Guide To Getting The Compensation You Deserve From a Spinal Cord Injury

Motor vehicle accidents and motorcycle accidents are the leading causes of spinal cord injuries, along with Los Angeles truck accidents, pedestrian accidents, and construction accidents.

Falls from ladders, scaffolding, and other heights at construction sites, and slip and fall accidents on private, commercial and public property, frequently result in spinal cord injuries.

Violent Crimes such as assault and battery, as well as gunshot or knife wounds, can permanently damage the victim’s spine
Sports particularly contact sports (e.g. football, soccer, wrestling)and other athletic and recreational activities contribute to numerous spinal cord injuries.
Regardless of the type of accident that caused your spinal cord injury, we will work tirelessly to help you secure the financial resources and care you need, now and in the future.

TBI Statistics

According to the National Spinal Cord Injury Statistical Center (NSCSC):

• About 17, 810 individuals in the U.S. suffer spinal cord injuries each year
• The average age of injury is 43
• 78 percent of new cases each year involve males
• Currently, approximately 294,000 individuals are living with a spinal cord injury in the U.S.

Classification of Spinal Cord Injuries

Generally, spinal cord injuries are classified as complete or incomplete, depending on the degree to which the victim loses the ability to control his or her limbs. In a complete spinal cord injury, all feeling and ability to control movement below the injury are lost. By contrast, an incomplete spinal cord injury occurs when there is partial motor or sensory function below the affected area.
There are varying degrees of incomplete injuries. The most severe spinal cord injuries can result in paralysis — quadriplegia and paraplegia:

• Quadriplegia impacts the arms, hands, legs, trunk, and pelvic organs
• Paraplegia involves paralysis to all or part of the trunk, legs, and pelvic organs

Losing any ability to control your limbs is traumatic, and even more so if your injury has been caused by the negligent or reckless conduct of another party. Trust J&Y to provide you with aggressive representation and fight tirelessly for your rights.

Spinal Cord Injury Symptoms

Given how debilitating a spinal cord injury can be, it is wise to work with an experienced California personal injury attorney.

At J&Y, we understand that victims of spinal cord injuries often require long-term medical care while family members are often thrust into the role of caregivers, which can become an overwhelming burden. Our legal team is here to help you lift that burden by providing you with informed representation when you need it most and fighting for every dollar you deserve.

While many injury claims can be resolved through detailed negotiations, we prepare each case to be ready for trial, which gives us leverage at the bargaining table. Above all, we will always work in your best interests and help you achieve the best possible outcome for your spinal cord injury claim. Please contact our office today for a free evaluation of your case.

Proving Negligence in a Spinal Cord Injury Claim

To have a valid spinal cord injury claim, we must be able to prove four elements of negligence:

• The responsible party owed you a duty of care
• The defendant breached that duty
• The defendant’s negligence was the direct cause of your injury
• Your spinal cord injury resulted in financial, physical, and emotional damages

The term “duty of care” simply means that we all have a responsibility not to cause harm to others. For example, all property owners in California have a duty of care to remove hazards from their property and warn visitors of any dangers. A homeowner who breaches this duty by failing to repair a cracked walkway can be held liable for a slip and fall accident that results in a spinal cord injury.In the context of construction accidents, all site owners in California have a duty of care to provide workers with a safe environment. If a construction worker is injured in a fall because scaffolding was installed incorrectly or is defective, the site owner, contractor, and equipment provider may all be held liable.

While construction accident victims are generally covered under workers’ compensation, the available benefits do not provide for pain and suffering. On the other hand, if the accident was due to safety violations or the negligence of a third party (e.g. a contractor, engineer, equipment manufacturer), an injured worker has the right to file a civil lawsuit.

At J&Y, we have the skills and experience to demonstrate negligence in spinal cord injury claims and will work strategically to win you all the compensation you deserve.

What you are entitled to if you suffered a spinal injury due to negligence

In a successful spinal cord injury claim, you may be awarded compensation that includes economic and non-economic damages, such as:

• Lost wages
• Medical expenses (current and future)
• Loss of earning capacity
• Pain and suffering
• Permanent disability
• Loss of enjoyment of life
• Rehabilitation
• Long-term care
• Accommodations to your residence

If the defendant’s conduct was particularly egregious or unlawful (e.g. drunk driving, assault), you may also be awarded punitive damages, which are designed to punish the responsible party and deter others from engaging in similar misconduct.

At J&Y Law, we know that a spinal cord injury can have lasting repercussions. Some victims may require ongoing medical treatment and rehabilitation, most will never regain their motor skills and senses, and victims of complete spinal cord injuries may require lifelong care. It takes an aggressive personal injury attorney to win you compensation that considers all your future medical and financial needs.

Spinal Cord Injuries and Wrongful Death Claims

If a loved one has died as the result of a spinal cord injury, surviving family members can seek justice through a wrongful death lawsuit. Parties that can bring a wrongful death claim in California include:

• A surviving spouse
• The deceased person’s domestic partner
• Surviving children
• Parents or siblings (if there are no direct survivors)
• Others who were financially dependent on the deceased individual

To prevail in a wrongful death lawsuit, we must be able to prove that the defendant’s negligence was directly responsible for causing the injury that resulted in your loved one’s death.

In a successful claim, certain damages will be awarded to the decedent’s estate, including:

• Past and future lost wages and benefits
• Reasonable medical expenses related to the decedent’s final injury or illness
• Funeral expenses.

Surviving family members can also recover damages for the value of financial support and household services their loved one provided, as well as for the loss of love, companionship, and guidance. You should know that a wrongful death claim must be filed within two years of the deceased person’s passing.

Also, the executor of the decedent’s estate may be able to pursue a survival action, which focuses on the pain and suffering of the decedent, rather than the family’s losses. Damages that may be awarded to the estate include pain and suffering of the victim, medical expenses, and lost earnings that are then distributed to the estate beneficiaries.

While no amount of money can replace a loved one, a wrongful death lawsuit can help to hold responsible parties accountable and provide family members with peace of mind and the resources they need to move forward.

How J&Y Law Can Help With Your Spinal Cord Injury Claim

If you or a loved one has suffered a spinal cord injury, it is crucial to be treated immediately to prevent your injuries from worsening or becoming fatal. If you were injured in a car accident or other act of negligence, turn to J&Y Law.

When you become our client, we provide you with knowledge, compassion, and the personal attention you deserve. We have a proven history of successfully trying personal injury claims, having recovered millions of dollars on behalf of our clients.

Our dedicated spinal cord injury attorney will conduct a thorough investigation to determine the cause of the accident that led to your spinal cord injury and work to protect your rights.Our team routinely collaborates with a network of respected medical experts who can provide evidence and testimony about the traumatic impact of spinal cord injuries in terms of pain and suffering and loss of bodily function.

We understand the challenges facing you and will work to help you obtain the medical care you need and the compensation you deserve. If a loved one has died as the result of a spinal cord injury, we will determine to pursue a wrongful death lawsuit and handle all the details of your claim. Above all, we will always put your best interests first and never stop fighting for you.

Contact Our Experienced California Spinal Cord Injury Attorneys

At J&Y Law, we have a well-earned reputation as dedicated advocates of the injured and will leverage our skills and resources to win your spinal cord injury claim. Please contact our office today for a free evaluation of your case.