West Palm Beach Spinal Cord Injury Lawyer
A sudden, hard blow to the spinal cord, which is the bundle of nerves that sends signals from the brain to the rest of the body, can cause loss of motion in mild cases and paralysis in severe cases. Those who sustain this debilitating injury in an accident should make an appointment with a West Palm Beach spinal cord injury lawyer for a free, no obligation consultation.
An experienced personal injury lawyer can assess the facts of the injury and determine if a lawsuit is the best course of action to help the family meet the expensive medical and other costs stemming from the accident. The attorney’s fee is postponed until the conclusion of the case when the fee is taken from a small percentage of the damages awarded.
Spinal Cord Injury
A spinal cord injury can be complete, meaning the spinal cord is severed, causing a loss of motion and sensation from the point of injury and below. It can be considered incomplete, meaning the injury did not sever the spinal cord and only some motion is lost. Rehabilitation to restore certain lost functions, such as breathing, coughing, and bladder control, requires a mixture of physical therapy, skill-building exercises, emotional support, and electrical stimulation of the nerves, according to the National Institute of Neurological Disorders and Stroke. A West Palm Beach spinal cord injury lawyer can help find the experts needed to assess the damages of such harm.
Applicable Laws of Negligence
At the consultation, a West Palm Breach spinal cord injury lawyer will explain Florida’s comparative negligence law, which applies to personal injury accidents. Negligence is failing to use sufficient care toward another that a reasonable person would use. Comparative negligence reduces the amount of damages that can be claimed by the percent of fault in causing the accident to hold financially responsible anyone who shared fault in the accident. If a person is 60 percent at fault, only 40 percent of the damages can be claimed.
To prove negligence, the injured party’s attorney must satisfy the five elements that comprise negligence.
- Duty of care: A person has a legal obligation to act in a manner that does not cause injury or property damage to another
- Breach: A person’s act, or an omission of a proper action, violates duty of care
- Causation in fact: The breach caused the injury or property damage
- Proximate cause. The act caused a particular and foreseeable result
- Damages: Actual monetary loss occurred
West Palm Beach spinal cord injury lawyers have seen rehabilitation means months, years, or a lifetime of long-term care that can include several surgeries. The cost of care ranges from $1.07 million to $4.5 million depending upon the age of the injured person and severity of the damage, according to the National Spinal Cord Injury Statistical Center.
The lawsuit with a West Palm Beach spinal cord injury lawyer can include these common damages in spinal cord injury cases:
- Medical care, including surgeries, hospitalization, and home care
- Therapeutic treatments and equipment rented or purchased
- Current and future income that could no longer be earned
- Emotional distress
- Pain and suffering
- Loss of consortium
- Property damage
How an Attorney can Help
West Palm Beach spinal cord injury lawyers will conduct an investigation to develop the facts of the case and the evidence necessary to prove it. Evidence includes physical and documentary evidence and the testimonies of all parties involved. The attorney will work to prepare for trial, but many personal injury cases are settled. If that happens, the lawyer will aggressively negotiate a settlement that covers the injured person’s injury related expenses.