A spinal injury can have debilitating effects on the lives of victims and their families. Besides lifetime medical expenses associated with the condition, a victim becomes bedridden for life. If you or a member of your family has suffered from such an injury, you should consult a spine injury attorney.
What Is A Spinal Cord Injury?
It can be considered as a bundle of nerves inside the spinal column, or the backbone, which carries messages to and from the brain and the body. Even the slightest spinal cord injury can cause irreversible damage.
An injury could leave a victim paralyzed in all four limbs –quadriplegic or only in the lower part of the body – paraplegic. As the spinal cord has, an array of functions such as breathing, bladder, body temperature, and sexual functions, accident victims may suffer a wide range of serious and permanent health issues.
Causes of Spinal Cord Injury
Any traumatic injury or a massive blow may cause spine injury. National Spinal Cord Injury Statistical Center suggests some common causes:
- Accidents are responsible for about 42.1% of spine injuries
- About 26.7% happens from falls
- 15.1% of spine injuries happen due to violent acts like gunshot wounds
- 7.6% of spine injuries are the result of recreational sports
Spinal Cord Injury Lawsuits
The victim’s family can file a spine injury lawsuit under the following circumstances:
- Injury Caused Due To Negligence: Negligence is the common theory of maximum spine injury lawsuits. If it is a case of negligence, and you were injured when the car hit your motorbike or you slipped badly and fell down the stairs – you have to prove that the case is valid. That the other party or defendant in the legalese is at fault, and legally responsible.
- Defective Products: Spine injury may be the result of defective products such as airbags or seat belts. In such cases, you are entitled for claiming compensation for injury to spine from the responsible company that manufactured and sold the defective product.
Defense In Spinal Cord Injury Cases
- Comparative & Contributory Negligence: In spine injury cases, it is uncommon for the defendant to claim that the victim was careless, and the defendant is not responsible. For instance, alcohol is a major factor in many spine injuries (Mayo Clinic reports 1 out of 4 cases are due to alcohol); the defendant might reason that the victim’s intoxication was responsible for the accident and resultant injuries.
- Risk Assumption: If the spine injury happened when the victim was involved in some dangerous activity, such as skiing or bungee jumping, the defendant might raise the “assumption of the risk” as a defense. The defendant may even argue that the victim chooses to participate in an activity that could probably cause harm, and, hence, the victim is not entitled to any compensation.
A spine injury lawsuit involves more complex legal as well as medical issues than any other personal injury case. If you want to file a lawsuit, consult a spine injury attorney specializing in these matters.