Spinal Cord Injuries: How to Recover Damages in a Personal Injury Suit
Spinal injuries can be life-changing — even deadly.
Whether it’s caused by a fall, an auto accident or other incident, the result can alter one’s life course for years and decades to come, including those of family and friends. What’s more, the medical costs can be extremely high and persist for many years.
Types Of Spinal Cord Injuries
This type of injury occurs when a blow to the spine causes a fracture, dislocation or compression of the vertebrae or severs the spinal cord all together.
Serious injuries to the spinal cord can causes lasting physical issues, like paralysis. Here are some of the most common types of injuries:
- Anterior cord syndrome, which causes you to lose sensation and sometimes even ability to move;
- Central cord syndrome, which can cause paralysis or loss of movement in the arms and hands, in addition to some loss of movement in the legs;
- Posterior cord syndrome, which could result in sensory loss and could cause electrical sensations down the legs;
- Brown-Sequard syndrome, which can cause loss of movement or sensation below the injury site, and; and
- Cauda equina lesion, which can cause lower back pain, leg pain and weakness in feet and ankles, in addition to some loss of the senses and reflexes.
Common Causes of Spinal Cord Injury
Some of the common causes for spinal cord injuries can occur during daily activities, like driving a car. Common causes include:
- Car accidents;
- Violence or a physical attack; and
- Sports or recreation activities.
Spinal Cord Injuries and Personal Injury Lawsuits
Civil lawsuits involving spinal cord injuries generally center on the idea of negligence. In these cases, the plaintiff has to prove that the defendant was somehow negligent, which, in turn, caused the injuries.
Often times, a spinal cord injury may be the result of a defective product. Of course, there are such instances in which a product will malfunction and cause injury. This could happen because of a misfiring airbag or malfunctioning seatbelt, for example. You could receive compensation if you can prove that the injury resulted because of a faulty or defective product.
Common defenses in spinal cord injury cases often center on what is known as “assumption of the risk” and contributory or comparative negligence.
If you sustained injuries to your spinal cord while participating in what might be considered a dangerous activity, like skiing, for example, the defense may claim that you knowingly chose to take part in an activity that carried serious risks, including injuries to your spinal cord.
In contributory or comparative negligence defenses, the defendant might argue that the plaintiff’s actions contributed to their injuries. For example, if a person sustained a spinal cord injury as a result of a fall on a slippery surface — but was also intoxicated at the time — the defense may argue they are not liable for the injury.
Have You Sustained A Spinal Cord Injury As A Result Of An Accident?
If you’ve sustained injuries to your spinal cord as a result of an accident like a fall or auto accident, contact the lawyers at Boone & Davis in Broward County, Florida, today. We are prepared to advocate on your behalf to help you recover compensation.