Spinal injuries are devastating and life-changing. They alter every facet of one’s life. The aftermath can be disheartening and overwhelming when these injuries stem from circumstances involving another party’s carelessness.
Fortunately, a spinal cord injury lawyer in La Porte from Lone Star Injury Attorneys can review the details and explore personal injury laws for legal action. Even if the party responsible faces criminal action, you could still pursue civil action for monetary recovery.
Retaining a knowledgeable La Porte personal injury lawyer is usually the first step in protecting your rights.
Causes of Spinal Cord Injuries
Spinal cord injuries can stem from any incident that causes trauma to the spine or back. The spine’s vertebrae, nerves, and disks are at risk under circumstances involving:
- Motorcycle accidents
- Slips and falls
- Workplace accidents
- Car accidents
- Bicycle accidents
- Medical malpractice
- Defective products
- Pedestrian accidents
- Acts of violence
- Sexual abuse
If someone should have reasonably prevented the circumstances that caused your injuries, they may be held responsible for the harm. Filing an injury claim provides a unique opportunity to claim monetary compensation for your injuries and related losses.
How Do I Prove a Spinal Cord Injury Claim?
Recovering compensation for spinal cord injuries hinges on meeting the burden of proof. As the victim, you must show that the circumstances of your injuries involved negligence from someone else. It involves establishing the following:
A Duty of Care Existed
The first element you must prove in a spinal cord injury lawsuit is the duty of care. Someone else must have had a legal obligation to protect you from foreseeable harm. For example, drivers are required to operate vehicles safely to prevent accidents where people may be injured.
The Duty of Care Was Breached
Once the duty of care is demonstrated, the next step is proving it was breached. A breach of duty is any action or inaction that fails to meet the expected standard.
This deviation may be anything from a driver failing to yield to an employee failing to provide personal protective equipment for construction workers to a deviation from medical practices.
The Breach Caused Your Injuries
A direct link between breach of duty and your spinal cord injuries must be established. This is referred to as causation. It must be clear that you would not have suffered harm if the defendant were responsible. Proving causation in a personal injury case usually requires testimonials from expert witnesses such as medical professionals.
You Suffered Actual Losses
Finally, you must prove that you incurred actual losses due to the injury. A qualified La Porte spinal cord injury attorney will evaluate your injuries’ economic and non-economic impact to determine the minimum amount you should claim. Recovering maximum compensation is vital for meeting treatment costs, rehabilitation, and other needs.
What is the Average Compensation for Spinal Cord Injuries?
Generally speaking, there is no one-size-fits-all settlement for spinal cord injuries. Instead, each case is unique in liability and damages. For example, the comparative negligence rule means the fault is shared among different parties as per their contribution.
For this reason, anyone who is more than 50% is not eligible for compensation. Even if you are partially at fault, the compensation you get is less compared to another victim who did not contribute to their injuries.
Similarly, the amount of compensation you may be eligible to claim also depends on the damages suffered. For instance, if your injuries have a long-term impact on your health and well-being, you are likely to recover more damages than a victim whose injuries are minor. Therefore, it is important to consult with a seasoned La Porte spinal cord injury attorney about the damages you can recover.
Some of the most common damages in a catastrophic injury case are:
- Costs of past, ongoing, and future treatment
- Rehabilitation and therapy expenses
- Pain and suffering
- Loss of consortium
- Emotional trauma
- Loss of companionship
- Nursing home care
- Home-modification expenses
- Out-of-Pocket costs
These damages can be economic or non-economic. Punitive damages could be awarded depending on the circumstances surrounding your injuries and whether a trial is reached.
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Consulting Our La Porte Spinal Cord Injury Lawyers is Free
One of the most significant setbacks that many personal injury victims face when pursuing justice is their inability to cover the costs of litigation. Litigating an injury case is financially demanding, and with a disrupted livelihood, justice becomes beyond reach for some.
Luckily, Lone Star Injury Attorneys has made it easier for everyone in Texas to have their say after an accident. Our attorneys never demand upfront payments or collect a fee unless you are compensated.
Through the contingency fee arrangement, we offer a free initial consultation. Call us today to set up a meeting to discuss your spinal cord injuries and the way forward.
Call or text (832) 346-9585 or complete a Free Case Evaluation form
