Defined as losing the full use of at least one limb, the consequences of paralysis are often devastating. When someone else’s negligence contributes to an accident that results in paralysis, the victim and their family could claim monetary damages from the negligent party.
The costs of supporting someone with a paralytic injury can be substantial, so it makes sense to get advice from a knowledgeable injury attorney when deciding how best to proceed. A Philadelphia paralysis injury lawyer could analyze your case and help you determine your best options for a financially secure future.
What Accidents Cause People to Become Paralyzed?
Paralysis can occur when the head, neck, or back suffer trauma, often as the result of an accident. The most common accidents that result in paralyzing injuries are motor vehicle collisions, worksite accidents, sports injuries, and assaults.
Medical malpractice is also a contributor to paralytic injuries. Mishandling or misdiagnosing a patient with stroke or multiple sclerosis might lead to paralysis, and certain birth injuries can also result in paralysis. Additionally, misconduct while treating a spinal cord injury could exacerbate the degree of paralysis the victim experiences.
A knowledgeable local lawyer could consider all the factors that might have contributed to a person’s paralysis. A hardworking attorney could discover potentially negligent parties and determine whether an action for damages might be successful.
Establishing Fault for a Paralyzing Injury
When a person with paralysis seeks damages, they must prove that someone else’s negligence contributed to their injury. To show negligence, the injured party must demonstrate that another person failed to meet an obligation to the plaintiff and that the failure led to the injury. In any given case, an Philadelphia attorney might identify several potentially negligent parties who failed to uphold a duty of care to the paralyzed plaintiff.
The specifics of proving negligence in a particular case vary a bit depending on the circumstances. Proving negligent medical care differs from proving negligent manufacturing and from proving negligent supervision. Regardless of the underlying circumstances, a successful plaintiff must show that someone else failed to act with reasonable care and the plaintiff became paralyzed because of it.
However, sometimes a claimant contributes to the accident that causes them to become paralyzed. Fortunately, being partially responsible for their own injuries does not necessarily bar them from recovery.
42 Pennsylvania Consolidated Statutes §7102 requires a judge to allocate blame between all the parties to the case. Any plaintiff who is less than 51 percent liable for their injuries can claim damages from the negligent party. However, the judge will reduce the plaintiff’s damages by a percentage equal to their degree of fault.
Call a Philadelphia Paralysis Injury Attorney Today
Paralytic injuries create substantial expenses for the injured person and their families, including lost wages, medical care, rehabilitation services, assistive devices, and costs of adapting living spaces and vehicles. All these expenses and more can be recouped through an award of damages.
If you now live with paralysis because of the careless or reckless actions of another, you could benefit greatly from speaking with a legal professional as soon as possible. Contact a Philadelphia paralysis injury lawyer for a no-obligation case review today.