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Spinal cord injuries are catastrophic because they can leave you partially or totally paralyzed and unable to work. Many people suffering this type of injury are not only processing and adjusting to their new physical condition but are also facing mounting medical bills, emotional and psychological effects, and family obligations. While these responsibilities seem daunting, you could work with a Westlake Village spinal cord injury lawyer to pursue compensation for the injuries and expenses caused by another person’s negligence.
Depending on the type of accident, we could negotiate for an insurance settlement from the at-fault party’s vehicle, business, or homeowner’s insurance carrier. However, we could also take the case to court if necessary. When someone’s negligence or recklessness caused you severe harm, contact our office to speak with one of our skilled catastrophic injury attorneys about your options.
Spinal cord injuries occur when the head, neck, or back are traumatized in an accident, such as a fall or in a car crash, which is why it is important to detail an injury to a Westlake Village attorney. Senior citizens most commonly fall in the shower, which could result in a lawsuit against a manufacturer if safety bars or seats are defective or a contractor if they were installed incorrectly. Other spinal cord injuries are caused by:
Physicians first assess where along the spinal cord the injury occurred, known as assessing its completeness. If a patient has some feeling in or can move their extremities at all below the injury, it is incomplete. If there is no feeling or movement below the injury, it is complete.
Quadriplegia occurs when there is no feeling or mobility in the entire body. Lower body paralysis is called paraplegia.
An attorney in Westlake Village could review police and medical reports, eyewitness statements, cell phone and surveillance videos, and other evidence to support a client’s spinal cord injury case.
Once a lawyer in Westlake Village establishes the defendant’s negligence, the jury must decide how much compensation to award the plaintiff for their spinal cord injury. These awards are economic when they can be calculated and non-economic when a dollar amount is assigned to a subjective loss. Economic damages include current and future medical care, lost wages, and retrofitting a home or van. Non-economic damages include the emotional distress attached to living with paralysis, loss of consortium, and loss of enjoyment of life.
After compensatory damages are awarded, the plaintiff could ask for punitive damages, which are defined in the California Civil Code § 3294 as the defendant having acted maliciously, fraudulently, or oppressively. Plaintiffs must prove by clear and convincing evidence that the defendant’s actions were shocking, not just negligent. Punitive damages are meant to reprimand defendants and dissuade them from such actions in the future.
In California, compensatory damages are determined by juries under the pure comparative fault doctrine. This method allocates the percentage of fault for an accident between all parties, and the plaintiff’s damages award will be reduced by their percentage. A plaintiff can be 99 percent responsible for an accident and still recover one percent of a damages award.
Spinal cord injuries are traumatic and life-changing. You may be unable to work, your finances may destabilize, and your mobility will be compromised. That is a lot for you to adjust to, and your finances could be removed from the list. There is a viable way.
When your injuries occurred in an accident caused by someone else’s negligence or recklessness, you may be entitled to compensation through the at-fault party’s insurer or a personal injury lawsuit. We prioritize our clients over insurers and fight for them; we know they need to pay medical bills, receive an income, and get compensated for their emotional trauma. Call a Westlake Village spinal cord injury lawyer today.
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