Millions of Americans suffer from some form of paralysis, which is defined as the loss of function (either partial or complete) of a part of the body. Both motion and sensation may be affected by the victim’s paralysis. The leading cause of paralysis is stroke, but this is closely followed by spinal cord injuries and traumatic brain injuries, both of which are often preventable. If you or a family member is suffering from paralysis because of an accident in the Pembroke Pines area that was caused by someone else’s carelessness, the injury lawyers at Cohn & Smith can help you seek compensation from the responsible party.
Statistics from the Christopher & Dana Reed Foundation suggest that instances of paralysis caused by a spinal cord injury most often result from work accidents, motor vehicle collisions, sports and recreational accidents, and falls. When these types of accidents are caused by a party’s failure to exercise the level of care that a reasonable and prudent person would have used in the same or similar circumstances, an accident victim may file a lawsuit for negligence.Seeking Compensation for Paralysis through a Negligence Claim
To prove negligence, a victim must show four things: that the defendant owed him or her a duty of care, that the defendant breached the duty, that the defendant’s breach was the proximate cause of the harm, and that the plaintiff incurred actual damages. All four of these elements must be proven by a preponderance of the evidence, which means that that the evidence offered by the victim must be of greater weight or more convincing that the defendant’s evidence to the contrary.
Once a case of negligence has been made, there are several issues that must be dealt with. One of the most significant of these is the amount of damages that it will take to fully compensate the accident victim for his or her injuries. The exact figure varies from case to case but generally should reflect payment for pain and suffering, lost wages, and medical expenses. For victims of paralysis, medical expenses can easily range in the hundreds of thousands of dollars, and many paralyzed people are unable to return to work following an injury. Modifications to the victim’s home and vehicle are also necessary in many cases.
Another issue that can arise in accident cases is that of comparative negligence. Florida follows the doctrine of pure comparative fault, which means that an accident victim’s recovery of damages may be reduced in relation to his or her level of fault in an accident. However, he or she can potentially still get damages from the defendant according to the percentage of the defendant’s fault.
People who are hurt in accidents have a limited amount of time to file suit against those who were responsible for their injuries. While the statute of limitations for personal injury claims is four years in Florida, it is always wise to seek counsel promptly so that a proper investigation can be made, notices can be filed if required, and medical providers can be informed of impending litigation, which can sometimes delay or prevent legal action on unpaid medical bills.Explore Your Options with a Pembroke Pines Paralysis Attorney after a Devastating Accident
If you or someone in your family has suffered paralysis, spinal injury, or traumatic brain injury because of a car accident, a slip and fall, or another preventable event, the Pembroke Pines paralysis attorneys at Cohn & Smith can help guide your family toward a settlement or judgment that may lessen the financial hardships that often accompany catastrophic injuries. To schedule a free appointment with a knowledgeable member of our legal team, call us at 954-431-8100 or contact us online. We serve individuals throughout South Florida, including in Pembroke Pines, Hollywood, Davie, Sunrise, and Tamarac. Most cases are accepted on a contingency fee arrangement, so you do not have to pay legal fees upfront.