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Spinal Cord Injury Liability and Compensation

Whether it was caused by a car accident on the 405, a slip and fall caused by negligent property management at your favorite Beverly Hills boutique, or after a physical altercation in a parking lot, spinal cord injuries will typically present a variety of complications for victims.

The spinal cord cannot regrow new cells, which means that once it has been damaged, it will remain that way for the remainder of a victim’s life. Therefore, victims may struggle with lifelong disabilities, such as paralysis from the neck down (quadriplegia) or paralysis from the waist down (paraplegia).

A recent estimate showed that the annual incidence of spinal cord injury is approximately 54 cases per one million people in the United States, or about 17,730 new cases each year. At the end of 2019, there were approximately 294,000 people in the U.S. who had a spinal cord injury.

In general, there are two types of spinal cord injuries, which are called complete and incomplete. Those suffering from an incomplete spinal cord injury will typically experience a faster recovery in comparison to individuals who are suffering from a complete spinal cord injury.

There are many factors that can affect an individual’s recovery from a spinal cord injury, including:

  • The area of the injury. An individual can suffer from an incomplete and complete spinal cord injury depending on what vertebral segment is damaged.
  • Overall health. If an individual has a pre-existing health condition, the process of recovery may be delayed.
  • Physical therapy. An individual committed to regular physical therapy sessions is more likely to notice improvements to their spinal cord injury.
  • Access to medical care. Having access to high-quality care, along with seeing the best doctors and nurses, can make it more likely for a spinal cord injury patient to see improvements early on in the recovery process.

Overall, 81 percent of spinal cord injury patients who survive the first 24 hours are still alive 10 years later. Mortality rates are significantly higher during the first year after injury than during subsequent years.

Some injury victims may experience significant recovery, while others may not have the opportunity to ever recover due to the intense damage done to their spinal cord. It is always recommended for victims to consult with a medical expert to understand their treatment options and prognosis.

If you have suffered a spinal cord injury, please don’t hesitate to contact our team of Beverly Hills spinal cord injury attorneys 24/7 by calling  (310) 919-5962 or emailing info@westcoasttriallawyers.com to schedule a free consultation at our Beverly Hills personal injury law firm.

The Basics of Spinal Cord Injury Liability 

These types of injuries are usually caused by negligence. If your spinal cord injury was caused by negligence, you may be entitled to file a personal injury lawsuit against the party responsible for your losses in order to recover damages owed to you. Lawsuits for spinal cord injuries typically fall into one of two categories, those caused by negligence and those caused by faulty or defective products.

Let’s examine spinal cord injuries caused by negligence. Negligence, as it relates to spinal cord injuries, is typically someone’s failure to act in a reasonable way when they had a legal duty to do so.

For example, if your spinal cord injury was caused after being run over by an intoxicated driver, that would be sufficient grounds for a negligence lawsuit against that driver.

Generally speaking, negligence is a wrongful act that can be committed by an individual, company, or group that causes someone to suffer injuries. If you suffered a spinal cord injury that was caused by someone’s negligence and you want to successfully pursue a spinal cord injury claim, you must prove that:

  • The defendant owed you a duty of care
  • The defendant failed to comply with this duty of care
  • The defendant’s failure to comply with their duty of care was the significant factor that caused your spinal cord injury

Please keep in mind that the state of California is a comparative negligence state. This means that if you contributed a degree of negligence towards causing your own spinal cord injury, you may still recover some damages.

For example, if you were driving on the freeway while texting, were hit from behind by a driver who was speeding, and then suffered a spinal cord injury, you and the other driver will both be found partially responsible. The compensation you will be entitled to will be adjusted according to how responsible you are found by a court of law.

Compensation After a Spinal Cord Injury Claim

If you suffered a spinal cord injury that was caused by someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of the types of monetary compensation, or damages, you may be entitled to.

  • Economic damages. Economic damages are intended to compensate a spinal cord injury victim for losses that a dollar amount can objectively be attached to, such as medical bills and lost wages. Economic damages are calculated by determining the amount of out-of-pocket losses a victim has or will expect to incur as a result of their injuries.
  • Non-Economic damages. Non-economic damages are intended to cover losses that are thought of as subjective, such as emotional distress, and may not necessarily cover out-of-pocket losses.
  • Punitive damages. The third type of compensation a spinal cord injury victim may qualify for is known as punitive damages. Punitive damages are rare and are only awarded as a type of punishment when a defendant’s behavior was especially harmful. There is no real set standard for awarding punitive damages. They are awarded at the court’s discretion and will vary depending on the circumstances.

For the most part, there is no real cap on compensatory damages following a personal injury claim. Courts may award any amount they feel is appropriate and reasonable. Please consult with an experienced Beverly Hills spinal cord injury attorney to discuss financial compensation that may be available to you.

West Coast Trial Lawyers Is Here to Help

If you have sustained a spinal cord injury in the Beverly Hills area as a result of someone’s negligence or deliberate acts of malice, you have the right to hold the guilty party responsible for your losses. A Beverly Hills spinal cord injury attorney at West Coast Trial Lawyers will help you recover compensation for the losses you have suffered.

Contact our 24/7 legal team today by calling (310) 919-5962 or emailing info@westcoasttriallawyers.com to schedule a free consultation at our Beverly Hills personal injury law firm.

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