Injuries that result in paralysis are among the most severe that one can endure. Even partial, temporary paralysis of a single body part can impact a person’s lifestyle. If they become permanently paralyzed, their life will be changed forever.
Someone who has suffered paralytic injuries because of another person’s negligence could seek compensation from the negligent party with the help of an experienced catastrophic injury attorney. Whether the negligence involved medical malpractice, a vehicle crash, or some other mishap, a diligent Sandusky paralysis injury lawyer could support you through the ordeal and help you fight for fair compensation due to your loss.
Establishing Negligence If Paralysis Results From Accident
If an accident led to the injuries that caused paralysis, the injured person (plaintiff) must prove that someone else’s negligence contributed to the accident. In order to prove negligence, the injured person’s lawyer must demonstrate that the defendant had a duty of care to others that they failed to uphold, and that the plaintiff suffered an injury as a result, leading to losses. For example, if someone received a paralyzing injury after diving into a swimming pool, the owner of the pool might be liable for not providing proper warning that it was too shallow for diving.
Identifying whose negligence caused an accident can be complicated if there are several parties involved and it varies from case to case. An experienced paralysis injury attorney in the area could investigate a particular accident and determine which parties may have breached a duty, and are therefore liable for damages.
Proving Medical Malpractice Caused Paralysis
Tragically, paralysis can be the result of human error by a medical professional. Surgical errors near the head, neck, or spine can produce paralysis. They can also result from a failure to diagnose certain tumors, spinal conditions, or diseases such as meningitis. Paralysis might also be caused by delayed treatment of a stroke or aneurysm.
Medical malpractice lawsuits require significant investments of time and expertise. A plaintiff cannot bring a medical malpractice lawsuit in Ohio without an “Affidavit of Merit,” which is a written statement by a medical expert stating that the medical care the plaintiff received was not in keeping with the standard of care.
If this affidavit is not filed with the lawsuit, then the case will be dismissed.
A seasoned lawyer in the area could consult with experts to determine whether a plaintiff’s paralysis was likely the result of a medical professional failing to meet the appropriate standard
of care. If medical error can be shown, the attorney could negotiate a fair settlement with the medical malpractice insurer or file a lawsuit.
Plaintiff’s Negligence Affects Damage Award
An accident may not be the fault of just one person, as negligent behavior may exist among several parties. If the person who suffered paralysis was negligent, either in contributing to the accident or in failing to comply with medical advice, that might lead to a smaller award of damages.
Ohio Revised Code §2315.33 holds each party in a lawsuit responsible for their own actions. A judge will look at all the facts of the case and apportion fault among the parties. If a plaintiff’s share of the blame is 50 percent or less, they can collect damages. However, a judge will reduce a plaintiff’s damages award by an amount that equals the plaintiff’s proportional share of the blame.
An aggressive Sandusky lawyer could fight to ensure that a person who suffered paralysis is not assigned an unfair amount of responsibility for their accident.
Contact a Sandusky Paralysis Injury Attorney to Pursue Your Case
It takes a long time for someone to fully adjust to a paralyzing injury. Unfortunately, the law does not give them a lot of time before deciding to file a lawsuit. Plaintiffs have just two years after an accident to bring a lawsuit. If the condition was the result of medical malpractice, a plaintiff must file suit within one year of the injury.
Consulting early with a knowledgeable Sandusky paralysis injury lawyer could make a big difference in your case. It is smart to delegate the responsibility for getting compensation to a legal professional as soon as possible. Contact Tittle & Perlmuter to discuss your case today.
