Spinal Cord Injury? Our Law Firm is Here To Help
If you sustained a serious spinal cord injury, and someone else caused that injury, you might have a legal right to sue them. The personal injury attorneys at 612-INJURED have extensive experience representing the interests of spinal cord injury victims in personal injury lawsuits and insurance claims. We understand the lifelong pain that a spinal cord injury can bring, and we are ready to pursue maximum compensation and justice against those who caused this tragedy. Schedule an appointment with a 612-INJURED personal injury lawyers today by calling (612) 465-8733.
What Is a Spinal Cord Injury?
A spinal cord injury occurs when the spinal cord—the bundle of nerves in the spine that carry messages to the brain—becomes impaired or injured. This damage will typically cause impairment or the loss of use of a limb or limbs. Your spinal cord is a delicate mass of nerves that control almost everything you do. When these nerves become damaged, your life will likely change completely.
An experienced doctor will help determine if you have a spinal cord injury and the extent of your injuries. Typically, a spinal cord injury victim will end up in the emergency room following the accident. While in the emergency room, a doctor will be able to do a preliminary evaluation and begin to assess the full scope of the injury. Once the patient is stable and can continue on to more tests, the emergency room doctor will likely request the involvement of a neurologist. A neurologist specialized in the brain and how the nerves communicate with one another. This doctor will likely do more advanced testing to determine the full extent of the injuries.
The testing that will typically occur after a spinal cord injury includes x-rays, MRIs, and CT scans. These devices are all types of imagining equipment doctors use to get a more in-depth look at what is going on within your body. An x-ray may be able to eliminate the possibility of cracked or broken bones or show fractures in your spine. An MRI or magnetic resonance imaging uses very high-powered magnetic fields and radio waves to develop computer-generated images of an area of the body. In spinal cord injury cases, multiple MRIs may be used. Finally, a CT or computerized tomography scan will further show any abnormalities that a doctor may see on an x-ray more clearly.
Other specialists may be involved in the immediate treatment and assessment of the person with the spinal cord injury. Many of the tests they will run will be very comprehensive and will help to determine the full extent of the injuries and help determine the treatment path forward.
Common Causes of Spinal Cord Injuries
Spinal cord injuries can come from a multitude of different sources and severe accidents. A spinal cord injury may occur from just one of the following types of accidents or a combination of multiple.
Vehicle Accidents
One of the most common causes of spinal cord injuries is a car accident. These accidents are known for causing spinal cord injuries because they happen at high rates of speed with a large amount of force and weight crashing into each other. The driver who caused the crash could have been driving carelessly or even recklessly.
Due to the negligence of the driver and the driver not taking adequate precautions to protect themselves and other individuals on the road around them, they may be liable for the injuries you have suffered.
These types of accidents can also include motorcycle accidents or other types of recreational vehicles where drivers have even less protection than in a typical motor vehicle.
Water Related Accidents
In the Land of 10,000 Lakes, Minnesota residents and visitors alike spend a great amount of time on the lakes in the summer months. The lakes provide a sense of fun and excitement, especially when you include the different types of activities you can participate in while in and around the water. You may enjoy boating, windsurfing, jet skiing, or waterskiing. All of these activities can be the cause of a spinal cord injury if you are involved in an accident. Boaters and swimmers alike should remain vigilant of those around them and only operate on the water in a safe and responsible manner.
Water-related accidents can also apply to pool or pond owners. Suppose you have additional water on your property. In that case, it is your responsibility to adequately label the depth of the water and maintain the pool or pond in a way that limits the risk of injuries.
Premises Liability Accidents
All property owners in Minnesota, including those with and without a pool or pond, also have a duty to protect those on their property to a certain extent. You must exercise reasonable care to ensure those that visit your property remain safe and uninjured. We have seen cases where improperly repaired flooring or stairs have led to injuries.
Construction Site Accidents
Working on a construction site has many risks of injury. Workers on these sites must be very vigilant and ensure the proper use and maintenance of construction equipment for themselves and their coworkers’ safety. When working from extreme heights, the chance of falls dramatically increases, and the increased amount of heavy machinery also increases the chance of injury.
If you are injured while at work on a construction site, you may have a claim against your employer through workers’ compensation as well as a claim against the manufacturer of the machine or safety equipment that injured you.
Product Liability Accidents
Defective products, like those used on a construction site, may lead to injuries if they are not manufactured or designed properly. We could bring a product liability lawsuit to show that you were injured as a result of a faulty product and recover damages for your injuries.
These defective products could appear anywhere in your life. It could be at home in the kitchen, in your vehicle, or in equipment you use at work.
Who Is Responsible for My Injuries?
In order to recover compensation for a spinal cord injury, you must first prove negligence. Even if the accident happened at your workplace, you would still need to prove negligence. Since spinal cord injury cases are personal injury claims, you will have to prove negligence. Negligence can be proved by showing that the party responsible for your injuries or your employer owed you a “duty of care.” A duty of care means that you are expected to be safe while on the property or using the item that caused you the injury.
There are different levels of duty that each person is required to give another person. An employer automatically has the highest duty of care. This means your employer has the highest standard of care to meet in order to be considered not negligent for the purposes of the accident.
Next, you will have to prove that the responsible party violated their duty of care. We will look to see if the property was indeed in disrepair, if there were issues with the product that caused the injury, or if the defendant was otherwise negligent which led to your accident.
After proving duty and breach, you will next have to prove that your injuries are causally related to the accident. This means we will have to show that your injuries are directly related to the issue with the property, product, or other cause of accident. Your injuries must have been caused by the responsible party’s failure to maintain the property properly, design the product, or drive responsibly.
Finally, after proving all of the above elements, we will need to show that you were indeed harmed by your accident. This part of the equation is generally easier to prove than the above elements since you are presently suffering an injury. Once we can prove all of these parts, you may be able to be compensated for your injuries by the responsible party.
By hiring an attorney, we can help you put together your case and gather the necessary information to help you prove all of the required parts of your case.
How Much Is My Spinal Cord Injury Case Worth?
After you suffer a spinal cord injury, you may be wondering if it is worth all of the hassle to go through the legal process and sue the person responsible for your injuries. If you are considering suing, it is important to understand what you could gain and what you could lose before you pursue the case in court. A spinal cord injury lawsuit may last for many years, and you will still have to live and pay bills while the lawsuit is going on.
The value of a case depends on numerous factors. A skilled attorney can help you evaluate each factor and give you an estimate of how much your case might be worth based on the situation you are in right now. Some of the factors considered are:
- The number of damages you have suffered
- The strength of your evidence and the case in general
- How much the responsible party may be able to pay
- Your willingness to wait it out
There is no way of predicting exactly how much you may recover. However, an attorney can analyze what you have lost and what you may be able to recover.
What Can You Recover in a Spinal Cord Injury Claim?
In a personal injury case, you can recover a variety of damages. Our attorneys will analyze your case and use each type of damages below to ensure you are able to receive the most compensation for your injuries.
Depending on the circumstances surrounding your injury, such as where you were injured, the location of the injury, the severity of the injury, and the long-term effects it will have on your life, you may be able to seek compensation from either an insurance company or directly from the responsible party. Based on the severity of your spinal cord injury, this compensation will be vital in paying for your current and future medical bills. We will try to recover medical expenses, lost wages, pain and suffering, and loss of earning capacity.
Medical Expenses
Medical expenses are the expenses that you have had to pay as a direct result of the spinal cord injury. Without suffering the injury, you would not have experienced these expenses. These expenses are easier to calculate because you have bills and statements showing the treatments you have undergone and how much they have cost.
Your attorney will also work to estimate the number of medical expenses you will encounter throughout the rest of your life as a result of the injuries. This amount will be harder to determine since it will be an estimate based on the doctor’s recommendation of treatments you will need throughout your life.
Finally, medical expenses may also include expenses to renovate part of your home to ensure wheelchairs or other assistive equipment will be able to be used in and around your home.
Lost Wages
Lost wages are calculated as the amount of money you have lost because you are not able to work while recovering from your injury. Again, this amount is fairly easily calculated because your attorney might be able to determine how much you would normally make during the time you are off of work.
Loss of Earning Capacity
Future earnings are a bit more difficult to calculate. If you are no longer able to work in the same or substantially similar job after your injury, your attorney will likely try to recover for loss of earning capacity. What this type of damage allows for is the money you would have made in the future if you had not suffered a spinal cord injury.
This can be more difficult to calculate because it may not account for any promotions or job changes that you may have had throughout your career.
Pain and Suffering
Finally, pain and suffering damages are estimated based on the amount of pain you have endured as a result of your injury. These damages usually do not come close to the amount of pain and suffering you have actually experienced, but your attorney will fight for you to receive the highest amount of compensation possible in your specific case. If you have sustained a spinal cord injury, contact a personal injury lawyer for guidance.
Minnesota Spinal Cord Injury Lawyers
If you or someone you know has suffered a spinal cord injury in Minnesota because of someone’s negligence, contact the personal injury attorneys at 612-INJURED. Our lawyers have extensive experience brining personal injury lawsuits, including spinal cord injury lawsuits. We can help ensure you get compensation and justice from those who are at fault. Schedule an appointment with us today by calling (612) 465-8733.
Should I see a Chiropractor for Back or Neck Pain?
Many car accident victims go to a chiropractor for relief of back and neck pain. We don’t discourage you from seeing a chiropractor. However, you should also see a medical doctor who specializes in spinal care.
Neck and back pain can be caused by muscle injuries that get better in time. However, your pain may be caused by a bulging or herniated disk that if left untreated can cause permanent injuries. Spinal problems such as bulging or herniated disks can be detected on an MRI exam.
What if I Am Paralyzed After an Accident?
Unlike other parts of your body, your spinal cord does not heal following an injury. A damaged spinal cord can cause permanent paraplegia or quadriplegia.
If you are paralyzed in an accident, you will also need ongoing medical care, rehabilitation, and therapy for the rest of your life. To live as full a life as possible, you will want access to the best medical technologies such as motorized wheelchairs and adaptive devices for your home and vehicle.
As your lawyers, we will consult financial planners, life-care planners, and other experts to help us anticipate all of your future needs and help you get the best possible care.
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Our attorneys work on a contingent basis. This means that we will not charge you a fee unless we win either at trial or through settlement.
The percentage we charge will depend on the difficulty of your case, and the amount of time and money we estimate it will take to get you the most recovery for your damages.
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