If you are involved in an accident that leaves you with a spinal cord injury, immediately call 911 for medical attention. The medical care that you receive after an accident may determine whether the effects will be temporary or permanent. The emergency medical technicians who arrive on the scene of the accident will immobilize your neck and back to ensure that there is no further damage your spinal column.
Anyone dealing with a spinal cord injury knows that it can take a physical, emotional, and a financial toll on your life. Call a Clarksville spinal cord injury lawyer to find out what your rights are and how you can get compensation to pay for your medical care and expenses. A compassionate catastrophic injury attorney could guide you through the legal process.
Types of Spinal Cord Injuries
An injury to the spinal cord occurs when there has been a direct trauma or damage to the nerves, bones, or soft tissue surrounding the spinal cord. Trauma to the spinal cord can have a domino effect on the functions of other areas of your body that can affect mobility, respiratory, bladder, and sexual functionality.
Spinal cord injuries have two classifications, complete and incomplete. A complete spinal cord injury is a total loss of feeling and muscle function. Whereas, an incomplete spinal cord injury occurs when there is some sensation and the nervous system can propagate signals past the injured area of the spinal cord.
How do these injuries happen?
There is no specific accident that causes a spinal cord injury. Some of the more common ways this injury can occur are:
Recovering From a Spinal Cord Injury
Recovery from a spinal cord injury is possible. However, each injury is different. If a person has an incomplete injury, they have a good chance to gain an increase in the movement back in their limbs with physical therapy and medication.
On the other hand, someone who has a complete injury may only gain minimal movement back, if any. Someone who has a complete spinal cord injury may receive a diagnosis of paraplegia or quadriplegia. A paraplegic has movement below the waist, where a quadriplegic has no movement below the neck. Only a doctor will be able to assess a specific spinal cord injury.
Successful Negligence Claim For Spinal Cord Injuries
Proving negligence for such a severe injury is based on the defendant’s duty of care to the plaintiff. A duty of care is a legal standard that a reasonable person should follow to keep another safe when faced with a potentially harmful condition. The defendant’s action or inaction to remove or alleviate a dangerous condition is when their duty of care is in question. If a person does not follow the standard duty of care of a reasonably prudent person in a comparable situation, they may be negligent. If a plaintiff sustains injuries because of their negligence, they can file a claim for damages. A Clarksville spinal cord injury attorney could help an injured individual file a claim.
Damages Allowed in Clarksville
In Tennessee, a plaintiff can claim economic and non-economic damages. Economic damages include:
Because this type of injury is catastrophic, the state of Tennessee allows up to $1,000,000 for non-economic damages. Tenn. Code Ann. § 29-39-102. These damages include emotional pain and suffering, loss of enjoyment of life, loss of companionship, and psychological scars from the accident itself.
If the courts find that the defendant’s behavior is wanton and reckless, there may also award punitive damages. Punitive damages serve to punish and set an example to others exhibiting this type of behavior.
Call a Clarksville Spinal Cord Injury Lawyer
During this time, you may not only need the support of family and friends but also the help of a lawyer to navigate the personal injury claim process while you tend to your medical needs. Your medical needs may include multiple surgeries, the reconfiguration of your home, and long-term therapy to regain all or some functionality of your limbs.
Would you rather spend this time solely focused on getting better instead of being frustrated by the countless phone calls to insurance companies? A Clarksville spinal cord injury lawyer is standing by to assist.
The insurance company has a legal team. You should too.
