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Spinal cord injuries are very serious and always require costly medical care. Worse, is the potential for long term trauma, as these types of injuries will often rob a victim of opportunities to advance in their chosen career path and live a full and independent life. Paralysis victims will typically require life long and consistent physical therapy, exercise therapy, and psychotherapy just to recover functionality and learn to deal with the social and psychological effects as a result of their spinal cord injury.

Spinal cord injuries typically fall into one of two categories. Someone with an incomplete spinal cord injury retains varying degrees of sensory or motor functioning, which means the spinal cord was not completely damaged. On the other hand, someone with a complete spinal cord injury has experienced nerve damage that is totally obstructing all signals from the brain to the body below the injury. 

If you have suffered injuries as a result of a spinal cord injury in the city of Irvine due to someone’s negligence, please read below. You may be entitled to compensation for your lost wages, medical bills, and more. Please don’t hesitate to contact us 24/7 at (949) 334-9200 or feel free to email us at [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team. At West Coast Trial Lawyers, we are always here to answer any questions you may have about spinal cord injury accident claims and we can help you determine whether or not you are entitled to damages.

Spinal Cord Injuries And Claims

Due to the delicate nature of a spinal cord, spinal cord injuries can unfortunately lead to paralysis, which is the partial or complete loss of the ability to move part or most of their body. There are several types of paralysis. 

Monoplegia affects one limb or region of the body. Paraplegia is caused by damage to the brain, spinal cord, or even both. To be more specific, a paraplegic suffers mobility issues from below the waist, and may lose a noticeable amount of physical sensation.

Diplegia affects symmetrical parts of the body, such as both legs or arms. The severity of symptoms on one side of the body has the potential to vary greatly in comparison to the other.

Hemiplegia affects one side of the brain and progressively worsens over time. Victims of this type of paralysis sometimes completely lose control and/or physical sensation in one side of the body.

Quadriplegia can affect the brain or spinal cord and may result in the inability to receive or process signals. Some quadriplegics have healthy legs and arms, but may lose muscle control or become very weak.

Lawsuits for spinal cord injuries fall into two categories: those caused by negligence and those caused by faulty or defective products.

Negligence is essentially the failure of an individual to act in a reasonable way when they had a legal duty to do so. If your spinal cord injury, for example, was caused because a driver failed to obey traffic laws or was texting on the phone instead of driving safely, a personal injury lawsuit could be filed against that negligent driver.

Negligence is a wrongful act that is committed by any individual, company, or group of people that caused harm to someone else. If you wish to bring a spinal cord injury claim, you must prove that: 

  • The defendant owed the spinal cord injury victim a duty of care
  • The defendant failed to comply with their legally mandated duty of care
  • The defendant’s failure to comply with this duty of care was the primary reason a spinal cord victim suffered injuries

The second type of claim a spinal cord injury victim can file is against a company who produced or sold a defective product that caused a spinal cord injury victim’s losses. According to California product liability law, any entity involved in the chain of distribution — this includes product designers, manufacturers, or sellers — can be held strictly liable for injuries caused by a faulty product.

Strict liability cases typically revolve around: Defects in the design process; defects in the manufacturing process; inadequate or missing warnings about a hazard or proper instructions about how to use that product.

A spinal cord injury who wants to file a products liability claim, is required to prove that the: Defendant designed, manufactured, or sold a defective product; that the product had a design, manufacturing, or failure to warn defect when it left the defendant’s possession; that the spinal cord injury victim used this product in a reasonable way; and that the defective was the significant factor that caused a spinal cord injury victim’s losses.

What About Medical Bills?

Spinal cord injury victims require treatment in the form of costly surgeries and prescription medications. Given the seriousness of these injuries, spinal cord injury victims may be able to recover damages for: 

  • Hospital Visits
  • Lost Wages
  • Pain And Suffering
  • Loss Of Consortium
  • Rehab Center Visits
  • Clinical Visits
  • Physical Therapy
  • Home Health Care
  • Surgery
  • Medication
  • Fertility Treatment
  • Mobility Devices
  • And Possibly More

West Coast Trial Lawyers Is Always Here To Help

If you have suffered a spinal cord injury accident in the city of Irvine due to negligence or deliberate acts of malice, you have the right to hold the guilty party responsible for your losses. An Irvine spinal cord accident attorney at our firm can recover financial compensation for the losses you have suffered, including your medical bills, property damage, lost wages, and pain and suffering from your injury. Call us today at  (949) 334-9200 or email [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team.