Spinal cord injuries may occur in an instant and devastate a person’s life permanently. In addition, the medical attention and rehabilitation needs of a person who experienced a spine injury could be extremely costly. If you suffered a severe spinal cord injury and received unexpected medical bills, property damage or other setbacks, contact an Oak Lawn spinal cord injury lawyer.
A reliable injury attorney could evaluate your case and the factors that may have contributed to your accident. If another party acted negligently, an injured person could potentially file a claim to hold them accountable and possibly pursue compensation to address financial concerns.
Determining Legal Liability in Spinal Cord Injury Lawsuits
Identifying who might be legally responsible for an accident that damages the spinal cord could be complicated, but the assignment of fault usually rests on whether someone was careless or reckless. In most cases, determining this often involves proving that a duty of care existed between the defendant and the plaintiff that was subsequently breached, and that breach directly led to the plaintiff’s compensable physical injuries.
In spinal cord injury cases, if one person is deemed less careful than another, the less careful individual may be required to pay for at least a portion of the damages suffered by the claimant. If the injured person was also careless, their final damage award may be reduced by a percentage equal to the amount of fault they themselves bore for their injuries.
Defendant’s Negligence
In certain cases, the defendant may argue that the plaintiff’s own negligence contributed to the accident more than their own. According to 735 ILCS 5/2-1116, if the plaintiff is deemed 51 percent or more at fault for their own injuries, they may be barred from recovery.
Furthermore, if the injury in question occurred during a dangerous activity such as skiing or waterskiing, the defendant may raise an “assumption of risk” defense, arguing that the injured person may have willingly chosen to participate in an activity that could cause harm. A seasoned Oak Lawn spinal cord injury lawyer could help refute such an assertion, as well as any others that may decrease a plaintiff’s recoverable damages.
Common Damages in Spinal Cord Injury Cases
The general purpose of a monetary award in a spinal cord injury case is often to compensate an injured person for the losses caused by the accident and accompanying injuries they suffered. To the extent that financial recovery can do so, payment is typically designed to restore the injured person to their pre-accident condition.
In spinal cord injury cases, damages may include compensation for incurred medical expenses and pain and suffering. Moreover, because a spinal cord injury could have permanent and life-altering effects, a damages award may also include compensation for long-term costs such as rehabilitation, ongoing health care, medical assistive devices, and access modifications to an injured person’s home.
Speaking with an Oak Lawn Spinal Cord Injury Attorney
Dealing with the aftermath of a spinal cord injury may be stressful, traumatic, and time-consuming. In the interest of lessening any additional suffering, it may be wise to take legal action to alleviate some of the financial burden that this accident may bring in the future or has already brought upon you and your family.
Because every case can bring its own challenges, it is advisable to reach out to a trusted Oak Lawn spinal cord injury lawyer who could assess the grounds of your specific situation and protect your legal rights. Arrange for an appointment to begin discussing the legal aspects of your case.