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Paralysis is a life-altering condition. When another party’s careless or reckless conduct contributed to a paralytic injury, you could sue them for compensation.
You will need help adjusting to paralysis. Working with a skilled Burbank paralysis injury lawyer could provide the resources to help you adapt and get the most out of life despite your injury. Reach out to one of our catastrophic injury attorneys today to learn more.
When a person, business, or government agency acts negligently, they are responsible for compensating anyone injured. In the legal context, negligence means not using an appropriate degree of care to prevent injuries to others.
Negligence can cause paralysis in many ways. Some of the most common causes of paralysis that have their root in negligence include:
An attorney in Burbank could investigate the circumstances of an accident, identify those whose conduct might have contributed to the paralysis injury, and hold them accountable. For example, suppose a customer was mugged in a store’s parking lot and left paralyzed. In that case, the store and parking lot owners might be liable for providing inadequate security and would be responsible for compensating the victim.
The cost of living with paralysis can be substantial. Damages from a negligence claim against the responsible parties can defray the expense and help the injured person access services and equipment to help them live a full life despite their injury.
An injured person is entitled to receive their out-of-pocket costs from the responsible parties. These include all medical expenses, such as equipment like a wheelchair or scooter, necessary renovations to the home to accommodate the injury, physical and occupational therapy, nursing care, and home support. Damages should also cover psychological care for someone adjusting to and living with paralysis.
Projected future medical expenses are included in economic damages, and so are lost earnings and diminished future earning capacity.
The intangible losses associated with a paralyzing injury can be devastating. Non-economic damages provide financial acknowledgment of these subjective impacts. An injured person could receive money for their emotional suffering, disability, lost enjoyment of life, and physical pain.
In most cases, there is no limit to the amount of non-economic damages a jury can award. However, when paralysis results from medical malpractice, an injured person could collect a maximum of $250,000 from a doctor or hospital for non-economic damages.
When someone’s bad conduct goes beyond simple negligence, California Civil Code §3294 permits an injured person to seek exemplary damages. Their Burbank lawyer must prove that the responsible party’s conduct was malicious or demonstrated an intentional disregard for the rights of others, thus causing the paralysis injury. Exemplary damages might be appropriate in a case of paralytic injury caused by a drunk driver or someone shooting a gun in a residential area.
Sometimes, a paralyzed person’s conduct contributed to their injuries. State law allows them to seek and collect damages from others who share responsibility, but the amount will be adjusted.
If the case goes to trial, the jury will allocate responsibility between the parties. The injured person can collect the percentage of their total damages that is allocated to other parties. This is true even when a jury finds the injured person has primary responsibility for their condition.
Most injury cases settle before trial. In that case, the responsible parties’ insurance companies negotiate the apportionment of responsibility. An attorney in Burbank could advocate for the paralyzed person and ensure the insurance companies cover a fair share of the damages for the injury.
Paralysis injuries are catastrophes for the injured person and their family. When you are involved in a preventable incident that leaves you paralyzed, you need a skilled attorney to fight for you.
Contact a Burbank paralysis injury lawyer as soon as possible after the accident. We could help you navigate the claims process and ensure you receive all that you deserve. Call today to schedule your initial consultation.
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