Spinal cord injuries have devastating effects on the injury victim, often leading to recurring pain, limited mobility and, frequently, paralysis. The survivor and their loved ones are left with tremendous medical costs, not to mention psychological burdens as they adapt to the new normal.
For this reason, survivors and their families have a strong motivation to engage in a spinal cord injury lawsuit when the incident that led to the injury may have been someone else’s fault. Whether an individual, a business, or a mixture of both, those who are liable for spinal cord injuries are obligated to compensate victims for their expenses and for their related suffering.
Spinal cord injury survivors should, therefore consult with an experienced personal injury lawyer to establish a claim and pursue a case for the complete amount of compensation to which they are owed. They can read on to learn the groundwork for such a case along with its typical process.
What Causes Most Spinal Cord Injuries?
A number of commonly occurring incidents typically cause spinal cord injuries. The most common of these are motor vehicle accidents, which account for 42 percent of all spinal cord injuries according to the National Spinal Cord Injury Statistical Center.
Falls are another common source of injury, leading to 27 percent of spinal cord injuries. Violent attacks are much less common, but more frequently result in severe injuries. These acts, which include stabbings and gunshot wounds, cause 15 percent of all spinal cord injuries.
Finally, recreational sports activities cause 8 percent of spinal cord injuries, meaning an additional eight percent can be attributed to various other sources.
How Do You File a Spinal Cord Injury Lawsuit?
The type of lawsuit you file corresponds to the direct and indirect causes of your spinal cord injury.
For instance, in a motor vehicle accident, the injury victim would attempt to prove that the other party behaved negligently, leading to the accident. If the defending party blatantly broke the law or engaged in dangerous behavior while driving, such as speeding excessively, then proving such a case can be relatively simple. However, if neither party can clearly determine fault in the accident, the defending party may allege contributory or comparative negligence.
For instance, if both parties were intoxicated while driving, but the defending party was the one who drifted into the victim’s lane, then the defending party may still try to claim they are only 50 percent to 60 percent responsible for the accident. The victim’s personal injury team will have to push this ratio up higher through the use of evidence in order to obtain the maximum possible compensation for their client.
Medical malpractice may be another type of negligence-based lawsuit for spinal cord injuries. If a surgeon, for example, was operating on the victim’s back and ruptured their vertebrae disc, then the victim may have a possible medical malpractice claim.
Defective products, such as a vehicle chair design that caused unnecessary stress on the victim’s back during an accident, may also be a viable cause-of-action for a lawsuit.
Asserting Your Right to Spinal Cord Injury Compensation with a Personal Injury Lawyer
If you or a close family member have incurred a serious spinal cord injury and think another party may be liable, then do not hesitate to contact an experienced Oklahoma City spinal cord injury lawyer to represent your case. You can use the corresponding number above or our convenient contact form to the side to receive a free consultation and possibly start your claim today.