Spinal cord injury claims - An injury to the spinal cord can permanently damage the part of the body to which it is attached to. It can result in loss of movement, sensation, muscle function and overall strength. Basically, spinal cord injuries can result in a permanent damage to our normal life.
Have you suffered from a back or spine injury as the result of an accident?
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Spinal cord is the vertebrae at our back, constituting of nerves that help transferring signals to the brain and to other organs from the brain. In simple words, it is the signal carrier.
While there is no specific law or statute in reference to spinal cord injuries, the law will depend on the circumstances in which the injury was sustained and also on the extensive of the damage caused. A severe injury will result in a higher compensation while a minor injury will be treated as such. Also, the circumstances will dictate the defendant of the claim. If the injury is minor like just soreness to the back caused in an accident then the claim will only amount to that extent. However, if the injury is more severe where there is a lifelong disability involved, then the claim can be around €1 million and beyond based on the circumstances.
Causes for spinal cord injuries
Injury to spinal cord can be resultant of anything from a fall on the staircase to a major road accident. However, the impact is huge when your spinal cord is injured and sometimes the expense on treatment can be for the life time. Shortly put, spinal cord injuries can shatter the routine of yours and your family and the treatments are quite expensive.
Few common things that can result in spinal cord injury are:
- Road accidents – mostly when the same involves a car or a higher vehicle
- From falling – either on a staircase or from window or even on a slippery floor.
- Violent acts like shot through a gun
- While playing sports at your leisure time
Basis for filing spinal cord injury lawsuits
Spinal cord injury claims
- On the grounds of negligence: Generally, a lot of accidents are classified under the category negligence from the defendant. For instance, you suffered your injury owing to a rash driving of another person or due to a fall suffered from a staircase without handrails, then you can sue the defendant on the act of negligence. In this case, you need to prove that the defendant was negligent in following the regulations or rules.
- On the grounds of usage of defective products: As the title denotes, this is when you suffer an injury owing to usage of a product that did not meet the industry standards. A classic example would be faulty airbags or seat belts in your vehicle. You can claim from the manufacturer in such cases for your injury.
- On the grounds of malpractice: This would be typically in cases where the doctor or the attending physician administered a wrong treatment which resulted in the injury. In this case, you can raise a claim against the hospital or the doctor in specific for the damages.
There are also other factors that come into play when filing a claim. For instance, there is the factors called comparative negligence (carelessness of the victim compared with the defendant), contributory negligence (victim was drunk driving contributing to the injury) and assumption of the risk (victim takes an adventure sport understanding the risks associated). It is therefore beneficial to have an attorney who has prior experience to look into your case and help you with it.
Spinal Cord Injury Claims
While the spinal cord injury claim is treated in similar lines to any other personal injury, there are however two things that make these cases different – cost of the litigation and intensity of the injury. Both these are higher in case of a spinal cord injury unlike other injuries. It is therefore imperative to know the kind of damages for which one can claim compensation.
- Damage claim on loss of future income: In other words, compensation for loss of any future possible income owing to the injury is the first damage included in any claim. Most of the times, the injuries are so severe that the victim may not return to work at all. Even in cases where they do return to work, it will be at a pay lower to that of what they were earning earlier. In some cases, the recovery period could be so long that there might be a continued loss of income for that period. You need to employ an expert who can evaluate the amount of earnings you stand to lose due to the injury. An experienced person would be able to establish the same in front of a jury along with the time you will be away from work.
- Claim on lifetime expenses: In most cases, the person suffering from spinal cord injuries end up with a lifelong treatment either through medication or in hiring the assistance of a medical attendant. These are expensive and with the help of an expert you can ascertain as to the amount you need for these expenses, both for the treatment and for the caretaker. Even if a family member takes care of the needs without a cost, you can still include this as part of the claim for damages.
- Damages due to pain and emotional stress: Like in every other claim, you can also include the damages on your everyday routine owing to the injury. You can include claim for loss of love, affection, compassion, etc. along with the fact that you have to endure pain, suffering, and emotional stress.
Spinal cord injury claims solicitor Dublin
You may not always get the amount you claim from the defendant. These injuries are not just traumatic for the victim but it can be equally daunting for their family. However, with an expert Dublin Spinal Cord Injury Solicitor who has prior experience in the field of dealing with spinal cord injury related claims, you stand to gain a mighty good chance of recovering all your expenses relating to the injury and more.