Spinal Cord Injury Lawsuits
Filing a Spinal Cord Injury Claim
If you are filing a spinal cord injury claim, here are a few things to keep in mind:
- Contact an experienced attorney you can trust to timely file your claim within the applicable statute of limitations.
- Find an experienced spinal cord injury attorney to handle your case. Wendy York and her team of experienced legal professionals are known for their skill in presenting the strongest cases possible on behalf of their clients. Contact York Law Firm to schedule a consultation with one of our spinal cord injury attorneys.
Who is Liable in a Spinal Cord Injury Case?
In order to succeed in a spinal cord injury case, you must prove liability by way of negligence, strict liability or intentional wrong.
Negligence. A party is negligent if she failed to act as a reasonable person would have acted under the same or similar circumstances. A motor vehicle accident is a common example of a person’s negligence (for example, speeding, running a red light or stop sign, or violating the vehicle code).
Strict liability. Strict liability is the theory that a person, company, or manufacturer is liable even though there is no “fault” on their part.
Intentional wrong. If the wrongdoer intentionally acted to inflict the injury on the plaintiff, such as in cases of assault, she will be found liable.
Legal Considerations in a Spinal Cord Injury Case
Statute of Limitations. As with any lawsuit, spinal cord injury lawsuits must be filed within a certain period of time of the harmful wrongful conduct, a period known as the statute of limitations. Failure to bring suit within this period may bar your ability to bring suit completely. The statute of limitations, however, differs depending on the subject matter of the case. At York Law Firm, our attorneys can advise and protect your legal claim.
Recovering Damages in a Spinal Cord Injury Case
The injured plaintiff can recover past and future medical expenses and non-economic damages (also referred to as pain and suffering – the harms, injuries and losses suffered). Punitive damages can also be awarded when the plaintiff can prove that the wrongdoer acted fraudulently, maliciously or recklessly.
Types of Damages
Compensatory Damages. Compensatory damages are damages meant to “right the wrong.” In other words, they are meant to reimburse/make up for the injuries, harms and losses sustained by the victim.
There are two types of compensatory damages: economic and non-economic damages. Economic damages include quantifiable amounts such as out-of-pocket expenses like medical bills, lost wages or property damage. Non-economic damages include pain and suffering, loss of companionship, physical injuries/harms, mental anguish and emotional distress. They also include “loss of consortium,” or damages for loss of society, comfort and care of the injured plaintiff.
Punitive Damages. Damages awarded to the victim in order to punish the wrongdoer for her gross negligence are known as punitive damages. Punitive damages are awarded where the conduct was malicious or in reckless disregard of the plaintiff’s rights, displaying an indifference to the rights and safety of others. Punitive damages may also be awarded when the defendant’s conduct is fraudulent or oppressive.