Spinal cord injuries can be very severe and can change lives forever. The National Spinal Cord Injury Statistical Center published data showing that around 12,000 Americans suffer a spinal cord injury every year. Spinal cord injuries can lead to people experiencing partial or full paralysis, meaning that they may never be able to enjoy life in the same way again. It is, therefore, unsurprising if a victim of a spinal cord injury chooses to try and seek justice for the injury that they have sustained.
If you or someone you know has suffered a spinal cord injury in Fort Myers, FL, you may be entitled to compensation. A personal injury lawyer at The Law Place will be able to guide you through the complexities of the legal system in Florida to fight for your right to compensation. Contact our law firm today for a free consultation if you are thinking of filing a spinal cord injury claim. A personal injury lawyer at The Law Place may be able to give you all the legal advice and help you have been looking for. Call us today at (941) 444-4444.
What Causes a Fort Myers Spinal Cord Injury?
A spinal cord injury can occur for a variety of reasons, and no two spinal cord injuries are the same. The severity of the injuries will impact the amount of compensation a victim could receive. Spinal cord injuries in Fort Myers are commonly caused by the following:
- Car accidents.
- Motorcycle accidents.
- Gun or knife assaults.
- Sporting and athletic accidents.
- Cycling accidents.
- Surgical errors.
- A secondary injury as a result of osteoporosis or cancer.
If you or someone you know has suffered a spinal cord injury through no fault of your own, but instead the fault of someone else’s recklessness and negligence, you should contact a personal injury attorney today. A personal injury lawyer at The Law Place will offer you a free case review to establish whether you have a strong compensation case.
Issues Resulting from a Spinal Cord Injury
When most people think of spinal cord injuries, they immediately think of paralysis. Many victims who suffer a spinal cord injury will experience some form of paralysis. However, there are several other complications that a person can suffer from such an injury. Spinal cord injuries can also result in victims experiencing:
- Poor coordination.
- Uncontrolled shaking.
- Breathing difficulty.
- Loss of feeling.
- Tingling in feet and hands.
We advise that you always seek medical attention if you ever experience new symptoms following your spinal cord injury. These injuries are very complex and require close medical attention. Our lawyers can help you be reimbursed for any medical expenses or medical treatment you have had to face as a result of your injuries. Your health should be your main priority, and our law firm can help you with your recovery.
Determining Liability for Your Spinal Cord Injury
Establishing who is liable for your spinal cord injury in Fort Myers, FL, is not always an easy task. Our law firm advises that you seek the help of a personal injury attorney to investigate your case for you to determine who is at fault. Liability may exist in the following causes of spinal cord injuries:
- Car accident – In Florida, all road users have a duty of care to others, and therefore, they can be found liable if their recklessness caused the injuries of others. Florida Statute 627.7407 outlines Florida as a no-fault state. This essentially means that regardless of who causes the accident, you have to first report your injuries to your insurance company. It is important to get the insurance details of the driver at fault because your Personal Injury Protection (PIP) is unlikely to cover all of the damages you will have to face as a result of your spinal cord injury.
- Falls – Property owners can be held liable if you have fallen on their property and suffered a spinal cord injury. If they were aware of the hazard on their property and failed to make you aware of it, their negligent actions can find them liable.
- Sports – If a child suffers a sports-related injury, the coach or person in charge can be held liable for not taking the proper and sufficient precautions.
How to Win a Fort Myers Spinal Cord Injury Case
For the best chance of winning your spinal cord injury case in Fort Myers, you need to seek the help of a skilled personal injury attorney. An attorney will have to prove the following for you to win your case:
- You were owed a duty of care.
- That duty of care was breached.
- The breach of duty of care resulted in you suffering your spinal cord injury.
- Your injuries caused you lots of damages.
If you have any doubts concerning whether you may be entitled to compensation for your spinal cord injuries, then contact a personal injury attorney at The Law Place as soon as possible. An attorney will offer you a free consultation where they will evaluate the details of your claim.
What Damages Can Be Recovered in a Fort Myers Spinal Cord Injury Case?
Spinal cord injuries in Fort Myers are very costly and usually result in people facing a considerable amount of damages. An attorney at The Law Place will fight to ensure that you can receive the maximum amount of compensation you are entitled to for your spinal cord injury. Our law firm has previously helped our clients who have suffered spinal cord injuries recover compensation for the following:
- Medical expenses – Spinal cord injuries always require medical attention. The cost of past, present, and future medical treatment can be costly, but we can help you get reimbursed for all the medical expenses you will have to face.
- Lost wages – You can recover compensation if your spinal cord injury has meant that you have lost wages at work due to time off and are now unable to work.
- Assistive living and care – If you require frequent at-home medical treatment by care workers or your home now requires alterations to suit your new needs (such as hand railings and wheelchair ramps), our lawyers can help you claim these costs.
- Pain and suffering – This can be difficult to quantify but includes mental and physical suffering following your spinal cord injury, as well as any loss of enjoyment you are experiencing.
- Property damage – If you have suffered your injury in a car accident, we can help you claim for any vehicle repair costs you have had to face.
Comparative Negligence in a Spinal Cord Injury Case
Florida state laws operate under comparative negligence, as outlined under the Florida Statute 768.81. This simply means that regardless of if you are partially to blame for your injury, you may still be entitled to some form of compensation. If your case happened to be taken to court by your attorney in Fort Myers, the court would decide what percentage of the fault is your own. If you were less than 50% at fault for your injury, you could still be able to claim for your damages. Comparative negligence also means that your final settlement will be reduced by how much it is determined that you were at fault for your injury.
For example, if your injury was caused in a car accident by a reckless driver, but you were speeding above the legal limit at the time of the crash, you would be deemed partially at fault for your accident. Therefore, if a court determines that 10% of the fault can be held with you, your final settlement will suffer a reduction of 10%.
The Importance of Acting Quickly
You must act quickly if you have suffered a spinal cord injury in Florida. This is because there is a statute of limitations in place, as outlined in the Florida Statute 95.11. This law states that any person who is planning on filing an injury claim after suffering an accident will only have four years to do so. Unfortunately, if this time elapses and a person hasn’t yet made their claim, their case will likely be permanently barred, and they will not be able to recover any of the compensation that they deserved. If a spinal cord injury results in death, this time is massively reduced. The victim’s family will only have two years to make their claim.
If you or someone you know has recently suffered a spinal cord injury, contact a lawyer at The Law Place today. We can offer you a free consultation with no obligations where one of our lawyers will be able to evaluate your case and answer any questions you may have.
Contact The Law Place Today!
Spinal cord injuries can be incredibly severe, and if you or someone you know have suffered one through no fault of your own, you may be entitled to compensation. At The Law Place, our legal team has a combined experience of over 75 years and is completely dedicated to fighting for justice on behalf of our clients. We understand that no amount of compensation can take away the trauma and pain you have experienced, but we would like to help you try and make right what you have experienced. We will support you in your fight for justice, and we can ease you from unnecessary legal stresses and burdens.
Don’t hesitate to contact our offices today to schedule your free consultation. Our phone lines are available 24 hours a day, seven days a week. Call us at (941) 444-4444.