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Most of us are lucky to go through life without paying attention to the continuous flow of messages between the brain and the body — unless we or someone we love suffers a spinal cord injury.
This continous flow of messages between the brain and the body is conducted via the spinal cord to a nerve center within the spinal column.
What is a Spinal Cord Injury?
The two-way message flow contains the sensory information and instructions that control all bodily functions, including:
- Control muscular
- Breathing
- Blood pressure and blood flow
- Bladder and bowel movements
- Sweat
- Digestion
- Sexual function
When the spinal cord or back is injured, it can, in essence, stop the communication system of the parts of the body interconnected to the site of the injury. It can also further result in some abnormal muscle behavior, activities, and sensations above the point of damage, such as neuropathic pain, spasmodic movements, and risky overactivity for the life of the Autonomic Nervous System.
Spine injuries can be devastating. Curing such injuries require a lot of time and rehabilitation. Those that can not be cured alter the life forever, or even shorten it. Your ability to recover, and the degree to which you can improve, depends very much on your access to the best possible treatment for your immediate and long-term care. You may see continued improvement in the improvements over several years.
About 70% of all back and spine injuries occur due to auto, motorcycle and other motor vehicle accidents. Victims of these accidents often suffer traumatic brain injuries as well.
Other common causes include:
- Sports injuries
- Slips and falls
- Assaults and fights
- Auto Accident
- Car Accident
- Construction accident
- Motorcycle Accident
In several of these incidents and accidents, the injuries were caused because someone else did not act responsibly.
A spinal cord injuries like paraplegia (https://www.ncbi.nlm.nih.gov/labs/journals/paraplegia/) can be tragic for a victim and his family. The physical, financial and emotional impact can be devastating. A wound of this proportion completely changes the quality of life of the victim and usually involves expensive medical treatment and an incredible amount of personal support. Many times, the victim may not be able to recover. They may face partial or complete paralysis, and they will not be able to return to being able to perform normal activities anymore. Victims of spinal cord injuries often cannot continue working and have incredible medical bills that they must pay to maintain a healthy lifestyle.
These medical expenses are a battle that never ends. They continue to pile up faster than they can be paid. The Mayo Clinic estimates that there are more than 10,000 new cases of spine injuries each year.
How does the law describe a spinal cord injury?
Cases of spinal cord injuries can be quite complicated and need persistent attention. A court of law will typically categorize a spinal cord injury as complete or incomplete. Both are usually catastrophic injuries that can cause loss of mobility, permanent disability, and chronic pain. It is not unusual for a victim of personal injury to require therapy to cope with the sudden loss of independence and changes in the dynamics of the family.
In a court of law, a complete spinal injury is described as a separate spinal cord that results in some paralysis in cases of quadriplegia (https://www.ncbi.nlm.nih.gov/pubmed/8274393). If the spinal cord is cut or suffers a concussion, but it is not entirely separated, then the wound is considered incomplete. Incomplete spinal cord injuries can result in loss of mobility in one or more limbs, but not in complete paralysis. The financial compensation granted in these cases is primarily to ease the financial burden associated with medical expenses since no amount of money can alleviate the pain associated with this type of loss.
What causes spinal cord injuries?
While spinal injuries are tragic, many different actions contribute to the cause of these injuries. According to the investigation carried out by the Mayo Clinic, vehicle accidents are the direct cause of almost half of the new reports of spinal cord injuries per year. Birth injuries and other medical errors are also a significant contributor to the number of spinal cord injuries considered each year. Additionally, they can also be caused by, or be contributed to, bicycle and motorcycle accidents, sports injuries, or injuries from trips and falls.
Who can file a claim ?
Anyone who has suffered a spinal cord or back injury unnecessarily and as a result of negligence on the part of someone else can make a claim for spinal cord injury. If the victim is a minor child, then the parent or guardian can file the claim on their behalf.
How long do I have to file a claim for spine injury?
A claim for spinal injuries is considered a personal injury claim in a court of law. The NYS imposes a statute of limitation of three years in claims for personal injuries. They understand that not all injuries are immediately apparent, so the three-year statute starts from the very date of the accident or from the date on which the spinal injury should have been reasonably discovered. The only exception to this rule is when the victim is a minor. The parent or legal guardian can register the claim in the child’s name. However, in some cases, the child will be granted three years after turning eighteen to express the request. Circumstances involving minors and the statute of limitations can be very complicated.
What type of damages can be rewarded in a case of spinal injury?
Please consider that each case is different and is treated individually. The types and amounts of compensation awarded depends on many factors, including the severity of the injuries and the facts involved in the case. Whether the responsible party is a private citizen or a professional doing their duty, such as a doctor, they will also dictate how the matter is resolved.
However, some of the most common damages rewarded in these types of cases include:
- Medical expenses (past and future)
- Physical and occupational therapy
- Mental health, such as therapy
- Mobility services
- Lost Wages
- Loss of earning capacity
- Disfigurement
- Physical disability
- Pain and suffering
- Psychological suffering
Other types of damage can be reserved for cases where the responsible party acted in an unusually casual manner.
How long does a spinal cord injury claim take?
Cases of spinal cord injury are usually very complex and tend to take longer than other types of cases. Since these types of cases involve large amounts of money, people do not always want to accept responsibility. An experienced attorney will use demonstration support and expert testimony to help the jury understand before a verdict is reached. There are times where a reasonable and fair amount of monetary compensation can be reached through pre-trial negotiations. In those cases, the time it takes to resolve the case is significantly reduced.
The experienced and highly specialized attorneys at The Law Offices of Back & Spinal Injury Law Firm NYC. If you have suffered a spinal injuries in an accident caused by negligence or intentional noncompliance by another person, contact your injury lawyer new york immediately.
Benefits of Hiring Spinal Cord Injury Lawyer
Earn compensation to ensure your future
Your ability to get best long-term treatment depends, to some extent, on your ability to pay for it. Offers from insurance companies are often extremely inadequate to cover their long-term rehabilitation care, in addition to lost wages.
That is why many victims turn to personal injury lawyers for help. If your spinal injury resulted even in part by the negligence of another, you could hold him responsible.
A personal injury lawyer experienced in processing cases of spine injury understands the medical and rehabilitation complexities involved. He or she will surely evaluate your case and work closely with your medical team to make sure you get all the financial resources you need.
If you or a loved one has suffered a back or spine injury, you should speak with an NY accident attorney as soon as possible, because rehabilitation care should begin immediately. Also, you only have a limited amount of time to seek fair compensation before the statute of limitations expires. In most cases, our injury lawyers will not charge for your services unless they reach an agreement or process your case successfully.
Spinal Cord Injury Lawsuits & FAQ
Any loved one or have you had spinal cord injuries due to a traumatic accident?
At the Law Office of back injury lawyers, we understand the pain, suffering and financial stress that comes after an accident and its recovery. Even if you are not sure if you have the right to take your case to the court of law, it is imperative that you contact the personal injury lawyers!
Accident Lawyers & Lawsuits
After experiencing a catastrophic event, everything seems overwhelming. This is where our team comes to the aid! It is your right to seek the best legal consultation after any accident, especially a devastating one that has left you or a loved one with a spinal cord injury (SCI).
An injury to the spinal cord is usually caused when a force of a sudden shock hits the vertebrae that can then impact the entire nervous system. After assessing the damage, you can think and now what do I have to do and if you can have a case or not. The best thing is to schedule a free consultation with no obligation to know what to do.
Learn more about the different accidents that can lead to a Spine Injury and its compensation. We have several cases where our clients receive more than one million dollars in a claim for spinal cord and neck injuries.
WeWill Fight For Your Fair Compensation
You are not alone in this fight. Our company has a long history of taking difficult cases and winning them. Depending on the severity of the spinal cord injuries, we can go after the insurer of the responsible party. This usually means high compensation and a better chance that you will be paid.
Your attorney know that money will not disappear the damages that you or your loved one will have to deal with for the rest of your life; however, we will fight for justice to help you alleviate some of your pain. Furthermore, we will demand the most significant amount in the settlement to cover the medical expenses present and those that come to come.
Learn more about our significantly won cases.
Do not Give Up, Have Hope
Each case is unique and deeply personal, which is why our company’s mission is to offer our New York clients the individualized treatment they need. We are available 24/7 to provide immediate assistance and constant communication to any of our clients. Your attorney will work closely with you and through the entire process — we will even visit you in the hospital if you have difficulty leaving.
Spinal Cord Injury Resources
- Spinal Cord Injury Information Page
- Spinal Injury — MedlinePlus Medical Encyclopedia
- Accident Law Firm & Personal Injury Lawsuits
- Paralysis | Hemiplegia | MedlinePlus
- Lawyer Web Design Services
- New York State Department of Health (NYSDOH) Spinal Cord Injury Research Board (SCIRB)Address: 90 Church St, New York, NY 10007, USA
Phone: +1 212–417–4200
Website: health.ny.gov
Spinal Cord Injury Articles and Facts
- Suprapubic Catheterisation With Urethral Closure (The Feneley Procedure) in Spinal Cord Injured Men
- Changes in the P300 Component of the Tactile Event-Related Potential Following Spinal Cord Injury
- ‘Spinal Chord’
- Assessment of Muscle Electrical Activity in Spinal Cord Injury Subjects During Quiet Standing
- Effects of Functional Electrical Stimulation on the Joints of Adolescents With Spinal Cord Injury