Spinal cord injuries leave most victims with lasting impairments that can alter the course of their lives forever. If you or a loved one suffered this type of catastrophic injury because of another person’s careless or reckless behavior, you may be able to file an insurance claim or a personal injury lawsuit and hold them responsible for your medical bills, lost wages, pain and suffering, and other losses.
At the Law Firm of Anidjar & Levine, we have a full team of spinal cord injury attorneys who can help you understand the role another person’s negligence played in causing your injuries. If we determine you are eligible to pursue compensation, we can guide you through the process and fight for the maximum payout possible in your case. Call us today at 800-747-3733 to speak to a spinal cord injury lawyer in Kendall.
How Does Negligence Lead to Spinal Cord Injuries?
Spinal cord injuries occur in a number of ways and negligence can play a role in most of these accidents. When another person acts carelessly or recklessly and this leads to your injuries, Florida law considers this negligence. We can usually hold them liable for your injuries based on the specific laws that apply in your case.
Motor Vehicle Accidents
The National Spinal Cord Injury Statistical Center (NSCISC) tracks the causes of spinal cord injuries. They report that 38 percent occur in car, truck, motorcycle, or other motor vehicle accidents. While Florida relies on a no-fault auto insurance system, a spinal cord injury that leaves you with permanent impairments meets the serious injury threshold. This means we can pursue a claim based on the at-fault driver’s auto liability insurance policy.
According to the NSCISC, falls are the second-leading cause of spinal cord injuries at 30.5 percent. If a property owner or occupier fails to take reasonable precautions to warn you of a hazard or otherwise prevent your fall, we can hold them liable for your injuries under the state’s premises liability laws.
Violence—most commonly, shootings and stabbings—is the third-leading cause of spinal cord injuries, according to the NSCISC. Violent acts cause 13.5 percent of all such injuries in the United States. While the criminal justice system is also usually involved in these cases, we can still pursue personal injury action in civil court to get the compensation you need.
While these are the most common, we can help you no matter what type of negligence accident led to your injuries. We have successfully won this type of claim using medical malpractice laws, defective product statutes, strict liability doctrines, and other tort laws.
How Can We Show the At-Fault Party Acted Negligently and Caused My Spinal Cord Injury?
Negligence is at the heart of almost every personal injury case, including those based on spinal cord injuries. To win compensation for your damages, we need to show the at-fault party acted negligently by proving the following key points.
They Had an Obligation to Act a Certain Way.
The obligation is obvious in an auto accident: All drivers must follow traffic laws. In other cases, it is not so clear. However, if the at-fault party failed to act in a reasonable manner, you likely have a viable claim. We have a team of expert witnesses who can help us better understand what this means and researchers who can find similar cases to back up our claim.
They Failed to Do So.
When we go to work collecting evidence to prove your case and support your claim, we will need to look for documentation that the at-fault party violated the rules or failed to act in a reasonable manner. Often, items such as the police report from an auto accident or a surveillance video of a fall provide adequate proof. Pictures from the scene immediately following the incident and eyewitness testimony are also important.
This Caused Your Accident and Injuries.
Linking the liable party’s negligence to your injuries is key. Not only do we need to show the incident occurred because of their failure to act in a reasonable manner, we must tie your spinal cord injuries to it, as well. Often, your medical records are enough to prove this. The record of your initial medical treatment in the first few minutes and hours after the accident is essential to our case.
You Suffered Damages Because of These Injuries.
We can prove your accident-related losses and other expenses by presenting your medical bills, receipts for accident-related expenses, and other documentation of your losses. We may enlist the help of experts to determine the cost of your ongoing and future care needs. In some cases, we may also recommend you keep a journal to document your pain and suffering. We use this to bolster our request for non-economic damages.
It is important to note that the criteria to prove liability may vary somewhat based on the laws that apply to your case. We can help you understand these complex legal statutes and doctrines when we discuss how your injury occurred and other details of your claim.
What Kind of Compensation Can I Expect to Collect?
When we pursue compensation for your injuries, we request a payout that covers a wide range of financial and emotional losses. We fight for a fair settlement for you, understanding the full value of both your current and future damages related to your injuries.
These damages commonly include:
- Medical bills;
- Inpatient rehabilitation;
- Outpatient therapy;
- Ongoing care costs, including home health or long-term care facilities;
- Future needs, such as regular wheelchair replacement;
- Adaptive or assistive equipment;
- Renovation costs to make your home wheelchair accessible;
- A wheelchair-accessible van or other vehicle;
- Parking costs at the doctor or hospital;
- Lost wages;
- Other accident-related expenses; and
- Pain and suffering losses.
How Can I Talk to a Spinal Cord Injury Lawyer in Kendall About My Case?
At the Law Firm of Anidjar & Levine, we offer free case reviews to help you understand your legal options after a Kendall spinal cord injury accident. Call us today at 800-747-3733 to meet with one of our South Florida personal injury lawyers.