When a spinal cord injury (SCI) occurs as a result of an accident, it can present significant complications. This canal of nerves running the length of the spinal column is a vital part of the nervous system because it conveys signals from the brain to the organs and extremities. Damage to the spinal cord can mean an interruption in the transference of these messages and, consequently, serious impairment.
If you or a loved one has suffered harm from an accidental or intentional incident, consider working with a Westminster spinal cord injury lawyer to discuss your options for legal recovery. The law recognizes that victims should not be responsible for paying for harm inflicted on them by other people or companies’ negligence. Legal counsel at Mac Hester Law is familiar with catastrophic accident cases and could help examine the cause of an SCI, determine who is at fault, and argue for the compensation you could be entitled to.
Consequences of Spinal Cord Injuries
Damage to the spinal cord causes an interruption from the brain to the rest of the body. This disruption, usually from a jarring blow, impact, or fall, can result in a loss of mobility and impaired internal organ functioning.
The closer the impact was to the head, the more serious the injury could be. An example of a serious spinal cord impact could be quadriplegia victims who experience paralysis from the neck down. Organs like the lungs, bladder, and reproductive tissue could have trouble functioning properly.
Although advances in medicine have increased the quality of life for SCI victims, most injuries are permanent. This means that after a catastrophic accident, a person may need continuous care and adaptive accommodation for the remainder of their life.
In addition to the physical effects, the mental consequences of an injury as severe as this one are substantial. Fortunately, in a successful spinal cord injury lawsuit, a person could obtain compensation in Westminster for not only their out-of-pocket expenses but also for intangible damages, such as physical pain and emotional suffering stemming from the incident.
Proving Liability in a Catastrophic Injury Lawsuit
Before a person can obtain compensation for the losses they have experienced, they must prove that another person or party was responsible for their injuries. Since most events causing injuries are accidents, such as roadway collisions, slip and falls, or medical malpractice, legal cases are usually brought under a negligence cause of action in order to recover damages.
Proving another party is liable for negligence means using evidence to show that they failed to meet their appropriate standard of care under the law. Subsequently, a plaintiff must demonstrate that the defendant’s act or omission proximately caused the accident and injuries directly.
Liability could be difficult to determine if there is more than one cause of an injury. For example, in a car accident, the combined actions of two drivers could have resulted in causing a crash. Under Colorado Revised Statutes § 13-21-111, several rules apply to instances where more than one party is to blame in an SCI incident.
The state’s comparative fault rule outlines that a plaintiff can only recover damages in a case if the jury determines that they are less than 50 percent responsible for the accident. If the court were to decide that a plaintiff is somewhere between 1 and 49 percent at-fault for an accident, it could reduce the overall financial award by that amount. Finally, if the plaintiff is 50 percent or more responsible for an accident, they may not be permitted to any recovery by the courts. A lawyer familiar with SCI claims can fight to recover the most amount of damages and prove the least amount of fault possible in your case.
Hire a Westminster Spinal Cord Injury Attorney to Fight for Your Rights
Even if you think you may be partly responsible for an accident, you should not let it discourage you from consulting a legal representative. An experienced Mac Hester Law attorney could help appraise your case and advise you of your options.
If you have suffered trauma as grave as an SCI, you deserve compensation if your accident was due to another’s negligent or intentional act. Call a Westminster spinal cord injury lawyer today to learn more about holding these parties accountable.