Motor vehicle collisions and premises accidents are common causes of spinal cord injuries that can result in permanent disabilities. In motor vehicle crashes, the force of impact can fracture or compress the victim’s spine, leading to partial or complete paralysis. Similarly, slip-and-falls and other premises accidents, often caused by wet floors, uneven surfaces, or broken stairs, can result in severe spinal injuries when a person lands on their back or neck. These injuries often lead to life-altering consequences, such as loss of mobility or chronic pain.
A skilled spinal cord injury lawyer can help you seek compensation for your accident-related spinal injuries and disabilities. They will gather evidence, such as medical records, accident reports, and witness statements, to prove the at-fault party’s negligence. Additionally, they can negotiate with insurance companies to secure fair compensation for your lost income, mental anguish, and emotional suffering. If necessary, your lawyer may also take your case to court to ensure you receive the justice and financial support you deserve.
Types of Accidents that Lead to Spinal Cord Injuries and Permanent Disabilities
Motor vehicle accidents and premises accidents are common causes of spinal cord injuries that can lead to permanent disabilities. Certain types of incidents are more likely to result in these injuries due to the forces involved or hazardous conditions present.
One type of motor vehicle collision that frequently results in spinal injuries is high-speed collisions. When vehicles collide at high speeds, the sudden deceleration or impact can cause significant trauma to the body. Rollover accidents are another dangerous type, as they often involve violent motions and crushing forces that can compress or twist the victim’s spine.
Rear-end crashes can also lead to spinal injuries due to the rapid forward-and-backward movement of the body, commonly known as whiplash. Additionally, motorcycle accidents are especially risky because riders lack the protective enclosure of a car, leaving them vulnerable to direct impacts with the ground or other objects.
Premises accidents can also lead to spinal cord injuries, particularly when unsafe conditions are involved. Slip-and-fall accidents are among the most common causes. These incidents may occur when surfaces are wet, uneven, or cluttered, causing individuals to lose their balance and fall with great force.
Falls from heights, such as off ladders, staircases, or elevated platforms, are another major risk. The impact of a fall – especially from significant heights – can exert extreme pressure on the victim’s spinal column. Inadequate maintenance of premises, such as broken handrails or poorly lit areas, can also contribute to these falls.
In some cases, being struck with falling objects on the premises may cause spinal injuries. This is especially common in construction sites, warehouses, or retail stores where heavy items are stored overhead. Similarly, injuries can occur when a building collapses, or structural defects cause ceilings or walls to fall on individuals.
Types of Accident-related Spinal Cord Injuries that Can Lead to Permanent Disabilities
Spinal cord injuries are among the most severe consequences of motor vehicle crashes and premises accidents, often leading to permanent disabilities. These injuries occur when the spinal cord is damaged due to trauma, compression, or penetration, disrupting the nervous system’s ability to communicate with the body. The type and severity of these injuries depend on the location and extent of the damage.
Types of Spinal Cord Injuries:
In motor vehicle crashes, the most common spinal cord injuries include fractures, dislocations, and herniated discs.
High-speed impacts can cause vertebral fractures, which may compress or sever the spinal cord, leading to partial or complete paralysis. Whiplash, often associated with rear-end collisions, can result in cervical spine injuries, damaging the upper part of the spinal cord. Rollover accidents and ejections from vehicles can lead to severe spinal cord trauma due to forceful impact or twisting.
In slip-and-fall accidents, spinal cord injuries often occur when individuals land on their back or neck. Compression fractures are common, especially in the thoracic and lumbar regions. Falls from heights or on hard surfaces can also cause burst fractures, where the vertebra shatters and compresses the spinal cord.
The most severe cases may involve complete or incomplete spinal cord injuries. A complete spinal injury causes total loss of function below the injury site, while an incomplete injury results in partial loss of sensation or movement.
Medical Treatment:
Treatment for spinal cord injuries depends on the type and severity of the damage. Emergency care focuses on stabilizing the spine and preventing further injury. Immobilization techniques, such as using a cervical collar or backboard, are critical right after the accident.
Surgery is often necessary to repair fractures, remove bone fragments, or relieve pressure on the victim’s spinal cord. Stabilizing the spine with metal plates or screws may also be required. In cases of severe trauma, spinal fusion may be performed to ensure long-term stability.
Rehabilitation is also essential for recovery and adaptation to permanent disabilities. Physical therapy helps patients regain strength, improve mobility, and learn to use assistive devices like wheelchairs. Occupational therapy focuses on daily living skills while counselling and support groups address the emotional effects of the injury. Advanced treatments, such as stem cell therapy, may also improve outcomes for accident-related spinal cord injuries.
How to Prove that an Accident Caused a Permanent Disability after a Spinal Cord Injury
Proving that a permanent disability directly resulted from a motor vehicle crash or a slip-and-fall accident requires clear and convincing evidence. Legal and medical documentation plays a critical role in demonstrating the cause of the victim’s injury, the extent of the damage, and the responsible party’s liability.
Medical Records:
The most important evidence in these cases is comprehensive medical documentation. Medical records should detail the initial diagnosis, treatment, and progression of the spinal cord injury. Physicians’ reports, X-rays, MRIs, and CT scans can confirm the severity of the injury and link it directly to the accident. The timing of medical treatment is also vital. Seeking immediate medical attention after the accident establishes a clear connection between the injury and the event.
Accident Reports:
For motor vehicle crashes, police or accident reports are essential pieces of evidence. These reports document key details about the incident, such as the location, time, weather conditions, and the parties involved. They may also include witness statements and information about traffic violations, such as speeding or reckless driving, that contributed to the crash. For slip-and-fall accidents, an incident report from the property owner or manager is critical. These reports provide a record of the event and the hazardous conditions that caused the fall, such as wet floors, uneven surfaces, or missing handrails.
Photographic and Video Evidence:
Photographs or videos taken at the scene can strengthen a case by visually documenting the cause of the accident. For motor vehicle crashes, pictures of damaged vehicles, skid marks, and traffic signals can provide context for how the collision occurred. In premises accident cases, photos of hazards like spilled liquids, broken stairs, or icy sidewalks can demonstrate negligence on the part of the property owner. Surveillance footage, if available, can offer irrefutable evidence of the incident.
Eyewitness Testimony:
Statements from witnesses who saw the accident can corroborate the victim’s account. Witnesses may provide details about how the motor vehicle crash or slip-and-fall occurred and whether any safety violations or negligence were evident.
Expert Testimony:
Medical and accident reconstruction experts can provide professional opinions on the cause of the injury. A medical expert can explain how the spinal cord injury resulted from the trauma of the accident, while an accident reconstruction expert can analyze evidence to determine fault.
By gathering and presenting strong evidence, individuals can establish liability and prove that a motor vehicle crash or slip-and-fall accident caused their permanent disability.
How Can an Experienced Personal Injury Lawyer Help You Seek Compensation for Your Spinal Injury and Related Disability?
A knowledgeable personal injury lawyer can be a vital resource if you are dealing with a permanent spinal disability resulting from a motor vehicle collision or premises accident. Their legal knowledge and experience can help with navigating the legal process, proving your case, and securing the full compensation you need for your lost earnings, pain and suffering, and other related losses.
- Legal Guidance and Case Evaluation: A skilled personal injury lawyer will begin by evaluating the details of your case. They will assess the circumstances of your accident, the severity of your spinal cord injury, and the potential liability of the other party. Lawyers understand the laws and statutes that apply to personal injury cases, including the time limits and evidence necessary to build a strong case. With their guidance, you can better understand your legal rights and options.
- Proving Liability and Negligence: To win your case, it is necessary to prove that the other party’s negligence caused your injury. A personal injury lawyer will gather the evidence necessary to establish liability. For motor vehicle collisions, they may obtain police reports, traffic camera footage, and witness statements. For slip-and-fall cases, they will investigate property maintenance records, surveillance footage, and hazardous conditions that led to your accident.
- Working with Medical Experts: A knowledgeable personal injury lawyer will also collaborate with medical professionals to demonstrate the extent of your spinal cord injury and how it affects your life. Medical experts can provide testimony about the injury’s cause, the required treatments, and the long-term consequences, such as paralysis or chronic pain. This information is important for determining the value of your claim.
- Negotiating with Insurance Companies: Insurance companies often try to minimize payouts, offering settlements that are far below what you actually deserve. An experienced lawyer can negotiate on your behalf, ensuring that you receive fair compensation. They understand the tactics insurers use and can counter them effectively. If the insurance company refuses to settle, your lawyer can take your case to court.
Having a skilled lawyer by your side provides support, knowledge, and peace of mind, allowing you to focus on your medical recovery.
Compensation You Can Recover for Permanent Disabilities Due to an Accident-related Spinal Cord Injury
If you have suffered a permanent disability from a spinal cord injury in a motor vehicle crash or premises accident, you may be entitled to compensation for the various damages you suffered. These damages are meant to cover your lost earnings, pain and suffering, and emotional effects of your injury. Compensation is typically divided into economic and non-economic damages, with some cases also allowing for punitive damages.
Economic Damages
Economic damages compensate for the direct financial costs related to your injury. If your spinal injury prevents you from returning to work, you may recover compensation for the income you lost while recovering. Moreover, if your injury causes a permanent disability that limits your ability to earn, you may also be compensated for diminished earning capacity.
Non-economic damages, on the other hand, compensate for the intangible losses that result from your injury, including:
- Pain and Suffering: This includes compensation for the physical pain and discomfort resulting from your spinal cord injury.
- Emotional Distress: Permanent disabilities often lead to anxiety, depression, or loss of enjoyment in life. Your compensation may address these emotional challenges.
- Loss of Consortium: This type of damage applies to how your injury affects your relationship with your spouse.
In rare cases, courts may also award punitive damages if the accident resulted from reckless, malicious, or intentional misconduct. These damages are intended to punish the wrongdoer and prevent similar behaviour in the future.
An experienced personal injury lawyer will do everything possible to recover the damages you deserve for your long-term needs and quality of life.
Talk with an Experienced Personal Injury Lawyer about Your Legal Matter Today
If you or someone you love suffered a permanent spinal disability in a motor vehicle collision or premises accident, a skilled personal injury lawyer will handle the entire process for you. Your lawyer will gather medical evidence and other documentation to prove the connection between your injury, permanent disability, and accident. They will also represent you during settlement negotiations or in court to maximize your overall compensation award.
