Personal Injury – Spinal Cord Injury

Understanding Spinal Cord Injuries

A spinal cord injury occurs when there is damage to any part of the spinal cord or the nerves at the end of the spinal canal. This can result in a loss of movement, sensation, or both below the site of the injury. Spinal cord injuries can be classified as complete or incomplete, depending on the extent of the damage. A complete injury means that there is no function below the site of the injury, while an incomplete injury means that there is some degree of function remaining.

The Causes of Spinal Cord Injuries

Spinal cord injuries can be caused by a variety of factors, including accidents, medical malpractice, and intentional acts of violence. Some of the most common causes of spinal cord injuries include:

Motor vehicle accidents: Car accidents, truck accidents, and motorcycle accidents are among the leading causes of spinal cord injuries.
Slip and fall accidents: A fall from a significant height or onto a hard surface can result in a spinal cord injury.
Sports and recreational activities: Contact sports such as football and rugby, as well as extreme sports like snowboarding and skateboarding, can result in spinal cord injuries.
Medical malpractice: Negligent medical treatment, such as a delay in diagnosing or treating a spinal cord injury, can result in permanent damage.

Filing a Personal Injury Lawsuit

One of the most common ways to seek compensation for a spinal cord injury is to file a personal injury lawsuit. A personal injury lawsuit is a legal claim brought by an individual who has been injured as a result of the negligence or wrongdoing of another person or entity. In order to succeed in a personal injury lawsuit, the plaintiff (the person filing the lawsuit) must be able to prove that the defendant (the person or entity being sued) had a legal duty to act with reasonable care, that the defendant breached that duty, and that the plaintiff’s injuries were a direct result of the defendant’s breach of duty.

For example, if a driver runs a red light and causes a car accident that results in a spinal cord injury, the driver may be held liable for the victim’s injuries. The driver had a legal duty to obey traffic laws and to exercise reasonable care while driving. By running a red light, the driver breached that duty and caused the accident that resulted in the victim’s injuries. The victim may be able to file a personal injury lawsuit against the driver and seek compensation for medical expenses, lost wages, and pain and suffering.

Similarly, if a property owner fails to maintain their property in a safe condition, and a visitor suffers a spinal cord injury as a result, the property owner may be held liable for the visitor’s injuries. The property owner had a legal duty to keep their property safe, and by failing to do so, the property owner breached that duty and caused the visitor’s injuries. The visitor may be able to file a personal injury lawsuit against the property owner and seek compensation for medical expenses, lost wages, and pain and suffering.

Workers’ Compensation Claims

If a spinal cord injury is suffered by an employee on the job, that employee may be eligible for workers’ compensation benefits. Workers’ compensation is a no-fault system that provides benefits to employees who are injured or become ill as a result of their employment. These benefits may include medical expenses, lost wages, and disability benefits. In order to receive workers’ compensation benefits, an employee does not need to prove that their employer was negligent. They only need to show that their injury or illness is related to their job.

For example, if an employee at a construction site suffers a spinal cord injury as a result of a fall from scaffolding, the employee may be able to file a workers’ compensation claim and receive benefits to cover their medical expenses and lost wages. The employee does not need to prove that the scaffolding was unsafe or that the employer was negligent in order to receive benefits. They only need to show that the injury occurred as a result of their employment.

Third-Party Claims

In some cases, a spinal cord injury may be caused by the negligence or wrongdoing of a third party who is not the victim’s employer. For example, if a manufacturing company produces a defective product that causes a spinal cord injury, the victim may be able to file a claim against the manufacturing company.

For example, if a consumer uses a faulty power tool that causes a spinal cord injury, the consumer may be able to file a product liability claim against the manufacturer of the power tool. In a product liability claim, the victim must prove that the product was defective and that the defect caused their injury. The victim may be able to seek compensation for medical expenses, lost wages, and pain and suffering.

In another example, if a construction worker is injured because of a defective piece of equipment provided by a rental company, the worker may be able to file a third-party claim against the rental company. In this case, the worker would have to prove that the equipment was defective and that the defect caused the injury.

Best Personal Injury Lawyer in West Covina

Navigating the legal system can be complex and time-consuming, and it is important to have the guidance of an experienced attorney. The Law Firm of Oscar Ischiu, Esq, has experience handling spinal cord injury claims and can help you understand your legal options, build a strong case, and fight for the compensation you deserve.

If you or a loved one has suffered a spinal cord injury in the Los Angeles and greater West Covina area, don’t hesitate to contact The Law Firm of Oscar Ischiu, Esq. We understand the complexities of spinal cord injury claims, and we are dedicated to helping our clients obtain the compensation they need to move forward with their lives. With our help, you can focus on recovery while we handle the legal details.

By Oscar A. Ischiu, Esq. | Posted on March 9, 2023