Written By Eva Brindisi Pearlman | March 30, 2018
Jane was driving to her child's school one day to pick her daughter up from a flute lesson. On her way there, however, a driver who was texting and driving slammed into the back of her vehicle. Jane was jolted forward, whipping the upper half of her body over the steering wheel. It happened so quickly, and Jane was in shock from the accident. It wasn't until she was taken to the hospital that her doctor explained to her that her airbag had malfunctioned and she had a severe spinal cord injury. There was a chance she may never walk again. No more work, no more picking up her child, Jane was left alone with her catastrophic injury.
Causes of Spinal Cord Injury That Could Lead to a Lawsuit
Major causes of injuries to the spine that could lead to a lawsuit include:
Determining Who's at Fault for a Spinal Cord Injury
There are two main types of spinal injuries that could lead to a lawsuit. They are negligence and defective products.
Negligence: When the injury to the spine occurs due to another person's neglect or carelessness such as a car accident, a workplace fall that could have been prevented if the job site had been safe, or medical malpractice. This type of lawsuit requires an action or inaction that would have prevented the spinal cord injury. The defendant would be the person or persons involved in the negligent act or omission.
Defective Products: When a design flaw or manufacturing defect leads to an injury of the spinal column such as a defective airbag. This type of lawsuit depends on if the injury suffered by the victim would not have happened if it was not for the failed product. In this case, the company who designed, manufactured, and sold the product could all be prospective defendants.
What You Need to File a Spinal Cord Injury Lawsuit In New York
In order to pursue a spinal cord injury lawsuit, you must prove the severity of the injuries sustained and that they are causally related to the accident or occurrence. For instance, a mildly sore back after a fall on some ice may not warrant a lawsuit as much as a person who suffered from paralysis or wrongful death. If your injuries have left you unemployed, drowning in medical payments, or if they have affected your physical or emotional well-being, there is a serious possibility that you have a case. Begin to collect all of the financial loss information and medical documents needed to establish the economic damages of your case and then begin searching for a personal injury lawyer.
Speak to an Experienced Personal Injury Lawyer
To move forward in a spinal cord injury lawsuit, one of the first steps is to contact with a personal injury attorney. You must be the first to reach out to begin this process. A good way to find a personal injury lawyer that is right for you would be doing some research to determine their level of experience, any awards or recognition, and their results in similar cases. From there, you may wish to contact their office to set up a meeting. Some law firms offer complimentary consultations which also gives you the opportunity to decide if they are the right fit for you. Once you have chosen your lawyer, they will be able to explain the fundamentals of the lawsuit, how the process works, and answer any questions you may have. Your personal injury attorney works for YOU, so never be afraid to ask questions.
If you or a loved one has suffered from paralysis or other spinal cord injury, you have the lawyers at The People's Lawyer on your side. We know how difficult and tragic this situation can be and we want to do our part to help represent you in your time of need. You may deserve substantial compensation for your misfortune. Brindisi, Murad, Brindisi and Pearlman offers free legal advice for potential spinal cord lawsuits. Let us fight for you. Contact our office today.
Spinal Cord Injuries Blog