The compassionate Stuart spinal cord injury attorneys at Donaldson & Weston are here to serve your family during some of the most difficult times that you may experience.
Accident Attorneys Helping Victims in Stuart and Surrounding Communities
People who have suffered serious injuries like spinal cord damage, paralysis, or brain stem injuries due to the negligence of another person or entity have legal rights to assert. With the assistance of a personal injury attorney, they may be able to pursue compensation for damages such as pain and suffering, medical care, and lost earnings. The knowledgeable Stuart spinal cord injury lawyers at Donaldson & Weston can guide you through the legal process if you have been involved in a devastating accident.
Spinal cord injuries may happen in many different types of accidents, including car, truck, and motorcycle crashes, boating or swimming pool accidents, and slip and falls. Regardless of the incident that resulted in the victim’s injury, they usually must be able to provide proof of the defendant’s negligence to be successful in a claim for damages. Negligence cases have four parts, each of which must be proven by a preponderance of the evidence for the plaintiff to recover a settlement or prevail at trial. It is also essential for the plaintiff to file a timely claim against the defendant that complies with the Florida statute of limitations.
Bringing a Claim Based on a Spinal Cord Injury
Spinal cord injuries are among the most severe potential consequences of an accident. Trauma may occur anywhere along the spine, from the high cervical nerves at C1-C4 down to the sacral nerves at S1-S5. The consequences of an accident that damages the spinal cord depend in part on the location of the injury. An impact to the lowest part of the spine is less likely to cause a catastrophic injury, such as paralysis, than an impact to the upper portions of the spinal cord. A spinal cord injury may lead to a loss of function in the hips or legs or even result in quadriplegia.
Most spinal cord injuries result in a need for lifelong medical care. Some patients may only need to visit a doctor occasionally, but many require around-the-clock care in a fully staffed medical facility. This may result in substantial medical bills that an accident victim and their family may struggle to pay unless compensation may be secured through a claim against the party whose reckless or careless conduct caused the harm.
Under Florida’s pure comparative fault law, the plaintiff may recover the percentage of their damages that is directly attributable to the defendant, even if the plaintiff’s own carelessness contributed to the accident. This is true even if the plaintiff shared an equal amount of fault for the accident. However, it will be important to prove that the injuries would not have occurred if the defendant had used the appropriate level of care in the situation. This causation element often requires testimony from experts and other witnesses.