People who are paralyzed because of a negligent act committed by someone else have a legal course of action to win damages to pay for the long list of expenses that coping with the injury will require.
To achieve adequate and fair compensation following a serious accident, you should contact a Broward County paralysis lawyer today. A determined injury lawyer can advocate for you.
The cost of the initial surgeries and aftercare for the injury, including hospital bills and medications, therapeutic treatments and equipment and a wheelchair, are merely the beginning of related expenses.
When the patient is home again, the residence will need to be refitted to accommodate a wheelchair, and bathroom and kitchen modifications will need to be made. A home care nurse and physical therapist coming in regularly to attend to the patient are other potential expenses.
Care may extend the rest of the individual’s life. A paralyzed person may not be able to work, so income is diminished as well as contributions to a retirement account. Insurance may not cover everything. All of these expenses and possibly more must be calculated to determine the amount of damages to be sought.
A letter demanding damages is the beginning of the legal process. If the letter does not generate an adequate settlement, the next step is building (and filing with the proper court) a lawsuit demanding damages, with the assistance of a Broward County paralysis lawyer.
In addition to the economic expenses already noted, non-economic damages must also be factored into the total amount claimed, including pain and suffering, emotional distress, mental anguish, loss of spousal service, and others that may apply.
Suffering total or partial loss of movement is a severe, life-changing event with an impact that goes beyond the necessary medical costs involved. Non-economic damages are difficult to place a dollar amount on and juries can be skeptical or generous in deciding the amount awarded, however non-economic damages are important in achieving fair compensation.
Punitive damages are meant to punish if a horrendous act of another person caused the injury and to deter others from such egregious behavior.
To recover damages, the event that caused partial or total paralysis must be the result of a negligent act of another person or entity. Any type of an accident impacting the spine can cause partial or total, permanent, or temporary paralysis.
The event may be an automobile collision, a sporting event, a workplace accident, slipping and falling, medical malpractice, or an act of violence. Negligence is defined in law as failing to behave in a way that a prudent person would have acted in the same circumstance or an omission that a prudent person would not have made.
Florida uses the comparative negligence standard, which shares blame for an event among those who have any fault in causing the injury. Those who are proven to have some fault cannot claim all of their damages. Their damages are reduced by the level of fault involved. A person who is 20 percent at fault will receive 80 percent of the damages awarded.
The key to proving negligence is to show that the defendant, the person or entity sued, had a “duty of care” to not cause harm toward the injured person. For example, a workplace supervisor has a duty to prevent harm to the workers under supervision.
The Broward County paralysis lawyers can evaluate how strong a case may be after a free consultation. There is no obligation to hire the attorney, but if the lawyer is hired, the attorney fees are paid from the damages awarded.
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