Motor vehicle collisions, defective product accidents, incidents of medical malpractice, slip and falls, and other events may result in a multitude of serious injuries, including nerve damage. A victim may be subjected to staggering medical expenses, a loss of income, and immense pain and suffering. If you or a loved one has suffered nerve damage in an accident caused by another person or entity, the Pembroke Pines injury lawyers at Cohn & Smith are here to help you investigate your accident, file a claim against any responsible parties, and prepare your case for settlement or trial.Proving Damages for Nerve Injuries
Most personal injury cases, including those in which the victim suffered nerve injuries, begin with an inquiry into whether the defendant was negligent. This is usually an assessment of whether the defendant acted similarly to a reasonably prudent person under the same circumstances. To determine whether negligence existed, four elements must be proven: duty, breach of duty, causation, and damages.
After proving that the defendant breached a duty of care and proximately caused the plaintiff’s nerve injuries, the plaintiff must then illustrate the nature and extent of the harm that they suffered. The function of nerves in the human body is to transmit impulses within the body, such as from the brain to the muscles. Nerve groups include the brain, cranial nerves, spinal nerves, and sympathetic nerves, all of which have important and very specific functions. Injuries to the nervous system or spinal cord may be extremely painful, sometimes involving lifelong complications like muscle atrophy, weakness, paralysis, numbness, tingling, burning, and sensitivity.
In addition to the plaintiff’s testimony regarding their nerve injuries, the plaintiff may also rely upon the testimony of expert witnesses, such as physicians, physical therapists, or vocational rehabilitation experts, to help the jury understand the full extent of the devastation caused by the accident. The defendant may argue that the plaintiff also was negligent in causing the accident at issue. Comparative fault by a plaintiff may reduce their compensation award, so it is important to anticipate and defend against such allegations if possible.
The plaintiff has the burden of proving their case by a preponderance of the evidence. They must also file a formal claim in court within the applicable statute of limitations, or else their case will be dismissed in most situations. There may be other requirements, depending on the facts and circumstances of a particular accident. For instance, if the defendant in a car crash case does not have liability insurance, and the plaintiff will be relying upon their uninsured motorist insurance coverage, there is probably a contractual requirement for timely notice, which may need to be given earlier than the expiration of the statute of limitations.Contact an Experienced Injury Lawyer in Pembroke Pines
It takes time and skill to prepare a personal injury claim for trial. If you have been hurt and need to file a claim, it is best to contact an attorney without delay in order to allow ample time for a full investigation of the accident. The Pembroke Pines injury attorneys at Cohn & Smith represent victims throughout South Florida, including in Fort Lauderdale, Davie, Weston, Coral Springs, Tamarac, Sunrise, Pompano Beach, Aventura, and cities throughout North Dade County. For a free consultation with a car accident attorney or guidance with any other personal injury claim, call us at (954) 431-8100 or contact us online.