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Spinal Cord Injury Case



October 5th, 2016

Spinal cord injuries

Many people suffer spinal cord injuries each year as a result of catastrophic motor vehicle accidents, falls, defective products, medical errors, slip and falls, and other causes. Spinal cord injuries can be devastating and life-altering to individuals and their families. If you have sustained a spinal cord injury due to someone else’s negligence, you have the legal right to financial compensation for your injuries. Victims of spinal cord injuries are entitled to compensation for medical expenses, rehabilitation, counseling and psychiatric care,loss of wages, loss of future earnings and income, loss of enjoyment and other damages.

Proving Fault

The person who caused or contributed to the spinal cord injury can be held liable, including negligent drivers, manufacturers of a dangerous product, medical practitioners or property owners. In order to obtain compensation for your spinal cord injury, you must prove the following:

  • You sustained spinal cord injuries from the incident or accident and not from pre-existing conditions.
  • The party at fault is responsible for causing your injuries.

A spinal cord injury case is based on one of the following legal doctrines:

  1. Negligence

  2. Negligence occurs when one fails to exercise reasonable care in any circumstance. Examples of negligence include car accidents, slip and falls and medical malpractice. To prove negligence, one must show that the defendant failed to take reasonable precautions to protect you from the risk of harm. In other words, you must prove that the defendant acted in a way that showed recklessness disregarding your safety.

  3. Contributory Negligence

  4. This means the plaintiff contributed to his/her injury by failing to act in a reasonable and prudent manner. In a contributory negligence case, a plaintiffmay be entitled to a portion of the overall damages depending on his/her degree of fault.

  5. Intentional Harm

  6. An intentional harm occurs when the defendant’s wrongful act causes harm to the plaintiff. Examples include abusive acts, assault, and battery. If your spinal cord injury resulted from someone else’s intentional conduct, you need to present evidence to demonstrate that the defendant acted in a way that he/she knew would cause harm.

  7. Strict Liability

  8. In strict liability, the plaintiff does not need to prove negligence or intentional harm. Strict liability makes a person or company legally responsible for their products or actions which cause the injuries.
    Examples include defective or dangerous products. The plaintiff must prove that his/her spinal cord injury resulted from using the product, as it was intended.

Statutes of Limitations for a Spinal Cord injury Case

Statutes of Limitations is the deadline for filing a lawsuit. Any lawsuit arising from an accident or injury must be filed within a certain time limit or the injured person’s legal claim will be barred and his or her right to sue will be lost forever. Statutes of Limitations for a personal injury claim (including spinal cord injuries) vary from state to state, however, the period is usually between one to three years from the time the plaintiff discovers their injury.

Statute of Limitations for Minors

If a minor (under the age of 18 years) is injured the statutes of limitations is extended. Usually, the statute of limitations for minors does not begin to run until he/she reaches the age of 18. For example, if a minor was 14 years old when injured, depending on the injury and the law of the state, he/she may have a total of 6 years to file a claim (four years until he/she turns 18 and two years for the statute of limitations).

Statute of Limitations Against the Government

The statute of limitations for claims against the government entities is shorter. The injured parties must file the case within 6 months (for some cases, 1 year from the time the plaintiff discovers their injury.

Contact Spinal Cord Injury Lawyers at The Dervishi Law Group, P.C.

Spinal injury cases can be complex, and they require knowledgeable spinal cord injury attorneys who are capable of skilled negotiation and superb trial advocacy. The spinal cord injury lawyers at The Dervishi Law Group, P.C. provide legal help to clients seeking compensation for spinal injuries due to negligence or wrongful acts. Our law firm focuses on client service, compassion, and attaining favorable results for our clients.

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