Spinal Cord Injuries from Traumatic Accidents: Claims, Complications & Compensation

Spinal cord injuries from traumatic accidents can have devastating consequences. They can lead to chronic pain and permanent disabilities, and they can lead to substantial out-of-pocket costs. As a result, it is important that victims and their families take legal action when warranted, and that they talk to an experienced Florida personal injury lawyer as the first step in the process.

When you talk to an experienced personal injury lawyer, your lawyer will walk you through all potential grounds for taking legal action. Your lawyer will also talk to you about issues that could lead to complications during the process, and your lawyer will provide a preliminary assessment of the potential value of your case. If you decide to move forward after your free initial consultation, your lawyer will then begin the process of investigating your (or your loved one’s) accident and calculating the damages you are entitled to recover.

Potential Claims in Spinal Cord Injury Cases

There are four primary grounds for filing liability claims in spinal cord injury cases. The specific grounds that are available in any particular case will depend on the specific circumstances involved. In the vast majority of cases, seeking just compensation will involve filing a claim based on one of the following:

Negligence

Many spinal cord injury victims suffer their injuries due to others’ negligence. Companies and individuals can both be held liable for negligence in appropriate cases. Victims and their families will often have grounds to file negligence-based claims in cases involving:

• Boat accidents
• Car accidents
• Golf cart, ATV and UTV accidents
• Motorcycle accidents
• Truck accidents

Essentially, a claim for negligence can arise when a serious accident results from a mistake that could—and should—have been avoided. For example, if you were injured by a distracted driver or your loved one was injured by a truck driver who was not qualified to be behind the wheel, these are both scenarios in which a claim for negligence may be warranted.

Premises Liability

Spinal cord injury victims and their families can pursue claims against property owners and tenants in many cases as well. These “premises liability” claims are also generally based on negligence, and they commonly involve issues such as:

• Dangerous swimming pools
• Loose (or missing) handrails or guard rails
• Malfunctioning elevators and escalators
• Spills, obstructions, and other slip and trip hazards
• Unsafe walking surfaces

While property owners and tenants have different legal obligations in different circumstances, if you are facing the life-altering consequences of any type of serious premises-related accident, it will be worth talking to a Florida personal injury lawyer about your legal rights. Our lawyers can assess your legal rights, and if it appears that you may have a claim, we can work quickly to preserve key evidence before it disappears.

Product Liability

In many cases, product-related accidents that result in spinal cord injuries are not governed by the law of negligence. Instead, they are governed by the law of “strict liability.” This means that proof of negligence is not required.

Product manufacturers, retailers and other businesses can be held strictly liable for traumatic accidents involving all types of dangerous and defective products. This includes (but is by no means limited to):

• Defective appliances and tools
• Defective toys and playground equipment
• Defective recreational equipment
• Defective safety equipment
• Defective vehicle components

Even though proof of negligence isn’t required in these cases, proving liability is still a complex process. Various forms of evidence may be necessary, and companies’ defense lawyers will fight these claims by all means available. As a result, it is essential for victims and their families to have experienced legal representation as well.

Medical Malpractice

Far too often, spinal cord injuries and their life-altering consequences result from mistakes in hospitals and other healthcare facilities. If a healthcare provider in Florida is responsible for your (or your loved one’s) condition, you have clear legal rights in this scenario as well. Just like other parties, healthcare providers can—and should—be held fully accountable for the consequences of their life-altering mistakes.

Potential Complications During the Process (and How to Overcome Them)

Even with spinal cord injury victims and their families are clearly entitled to financial compensation, various issues can lead to complications with their claims for damages. Anticipating these issues—and being prepared to overcome them when necessary—can be key for recovering the financial compensation victims and their families deserve.

For example, in many cases, insurance companies will try to avoid liability by either: (i) trying to shift the blame to someone else (or another company); or, (ii) trying to blame victims for their own injuries. While these tactics can lead to additional challenges, if you have a claim, they should not prevent you from recovering the financial compensation you deserve.

Compensation for Spinal Cord Injuries in Florida

In all cases, victims and families who have spinal cord injury claims in Florida are entitled to just compensation for their financial and non-financial losses. While every victim’s and family’s circumstances are unique, the types of compensation that are available in these cases generally include:

• Medical expenses
• Therapy expenses
• Wheelchairs, assistive devices, medications and other out-of-pocket costs
• Loss of income and benefits
• Physical pain and suffering
• Permanent scarring and disfigurement
• Emotional distress
• Post-traumatic stress
• Loss of enjoyment of life
• Loss of companionship, consortium, services and support

Victims and families who have any of the claims listed above are entitled to seek just compensation for their present and future losses. Future losses can far exceed victims’ and families’ losses incurred to date, so understanding the full scope of your financial and non-financial losses will be critical for making informed decisions about your legal rights.

Schedule a Free Initial Consultation with a Florida Personal Injury Lawyer Today

Do you need to know more about filing a claim for a spinal cord injury in Florida? If so, we strongly encourage you to get in touch. To schedule a free initial consultation with an experienced Florida personal injury lawyer at Searcy Denney, please call 800-780-8607 or request an appointment online today.