Text 917-496-8342 for an Immediate Response from our Legal Team (24/7)
Dervishi Law Group P.C.

Spinal Cord Injury Lawsuit Overview

May 19th, 2017

Spinal cord injury

When a spinal injury results from a car accident, a fall, or some other cause, the impact can be devastating on the victim and the family members. The lifetime medical costs associated with a spinal injury can be enormous. If you have suffered a spinal cord injury, you may file a lawsuit and get compensation for your injuries and losses.

Legal basis of a spinal cord injury lawsuit

A spinal cord injury lawsuit may be filed utilizing the following two claims:

Spinal cord injury caused by negligence:A majority of spinal cord injury lawsuits are based on the theory of negligence. If your spinal cord injury was caused by negligence, you will need to prove that:

  • The defendant had a duty of care.
  • The defendant’s negligence caused your injuries.

A spinal cord injury lawsuit may be filed utilizing the following two claims:

Spinal cord injury caused by a defective product:If a defective or dangerous product caused your injuries, you may be entitled to compensation from the company that designed, manufactured and sold the defective product.

Common defense in a spinal cord injury case

Contributory and comparative negligence:It is common for a defendant to argue that the injured person’s own carelessness contributed to the accident. This is based on a legal theory known as “contributory negligence” and “comparative negligence.”

Contributory negligence implies that the victim’s carelessness contributed to the injury.

In a comparative negligence defense, the victim and the defendant’s carelessness are evaluated.

Assumption of the risk:If the injury occurred as a result of participating in a dangerous activity, the defendant will raise the “assumption of the risk” defense. In an “assumption of the risk” defense, the defendant argues that the victim chose to take part in an activity that was likely to cause injuries, so he or she should not be entitled to compensation.

Compensation in a spinal cord injury case

A monetary award is granted to compensate for the losses caused by the accident and injury. The monetary award is designed to restore the injured person to his or her pre-accident condition. The victim may also recover damages for medical expenses and “pain and suffering.” It can also include compensation for ongoing health care and rehabilitation, the cost of assistive devices and modifications to the victim’s home.

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

If you have suffered a spinal cord injury, contact spinal cord injury lawyers at Dervishi Law Group, P.C. We can assist you in claiming compensation for your injuries. To discuss your case with an attorney, please call our firm at (917) 300-0797 or(718) 619-4525 or email us at fdervishi@dervishilaw.com

Share on Facebook0Share on Google+0Tweet about this on Twitter0Share on LinkedIn0
Tags: , ,

Leave a Reply