attorneys meticulously review these documents to substantiate claims and negotiate effectively with insurers.
Types of Compensation Available
In spinal cord injury lawsuits, victims seek compensation covering various economic and non-economic damages:
- Economic Damages: Tangible financial losses, including medical expenses, rehabilitation costs, physical therapy, assistive devices, lost wages, and future earning capacity.
- Non-Economic Damages: Intangible losses, such as pain and suffering, emotional distress, psychological trauma, loss of enjoyment of life, and reduced quality of life.
Nevada law (NRS 42.005) also allows punitive damages in cases involving malicious intent, oppression, or gross negligence. Punitive damages aim to punish defendants for egregious misconduct and deter similar future behavior.
Legal Representation and the Role of Attorneys
Engaging an experienced spinal cord injury attorney is essential to navigating the legal process efficiently. Attorneys specializing in personal injury lawsuits provide invaluable legal counsel, advocating aggressively for victims to receive maximum compensation.
They handle intricate interactions with insurance companies, manage paperwork, gather evidence, and prepare for potential court proceedings.
Typically, the legal process begins with a free consultation at a reputable law firm. During this meeting, the attorney evaluates the details of the spinal cord injury claim and its various factors.
This can include circumstances under which injuries occurred. The attorney also outlines potential legal strategies tailored to achieve fair compensation for the victim.
The Importance of Timely Legal Action: Why it Matters
Time is a critical factor in spinal cord injury lawsuits. Nevada imposes statutes of limitations on personal injury cases. Under NRS 11.190(4)(e), victims generally have two years from the injury date to initiate legal proceedings. Failing to act within this timeframe typically forfeits the right to seek compensation.
Treatment Costs and Ongoing Care
Victims with spinal cord damage often require long-term or lifelong medical care, including extensive rehabilitation and ongoing physical therapy.
Treatment costs extend beyond immediate medical procedures, encompassing continuous medical care, surgeries, prescription medications, psychological counseling, and specialized medical equipment.
These significant ongoing expenses underscore the necessity of seeking comprehensive financial compensation through the legal system.
Assistive Devices and Rehabilitation
Assistive devices, including wheelchairs, home modifications, specialized transportation, and other medical equipment, significantly enhance spinal cord injury victims’ quality of life.
Comprehensive spinal cord injury lawsuits account for these crucial expenses, ensuring victims can afford necessary devices and services.
Rehabilitation efforts, including occupational and physical therapies, also factor prominently into claims for damages.
Wrapping It Up
Spinal cord injury victims face daunting medical, financial, and emotional challenges. Legal action provides a path toward relief, ensuring they receive fair compensation to manage their lifelong medical needs and financial burdens effectively.
Engaging skilled legal representation not only enhances the prospects for a successful outcome but also alleviates the stress associated with navigating complex legal systems.
Understanding relevant laws, documenting their conditions meticulously, and acting swiftly, lets victims improve their quality of life post-injury. However, all of these legal steps can feel overwhelming in some cases. Therefore, we recommend seeking legal assistance from a reliable law firm.
BLG- How Spinal Cord Injury Victims Take Legal Action
Our spinal cord injury lawyers at Bourassa Law Group have been handling such time-sensitive and costly cases for years. Our professionals have the exposure and understanding for your case. All you need to do is share the details of the incident with our personal injury attorney, and we will take care of the rest.
1-800-870-8910