Spinal Cord Injuries
If you or someone close to you has sustained spinal cord damage in a preventable accident, you may need to pursue a claim for compensation. The dedicated injury attorneys at Miller Legal Services can guide people in Marietta and the surrounding area through this process. We can assess the facts of your case and help you explore your options. Spinal cord injuries can permanently affect the day-to-day quality of your life, and you should assert your rights against the party that has harmed you.Bringing a Negligence Claim Following Damage to the Spinal Cord
According to the National Spinal Cord Injury Statistical Center (NSCISC), there are 12,500 new cases of spinal cord injuries annually in the United States. This figure does not include victims who suffer a tragic death as a result of a blow to this area, which happens all too often. Some spinal cord injuries are minor, from which the affected person can recover completely, while others cause partial paralysis (paraplegia) or even complete paralysis (quadriplegia). Spinal cord injuries can happen in a variety of ways, but two of the most common causes are motor vehicle collisions and slip and falls.
If you have suffered damage to your spinal cord due to someone else’s carelessness, you may be able to pursue damages through a negligence claim. Negligence is broadly defined as the failure to exercise reasonable care in one’s actions or omissions. In most situations, reasonable care is how a prudent person would act in the same or similar circumstances. In order to prevail on a negligence claim, the plaintiff must show four main elements: duty, breach, causation, and damages.
First, therefore, the victim must demonstrate that the defendant owed him or her a duty of care. Second, the victim must establish that the defendant violated this duty of care by failing to act as a reasonable person would in the same situation. For example, a driver might breach the duty of care by failing to yield to a pedestrian at a crosswalk. Or a restaurant might breach the duty of care by failing to warn patrons of a wet floor.
Once the first two elements have been shown, the victim must demonstrate that the injury suffered was a direct result of the defendant’s breach. Lastly, the plaintiff must have suffered quantifiable damages because of the accident.
Depending on the nature and extent of the spinal cord injury, a victim may be able to recover compensation for medical expenses, rehabilitation costs, lost wages and benefits, reduced earnings capacity, pain and suffering, property damage, and emotional distress, among other forms of damages. As these examples show, compensation can potentially account for both objective (economic) and subjective (non-economic) forms of costs and losses.Enlist a Marietta Attorney to Seek Compensation for Your Injuries
With years of experience behind us, our Marietta lawyers have assisted victims of car accidents as well as slip and falls and other harmful incidents with compassion and tenacity. At Miller Legal Services, we believe in holding an at-fault party responsible for careless actions and asserting the rights of victims to compensation. We have represented injured individuals from many Georgia communities, such as Roswell and Smyrna. To set up a free consultation, you can call us at 770-284-3727 or contact us online.