Contact Kirkendall Dwyer LLP for help in finding out whether you can sue another party for financial compensation for your spinal cord injuries.
Spinal cord injuries are severe in nature as they involve sensitive areas of the body where the vertebrae are fractured or dislocated by a traumatic blow to the spine. Critical injuries like these can bruise or tear the spinal cord tissue and may even lead to disabilities, including paralysis, and death. Spinal cord injuries can be caused by a number of factors, including medical malpractice, slip-and-fall accidents, and car accidents.
If you or your loved one is suffering from a spinal cord injury due to the negligence of another person or entity, you may be entitled to financial compensation for your losses. It is important you seek legal counsel before you speak with an insurance adjuster about the situation and sign any documents. The Texas spinal cord injury lawyers at Kirkendall Dwyer LLP are experienced and understanding professionals who are here to protect your legal rights. We are driven by compassion and aim to seek justice for our clients. You may reach out to us for a free and confidential legal consultation today.
What are Spinal Cord Injuries?
Our spinal cord is a column of long, tube-like bands of nerve tissue that runs from the base of our skull to our lower back. Its main function is to carry nerve signals from our brain to our body to help us feel sensations and move our bodies. Any injury to the spinal cord may lead to terrible consequences depending on where the trauma occurred as well as its severity. According to experts at the Mayo Clinic, the level of injury is determined by the lowest segment of the spinal cord that is still fully functional.
The severity of the damage to the spinal cord may be further categorized as “complete” and “incomplete.” A complete injury takes place when all sensations, and practically all motor controls, are lost below the level of the injury. When some motor and sensory functions are still below the level of the injury, it is deemed an incomplete injury. There are many levels of incomplete injuries.
Paralysis is considered one of the most severe forms of spinal cord injury. Tetraplegia or quadriplegia are forms of paralysis that occur due to spinal cord injuries and may affect arms, hands, the trunk, legs, and pelvic organs. Paraplegia may affect all or parts of the trunk, pelvic organs, and arms, depending on the severity of the damage.
Spinal cord injuries can cause a host of symptoms, some of which may include:
- Loss of movement
- Loss of sensation
- Pain or intense stinging from damaged spinal cord nerve fibers
- Loss of bladder and bowel control
- Spasms or exaggerated reflex actions
What are the Common Causes of Spinal Cord Injuries?
Spinal cord injuries may be the result of any event that causes trauma to the spinal cord. According to the World Health Organization, the majority of spinal cord injuries are caused by preventable events like slip-and-falls, violent activities, or more commonly, car accidents. Globally, around 250,000 to 500,000 people suffer from spinal cord injuries every year.
Because the risks of spinal cord injuries are very serious and may even be irreversible, it is important to be informed and stay updated on the most effective treatments. Scientists are constantly developing new therapies, such as artificial limbs and medications to aid in the regeneration of damaged nerve cells or enhancement of the remaining nerves’ performance. Currently, the research on treating spinal cord injuries is focused on preventing additional harm and enabling those who have suffered such injuries to be able to lead an active and productive lifestyle once again.
What are Common Treatments for Spinal Cord Injuries?
Texas medical professionals try to manage some side effects of spinal cord injuries with medication and new technology-based treatments. Medications typically include drugs that reduce pain and muscular stiffness, as well as ones that enhance bowel, bladder, and sexual functions. Likewise, new medical technologies can give people with spinal cord injuries the flexibility to move around more independently. These may include:
- Electric wheelchairs
- Assistive devices, including voice-enabled electronic devices, self-care tools, and more
- Electrical stimulation devices used to aid movement
If you are battling a spinal cord injury, remember that your doctor may take a while to come up with a prognosis. Recovery may depend on the seriousness and extent of your injury. Although recovery generally happens most quickly during the first six months, some patients may take up to a year and a half to heal and others may be permanently injured.
Texas Spinal Cord Injury Compensation
If your spinal cord was injured due to the careless or reckless actions of another, you may want to seek compensation to cover related medical expenses, pain and suffering, and similar losses. You can do this by filing a spinal cord injury lawsuit.
A successful lawsuit may result in economic and non-economic damages. Economic damages are typically losses that have a specific monetary value. Examples of such damages include medical costs, physical rehabilitation, a decrease in financial earnings, or modification of a home or car to fit an injured person’s new condition.
Non-economic damages, like compensation for mental distress, grief, and suffering, are generally more challenging to define with a monetary value. It is best to consult a spinal cord injury attorney to understand how potential damages may be allocated in Texas for spinal cord injuries.
Who May Be Responsible for Spinal Cord Injuries in Texas?
The circumstances surrounding a spinal cord injury and how it was caused will help determine who the responsible party may be. In many cases, liable parties may include medical experts, businesses, at-fault drivers, or other entities or individuals. In order to identify whose fault it is, you need to establish a causal link between someone’s negligence and the injury. This is why it is important to hire a Texas spinal cord injury lawyer who has the knowledge and resources to carry out an investigation and find all potential causes of your injuries.
In Texas, the legal standard followed for negligence cases is classified as the ‘modified comparative negligence’ standard. This means you may be compensated for any accident that resulted in your injuries, even if you may have contributed to the accident in some small way. In other words, the amount of compensation you may receive will vary depending on your degree of fault.
Note that responsible parties may try to assign more blame to the injured party so as to lower the compensation amount they have to pay. An experienced and skillful Texas spinal cord injury attorney can help you contest for the maximum damages possible in your case.
Contact a Texas Spinal Cord Injury Attorney Today
If someone else may be at fault for your spinal cord injury, it is important to hold them accountable for their negligence. Our sympathetic and experienced Texas spinal cord injury lawyers at Kirkendall Dwyer LLP can assist you in seeking justice for your personal injury claim.
Regardless of how severe, moderate, or minor your spinal cord injury is, our committed legal experts understand the pain, loss, and trauma you or your loved one is going through. We are available for a free and confidential legal consultation where we can go over your injuries in detail and offer advice on whether you may have grounds for a potential lawsuit. Contact Kirkendall Dwyer LLP today for legal assistance.