San Jose Spinal Cord Injury Lawyer

Common Causes of Spinal Cord Injuries

A spinal cord injury can happen to anyone at virtually any time in a variety of situations.

We have represented victims of spinal cord injuries who suffered injuries in many settings and situations, including:

• Auto accidents
• Bicycle accidents
• Motorcycle accidents
• Truck accidents
• Construction site accidents
• Premises liability – safety hazards at establishments leading to slip-and-fall accidents or injuries from products falling from shelves

Do I Have a Spinal Cord Injury Case?

Negligence is a key concept in personal injury law and forms the basis for many personal injury claims, including those related to spinal cord injuries. When someone is injured due to another party’s negligence, they may be entitled to compensation for their damages.

To establish a successful claim for negligence, you must prove:

1. Duty of Care: The first element of negligence involves establishing that the defendant owed the plaintiff a duty of care. Duty of care refers to the legal obligation to act reasonably and avoid causing harm to others. In a personal injury case, it must be shown that the defendant had a duty to exercise reasonable care toward the plaintiff.
2. Breach of Duty: The second element requires demonstrating that the defendant breached their duty of care. This means proving that the defendant’s actions or omissions fell short of the standard of care expected in similar circumstances. It is essentially showing that the defendant acted negligently or recklessly.
3. Causation: To succeed in a negligence claim, it must be established that the defendant’s breach of duty was the proximate cause of the plaintiff’s injuries. This involves demonstrating that there is a direct link between the defendant’s actions and the harm suffered by the plaintiff. In other words, the injuries would not have occurred “but for” the defendant’s negligence.
4. Damages: Finally, the fourth element of negligence requires proving that the plaintiff suffered actual damages as a result of the defendant’s breach of duty. These damages can include medical expenses, pain and suffering, lost wages, rehabilitation costs, and other losses incurred due to the injury.

Individuals who have suffered spinal cord injuries due to someone else’s negligence can seek legal recourse and recover damages.

Types of Spinal Cord Injuries

Spinal cord injuries (SCIs) can vary in severity, and the type of injury and its long-term effects can significantly impact medical treatment, recovery, and associated costs.

There are two main types of spinal cord injuries:

• Complete SCI: In a complete SCI, the spinal cord is fully severed, leading to the loss of all sensory and motor function below the level of the injury. This type of injury typically results in permanent paralysis and significant long-term medical needs.
• Incomplete SCI: In an incomplete SCI, some level of sensory or motor function below the injury site is retained. The extent of function that remains can vary widely, and the potential for recovery may be greater compared to complete SCIs. However, the degree of recovery can be unpredictable and may still result in long-term medical needs.

Spinal Cord Injuries May Require Extensive, Long-Term, and Costly Medical Treatment

The long-term medical treatment and recovery for spinal cord injuries can be extensive, depending on factors such as the type, level, and severity of the injury, as well as the individual’s overall health and access to medical care.

The cost of medical treatment and recovery can be substantial, often running into millions of dollars over a lifetime, depending on the severity of the injury and the level of care required.

Some common aspects of long-term treatment and recovery for spinal cord injuries include:

• Medical Care: Ongoing medical care is essential and may include surgical procedures, medications, and regular check-ups with specialists. This can last for a lifetime.
• Rehabilitation: Spinal cord injury patients often require extensive rehabilitation, including physical therapy, occupational therapy, and sometimes speech therapy, to regain or maximize their functional abilities.
• Mobility Aids: Many individuals with SCIs require mobility aids such as wheelchairs, walkers, or assistive devices to help with daily activities and maintain independence.
• Home Modifications: Depending on the level of injury and mobility limitations, home modifications may be necessary to improve accessibility and safety.
• Assistive Technologies: Some patients may benefit from assistive technologies, such as computer systems controlled by voice or eye movements, to enhance communication and independence.
• Psychological Support: The emotional and psychological impact of a spinal cord injury can be significant. Patients may require ongoing counseling or therapy to address issues such as depression, anxiety, and adjustment to life with a disability.
• Adaptive Equipment: Specialized equipment and devices, including catheters, pressure-relief mattresses, and adaptive utensils, may be needed to address specific needs and complications related to the injury.

What Compensation is Available to Spinal Cord Injury Victims?

Spinal cord injury victims in a personal injury claim may be entitled to various types of damages to compensate them for their losses and expenses through a personal injury claim.

Common types of damages that may be available include:

• Medical Expenses: These damages cover the costs of past and future medical treatments, including hospitalization, surgeries, medications, rehabilitation, physical therapy, and assistive devices like wheelchairs and mobility aids.
• Lost Income: Spinal cord injury victims may be eligible for compensation for the income they have lost due to the injury, including wages, income, bonuses, and benefits. Future earning capacity may also be considered if the injury results in a permanent disability preventing the victim from returning to their previous occupation.
• Pain and Suffering: Non-economic damages, such as pain and suffering, aim to compensate the victim for physical pain, emotional distress, and the overall decrease in the quality of life caused by the injury. These damages can be challenging to quantify but are an essential component of many personal injury claims.
• Disability and Disfigurement: Compensation may be available for the permanent disability and disfigurement caused by the spinal cord injury. This includes compensation for the loss of enjoyment of life and the impact on the victim’s appearance or ability to perform daily activities.
• Property Damage: If the spinal cord injury resulted from a motor vehicle accident or another incident involving property damage (e.g., a fall on someone else’s premises), the victim may be entitled to compensation for property damage, such as damage to a vehicle or personal belongings.
• Home Modifications and Assistive Devices: Victims may recover damages for costs associated with modifying their homes to accommodate their disability, as well as expenses related to purchasing assistive devices and adaptive equipment.
• Caregiver and Home Health Services: Spinal cord injury victims may require ongoing assistance with daily living activities. Damages can cover the costs of hiring caregivers or home health aides to provide necessary care and support.
• Rehabilitation and Therapy Costs: Compensation may be available for the expenses associated with rehabilitation, physical therapy, occupational therapy, and any other forms of therapy aimed at improving the victim’s function and quality of life.

Consult an experienced personal injury attorney to assess your specific situation and determine the potential damages available in your spinal cord injury case. They can pursue a fair and just compensation package that covers your past and future needs and losses.

How Can a Lawyer Help with My Spinal Cord Injury Case?

A lawyer from Alexander Law Group LLP can provide invaluable assistance with your spinal cord injury claim by offering comprehensive legal support throughout the entire process. Here’s how they can help:

Initial Consultation

Your attorney will offer a free initial consultation to evaluate the merits of your case. During this consultation, they will listen to your story, assess the facts and circumstances surrounding your spinal cord injury, and provide an initial legal analysis.

Legal Investigation

Your lawyer will conduct a thorough investigation into the cause of your spinal cord injury. This may involve collecting evidence, speaking with witnesses, reviewing medical records, and collaborating with experts to establish liability and build a strong case.

Determining Liability

If your injury was the result of another party’s negligence, your attorney will work to establish liability and identify the responsible parties. This could include individuals, companies, or institutions that contributed to your injury.

Valuing Damages

Your lawyer will help you assess the full extent of your damages, including medical expenses, lost income, pain and suffering, rehabilitation costs, and any other losses you’ve incurred due to the injury. They will work with experts, if necessary, to accurately determine the value of your claim.

Negotiating with Insurance Companies

Many personal injury claims involve negotiations with insurance companies. Your attorney will handle communications and negotiations with insurance adjusters to secure a fair and just settlement on your behalf.

Filing Legal Documents

Your lawyer will handle all the necessary paperwork and filings, ensuring that deadlines are met and all documents are correctly submitted to the court if a lawsuit is necessary.

Building a Strong Case

Your attorney will use their legal knowledge and experience to build a strong and persuasive case on your behalf. This includes preparing legal arguments, gathering evidence, and engaging in pre-trial preparations.

Representing You in Court

If a settlement cannot be reached, your attorney will represent you in court during the trial phase of your case. They will present your case to a judge and jury, argue on your behalf, and advocate for your rights and interests.

Negotiating Settlements

In many cases, a fair settlement can be reached without going to trial. Your lawyer will negotiate diligently to secure a settlement that adequately compensates you for your injuries and losses.

Providing Support and Guidance

Throughout the process, your attorney will offer you support, guidance, and legal advice. They will keep you informed about the progress of your case and help you make informed decisions at every step.

Maximizing Compensation

Your attorney’s primary goal is to maximize the compensation you receive for your spinal cord injury. They will work tirelessly to ensure that you are adequately compensated for your current and future needs.

Compassion and Advocacy

A skilled attorney from Alexander Law Group LLP will provide compassionate and zealous advocacy on your behalf, understanding the physical, emotional, and financial toll that a spinal cord injury can take on your life.

Contact the San Jose Spinal Cord Injury Lawyers at Alexander Law Group LLP Today

The dedicated team of spinal cord injury attorneys at Alexander Law Group LLP has a proven track record of helping spinal cord injury victims in San Jose and beyond. We understand the physical, emotional, and financial toll that such injuries can take on your life, and we are committed to fighting for your rights and well-being.

If you or a loved one suffered a spinal cord injury due to someone else’s negligence, it’s crucial to take action today. Don’t wait another moment to explore your legal options and pursue the compensation that can make a difference in your recovery and future.

Contact us today at 408noswap-289-1776 or through our online form for a free, no-obligation consultation. Our experienced San Jose personal injury attorneys are ready to listen, advise, and advocate on your behalf, so you can focus on your recovery while we handle the legal complexities.

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