Fairmont Spinal Cord Injury Lawyer
The spine is responsible for carrying nerve trigger signals from the brain throughout the body. Any damage to a person’s spine, whether from a car accident, workplace injury, slip and fall, or another incident, has the potential to cause significant physical damage because of the role the spinal cord plays.
Therefore, if you have spinal damage and believe it could have been caused by the careless or reckless actions of another, you should contact a Fairmont spinal cord injury lawyer to assess your potential for legal action. With the help of an experienced catastrophic injury attorney, you could advocate for your legal rights and seek damages for your losses in a court of law.
Symptoms of a Spinal Cord Injury
According to the U.S. National Library of Medicine, SCI is a medical emergency because fractured or broken vertebrae can tear into cord tissue and disrupt the bundle of nerves that run down a person’s back. Anyone who believes they may have a spinal cord injury should seek immediate medical attention. Some possible symptoms and warning signs of an SCI include:
- Loss of bowel or bladder control
- Loss of or altered sensations, including the ability to feel heat and cold
- Sudden changes in sexual function and sexual sensitivity
- Numbness or tingling in hands, fingers, feet, or toes
- Difficulty walking, balancing, or loss of movement of some kind
- Difficulty breathing, coughing, or clearing lungs
There are many non-fault-based causes of a spinal cord injury, such as multiple sclerosis, cancer, arthritis, and inflammation. However, if a plaintiff is considering suing for their injuries, they believe another might have caused this damage. Some external causes of an SCI include:
- Vehicular accidents
- Slip and falls
- Violence, particularly from gunshot wounds
- Medical malpractice or surgical complications
When consulting with a Fairmount spinal cord injury attorney, it is helpful if they understand both the plaintiff’s symptoms and the catalyst for their wounds to build a valid case for compensation.
Proving a Negligence in an SCI Case
In a personal injury case, the plaintiff has the burden of proving the defendant’s negligent actions caused their damages. A Fairmount SCI lawyer might do this by establishing the following elements:
- Duty—the defendant had a duty or obligation to the plaintiff
- Breach—the defendant breached that duty
- Causation—the breach caused the injury
- Damages—the plaintiff suffered actual losses as a result
While this claim could appear relatively straightforward, each element requires complex legal arguments and can present unique challenges depending on each case. Therefore, plaintiffs should rely upon the experience of a spinal cord injury lawyer from Fairmont to help them with their lawsuit.
Modified Comparative Fault
One of the primary defenses a defendant could raise in a spinal cord injury case arises from West Virginia’s modified comparative fault laws. This rule, found under West Virginia Code §55-7-13A, means that a plaintiff’s damages could be decreased by the corresponding amount of fault the court assigns them for the accident, up to 50 percent.
If a defendant alleged the plaintiff was partially to blame for an accident, and the court agreed they were 20 percent at fault, a $100,000 damages award would be reduced to $80,000. A Fairmount spinal injury attorney could mitigate the plaintiff’s blame in order to collect the maximum amount of damages.
Call a Fairmont Spinal Cord Injury Attorney to Claim Your Entitled Recovery
If you are injured, you may be able to achieve a more favorable outcome to your situation with the help of a Fairmont spinal cord injury lawyer. A local legal ally could pursue damages from the party involved in your accident. To see what legal remedies could be available to you, reach out today.