The health complications that could come with a spinal cord injury are often traumatic. Dealing with these ramifications can be a physical, emotional, and financial strain. Fortunately, a dedicated catastrophic injury attorney could help relieve the financial strain that follows a spinal cord injury by pursuing civil litigation against the party at fault.
If you or your loved one’s spinal injury occurred as a result of another person’s negligence, you have the right to seek compensation. An Elyria spinal cord injury lawyer could review your case and advise you of your legal rights moving forward.
Damage to any part of the spinal cord – from the base of the skull to the back of the hips – could leave a person with permanent injuries, including paralysis. The area of the injury can affect how much of the body is impacted. For example, damage to the spinal cord in the lower back might only affect the lower extremities, while a neck injury could cause issues throughout the body.
There are two general categories these injuries fall into. They are known as complete and incomplete spinal cord injuries. A complete spinal cord injury is one that involves the complete severing of the cord. These injuries are permanent and lead to the loss of feeling or motor control in the parts of the body below the injury.
Incomplete spinal injuries involve partial tears or damage to the cord. The symptoms of the injury impact only part of the body. While often permanent, they can sometimes occur only intermittently. No matter the type of injury, an Elyria spinal cord damage attorney could help the injured party make the best decision for their situation.
Determining liability in a spinal cord injury claim could be complicated. In some situations, a person suffering from a spinal injury may have played a role in the accident. For example, a driver injured in a vehicle collision could be held partially at fault if they were speeding.
State law does not prevent a plaintiff from pursuing a spinal cord injury claim when they bear some responsibility for the accident. Their right to recover compensation will hinge on their degree of fault.
The right to pursue compensation in this situation is governed by Ohio Revised Code Section 2315.33. This means that any spinal cord injury victim could recover compensation for damages as long as they are 50 percent or less at fault for an accident. If the courts determine the injured party is more than 50 percent liable for the accident, then they may be ineligible to recover compensation.
This statute will also impact a plaintiff’s damages award. State law requires a jury to reduce the amount of compensation awarded to the plaintiff by their degree of fault. A knowledgeable spinal cord injury lawyer in Elyria could help argue against claims of shared liability to help the injured party recover more compensation for damages.
If you are unsure of how to proceed following a spinal cord injury, know that you do not have to take on this challenge alone. With the right legal guidance from Tittle & Perlmuter, you could obtain financial recovery for your past and future medical costs, and any other associated losses.
An Elyria spinal cord injury lawyer could help you investigate your claim, file a lawsuit, and negotiate with the defendant’s legal team. With our help, you may be able to recover compensation for a wide range of damages. Reach out to schedule a consultation today.