When are quadriplegic injuries eligible for lawsuit claims?
Each year around 250,000 to 300,000 people end up sustaining some kind of spinal cord injury. Spinal cord injuries are critical and traumatic; nearly 50% of the spinal cord injuries end up in quadriplegia.
If you or your family member has become a quadriplegic because of these injuries, depending on the circumstances of sustaining the spinal injuries you can file a lawsuit and receive compensation.
You can contact us at Khashan Law Firm today and consult our experienced lawyers who specialize in handling quadriplegic injured victim’s cases.
What is a Quadriplegic Injury?
When there is an injury to the spinal cord which affects some parts of the brain, resulting in full or partial paralysis, it is known as a Quadriplegic injury. Other than the loss of mobility, patients of quadriplegia could also suffer from:
- Loss of bladder and bowel control
- Body sores
- Loss of sensation in some parts
- Muscle spasms
- Extreme pain
- Respiratory problems in some cases
People with quadriplegic injuries are traumatized by the sudden loss of their limbs or being unable to do normal physical activities. They end up suffering from mental trauma and emotional distress.
If the spinal cord injuries sustained are caused because of negligence or wrongful actions of another party, you can contact us at Khashan Law to learn more about your rights and to file a lawsuit against the at-fault party/parties.
When can you file a lawsuit for quadriplegic injuries?
As per the law, a person who has suffered from spinal cord injuries resulting in quadriplegia can file a lawsuit when it can be proved that another person or party’s negligence was the reason or contributing factor to the cause of injuries.
A victim can file a lawsuit if the cause of their spinal cord injury is unsafe practices, carelessness, or negligence of someone else.
Employers or colleagues, medical workers, sports leagues, government agencies etc. can all be potentially sued for damages if they are responsible for the accident or incident which caused quadriplegia.
Negligence covers four chief elements: duty to provide care, violation of the duty, source of injury and harm. To prove negligence by a party and claim compensation, one has to prove:
- A person or party had a duty to provide you care
- A person or party violated their duty to provide you with the care promised
- A person or party’s action caused the accident which resulted in the injuries.
- The victim suffered injuries in an accident which occurred because a person or party violated their duties.
To file a lawsuit against the parties at fault, the above-mentioned elements of negligence need to be present in the victim’s quadriplegic injury claim. To sue the guilty parties and recover your due compensation, contact an experienced quadriplegic injury lawyer to begin your legal process.
What expenses can be covered under Quadriplegic injuries compensation?
A victim can file a lawsuit for compensation for their quadriplegia injuries. The categories of compensation available under the quadriplegic injuries lawsuit are medical care, lost income, pain and suffering. The victim can also receive compensation for future medical care and lost income.
Claimants filing on behalf of their family members who have suffered severe quadriplegia injuries can also receive compensation for the loss of consortium.
There are many expenses which are suffered by the victim and the family due to the spinal injuries, some of the expenses for which they can ask compensation are:
- Expenses related to surgeries and other medical care like physiotherapy, psychiatry counselling, neurology, orthopaedic treatments, gastroenterology, rehabilitation etc. Some of these expenses have to be borne by the victim for their whole life.
- Nurse or Homecare expenses
- Cost of medicines and tests
- The cost involved in making required changes to the house to accommodate the wheelchair and other gadgets or equipment for disability requirements.
- Cost of buying wheelchairs, installing ramps and guardrails, getting special beds and mattresses and investing in the voice-controlled communication system for doors or gadgets in the house etc.
What is the statute of limitations pertaining to Quadriplegic injuries lawsuit?
If a victim is left quadriplegic after suffering from spinal cord injuries in a personal injury accident, they have a right to file a lawsuit and claim compensation. However, the claim is subject to a statute of limitations.
A statute of limitations is the deadline which determines the time period in which the lawsuit has to be filed to make it valid.
Generally, personal injury claims are subject to a two-year statute of limitations. It means the victims or their families have a period of two years to file their claim. If the claim is not filed within two years they may lose the right to sue.
Under some exceptional conditions, additional time can be allowed under the statute of limitations to file the claim.
Selecting the right lawyer to represent you
If you are planning to pursue a quadriplegia lawsuit, it is very important that you hire the services of an experienced personal injury law firm. With their experience, they are aware of the legal system and how it works. They will give you the best legal advice and ensure that all your options of recovery are covered, getting you the best compensation possible.
We at Khashan Law Firm have over 20 years of experience in handling settlement cases for quadriplegia injuries and losses. We can help in negotiating out-of-court settlements and also fighting in court battles to claim damages. We have a strong network of professionals from fields of medicine, insurance, investigation etc. which help us to build a substantial case for claiming damages against negligence. Contact us for a free, confidential consultation at (951) 461-2387.