Frequently Asked Questions About Spinal Cord Injuries
Some 294,000 Americans suffer from spinal cord injuries, with an additional 17,810 cases occurring every year. These debilitating injuries can cause a host of problems, from chronic pain to partial or total paralysis. These impairments can lead to loss of income even as medical bills and other related expenses mount.
If you have sustained a spinal cord injury at the hands of someone else, you may wish to file a personal injury lawsuit against that party to obtain much-needed financial compensation. Take a look at some frequently asked questions about this type of injury and the legal issues surrounding spinal cord injury lawsuits.
What Forms Do Spinal Cord Injuries Take?
The spinal cord relays all the sensory data and motor commands between the brain and the rest of the body. This thick cable of nerve tissue runs from the base of the brain through the neck and back, surrounded and protected by vertebrae. Even with this protection, however, the spinal cord can sustain serious injuries.
The majority of spinal cord injuries count as incomplete injuries that may respond to treatment. These injuries may affect the front of the spinal cord, the cord’s central tissue, or one side of the spinal cord (a condition called a Brown-Sequard injury). A complete spinal cord injury involves the severing of the spinal cord.
How Do Spinal Cord Injuries Occur?
Some spinal cord injuries occur due to medical malpractice, infections, violent acts such as shootings, or undetermined causes. However, most cases involve traumatic accidents. According to SpinalCord.com, auto accidents account for 39.3 percent of all spinal cord injuries, with falls accounting for an additional 31.8 percent.
What Effects Can a Spinal Cord Injury Have on Your Life?
A complete spinal cord injury cuts off all communication between your brain and the body parts served by the nerve tissue below the injury site. Depending on the level of the injury on the spine, you might lose control of your arms, legs, bladder, or bowels. These forms of paralysis can make an ordinary lifestyle difficult or impossible.
Even an incomplete spinal cord injury can impact your ability to earn a living or pursue everyday activities. You may experience partial paralysis, muscle weakness in a limb, and loss of sensation or manual dexterity. Chronic pain, numbness, tingling, or other uncomfortable symptoms can hurt your quality of life.
How Do You Pursue a Spinal Cord Injury Lawsuit?
You must file your spinal cord injury lawsuit within the time limits established by Nevada’s statutes of limitations. In most accidental personal injury cases, you need to file your lawsuit within two years of the accident date. Beyond this point, you may find it difficult or impossible to get your case heard in court.
According to Chapter 41A of the state legislature, if your case involves professional neglect or malpractice, you must file your lawsuit either within three years of the injury or within one year of discovering the damage done by the injury.
In a typical spinal cord injury lawsuit, you must prove that the party named in the lawsuit caused the injury (or worsened an existing injury) either through negligence or in a deliberate attempt to injure you. Your attorney may need to summon medical experts to testify on your behalf, especially in a medical malpractice case.
What Challenges Could Your Spinal Cord Injury Lawsuit Encounter?
If your spinal cord injury occurred while you were engaged in a potentially hazardous activity, the defense may argue that you shouldn’t receive compensation. This defense, known as assumption of risk, may drastically reduce your award or cause you to lose your case.
Nevada follows the modified comparative fault rule in assigning liability for personal injury cases. If the defense shows that you share liability for the circumstances of your spinal cord injury, the court may reduce your damage award by what it considers your percentage of fault.
When you need genuine legal expertise in the area of spinal cord injury lawsuits, turn to our team at Bradley, Drendel & Jeanney. We can evaluate the circumstances and evidence surrounding your injury and present your case as compellingly as possible. Contact our law office today.