When victims suffer spinal cord injuries as a result of a car accident, the recovery process is not only painful and costly, but can also lead to permanent changes to their daily lives. Depending on the severity of the injury, as well as a victim’s job or lifestyle, spinal cord damage can impact every aspect of a victim’s life. When another party’s negligence in causing a motor vehicle collision has led to these injuries, victims may take legal action to collect damages. The Miami car accident lawyers at the Law Offices of Robert Dixon offer compassionate and knowledgeable legal representation for victims and families who have suffered spinal cord injuries as a result of a car crash. Our firm assists clients across South Florida, including in Palm Beach, Miami-Dade, and Broward Counties. If you have questions about your legal rights and options following a serious car accident, please contact our office today to schedule a no-obligation consultation regarding your potential claims.
Research from The Mayo Clinic shows that car accidents are among the leading causes of spinal cord injuries in the United States. Reports show that collisions are responsible for forty percent of spinal cord injuries yearly. These injuries can be temporary or cause permanent disability, depending on the type and severity. Whiplash, which is often a result of a rear-end accident, is the most common spinal injury. This occurs when a victim’s head and neck are thrust forward and back in a rapid motion. Whiplash may not be symptomatic until up to a day following an accident. Neck pain, stiffness, headaches, and fatigue are all symptoms of whiplash injuries. When a victim’s vertebra has shifted due to a stress fracture, and then causes pressure on a nerve, spondylolisthesis can result. This condition results in pain and weakness to a victim’s lower extremities. Herniated discs are also common in collisions, which may present as pain, numbness, weakness, or tingling in a victim’s leg or arm.
Fractures of the spine can also occur in a car accident. Compression fractures refer to those affecting a victim’s lumbar or thoracic spine and result in middle or lower back pain that may worsen with movement. When a broken vertebra moves out of place, fractures can lead to spinal cord damage. Aside from severe pain, spinal cord damage may cause numbness, weakness, or tingling in the affected area. Complete spinal cord injuries result in a loss of feeling and function below a certain area. Paralysis of the legs and lower body is known as paraplegia, whereas quadriplegia affects all of a victim’s limbs and torso. If you’ve been involved in a serious car accident, and believe you may have a spinal injury, it is important to wait for medical attention at the scene or seek immediate treatment as soon as possible.
Paralysis in Car Accidents
Paralysis has both a physical and emotional impact on a victim as he or she adjusts to an altered way of life. Paralysis in car accidents often arises from a negligent action on the part of another motorist, company, or other party who has acted recklessly on the road.
Paralysis can result from a variety of situations involved in a collision. Blunt trauma to the spine is one common factor in causing paralysis, whereby a victim is propelled into a stationary object, such as if he or she is ejected from a vehicle. Severed spinal cord nerves, such as those caused by lacerations or internal bleeding may also lead to paralyzing injuries. Crushing injuries, whereby vertebrae are broken and nerves are ruptured due to impact, can also leave a victim paralyzed.
There are also differing kinds of paralysis. Localized paralysis refers to when only one body part is affected, such as a leg or arm, whereas global paralysis occurs when generalized weakness affects a victim’s whole body. Paralysis of the lower spinal cord, leading to a lack of leg function is paraplegia, and loss of function in all limbs is referred to as quadriplegia. Any type of paralysis requires a victim to make changes in their lives, as he or she will often not able to work as before, and will need to adjust other day-to-day activities as well. Some victims paralyzed in a car accident will require full-time assistance, either temporarily or permanently. When these injuries are the result of another’s negligence, the liable party should be held accountable.
Holding Negligent Drivers Accountable for Spinal Injuries
Negligence is the basis for personal injury claims arising out of spinal cord injuries suffered in car accidents. A skilled injury lawyer can help you prove the required elements for this kind of claim. To show a driver, or other party, has been negligent in causing a spinal cord injury, it must be proven that he or she breached their duty to act as a reasonable and prudent person would given the circumstances. For example, a driver who is excessively speeding and hits another vehicle may be seen as acting unreasonably. The negligent action must also be shown to cause a victim’s injury, as well as result in damages. Once negligence is shown, a victim can be awarded compensation in the form of past and future medical costs, loss of income and earning capacity, as well as pain and suffering damages.
Holding Negligent Motorists Liable for Paralysis in Car Accidents
To receive compensation for damages resulting from a paralyzing injury in a car accident, victims must file personal injury suits against a negligent party. Negligence can occur when a party has breached his or her duty of reasonable care owed to another. In most motor vehicle collisions, it is a driver who has breached the duty owed to all road users to act as a reasonable and prudent person would given the circumstances. For example, a driver who is excessively speeding or driving erratically and collides with another vehicle would likely be viewed as unreasonable under the law. A victim must also show that the defendant’s actions caused his or her paralysis and resulted in damages. Victims paralyzed by a negligent motorist may be entitled to damages for past and future medical costs, loss of income, diminished earning capacity, as well as pain and suffering. In Florida, personal injury suits arising out of car accidents must be filed within four years from the date of a victim’s injuries. Even though this seems like a lengthy time period, it is best to contact a knowledgeable attorney as soon as possible so that important evidence is collected and preserved in your case.
The Law Offices of Robert Dixon is dedicated to assisting Miami residents with claims to help them become financially capable of recovering from catastrophic injuries such as paralysis and spinal cord injuries
