How Do Personal Injury Lawyers Evaluate Paralysis Cases?
Paralysis cases are evaluated based on injury severity and prognosis. Other factors include the ability of the individua to continue earning a living, the injury’s effect on their family, and the need for future medical care and equipment.
Paralysis is considered a catastrophic injury, resulting in life-altering, permanent disability. Motor vehicle accidents, sports injuries, and construction site accidents are among the major causes of paralysis. Intentional assaults are another frequent cause of permanent disability.
A Personal Injury Lawyer Protects Your Rights
Although a spinal cord or head injury resulting in paralysis can happen to anyone, the demographic most affected trends toward young and male. This means a person may live for decades with a severe injury requiring ongoing medical care.
Paralysis changes your life. Because these cases are so expensive, insurance carriers do their best to reduce or delay claims or deny them outright. A New York City personal injury lawyer at Douglas and London can help you receive the compensation you deserve for your ongoing medical and other needs. We protect your rights and are there for you at this difficult time.
It’s important to remember that the statute of limitations in New York for filing a personal injury lawsuit is three years from the date of the accident. So, it is crucial to obtain legal counsel promptly to start an investigation before vital evidence is lost.
Types of Paralysis
Paralysis occurs when a person suffers an injury to the spinal cord or brain. Paralysis is either complete or incomplete. The former refers to individuals who have lost all feeling below the injury site, as well as motor function. If the person retains some feeling or function, the injury is considered incomplete.
Paraplegia involves paralysis of the lower body below the torso. Quadriplegia occurs when the spinal injury affects the brain or high-level neck vertebrae and paralyzes all four limbs. Both types of paralysis are usually permanent. Incomplete paralysis may have a better prognosis. A partial spinal cord injury will usually result in some, but not all, loss of function.
Spinal cord injuries bring all sorts of complications with them. Those with quadriplegia may find it difficult to breathe on their own. Other complications include:
- Blood clots
- Joint and muscle pain
- Loss of bladder and bowel control
- Muscle atrophy
Medical and Physical Evidence
An attorney reviews all of the client’s medical records. We will also work with clients to ensure they are under the care of top specialists.
Physical evidence from the accident scene is reviewed thoroughly. This includes photos, surveillance video, and police reports. Depending on the nature of the accident, evidence may also include reconstruction of the event by professionals. This is especially true in motor vehicle crashes.
After the investigation, the attorney determines which parties are liable for the client’s paralysis. In many cases, several entities are involved, and identifying them is critical. For example, when paralysis results from another driver’s negligence, the investigation could uncover mechanical defects with the car. The manufacturer or a repair facility could hold some responsibility.
Paralysis Injury Damages
Damages, or compensation, for paralysis in New York are either economic or non-economic. Economic damages are relatively straightforward to calculate, and include:
- Medical expenses, present, and future
- Lost wages
- Loss of future earning capacity
- Property damage
- Cost of special equipment
- Cost of home modification
- Cost of in-home health aides
Determining non-economic damages is more subjective. Examples of non-economic damages include:
- Pain and suffering
- Loss of enjoyment of life
- Emotional distress
- Loss of companionship or affection
- Loss of consortium
The attorney presents testimony from medical experts, specialists in vocational rehabilitation, economists, or life planners to show the short-and-long-term costs of caring for the client. When it comes to fighting for the maximum damages for a paralyzed client, it is always a team effort.
Contact us at Douglas and London for a free consultation
If you or a loved one were paralyzed because of another party’s negligence or recklessness, you need the services of an experienced personal injury lawyer at Douglas and London. Schedule a free consultation by completing our online contact form or calling or texting 24/7.
Our dedicated attorneys have recovered more than $4 billion for clients in settlements and verdicts. Our lawyers work on a contingency basis, so you do not pay a fee unless you receive compensation.