Back injuries can result in damages that stick with victims for the remainder of their lives. Depending on the severity of the injury, victims may suffer a wide array of short- and long-term impacts, from loss of motor function to quadriplegic conditions.
If you suffered a paralyzing injury due to the negligence or intentional misconduct of another person, a skilled attorney specializing in personal injury law could help you determine whether you may be entitled to civil compensation. A skilled Oak Lawn paralysis injury lawyer could scrutinize any possible defenses to your claim and fight on your behalf to obtain the financial recovery you deserve.
The Role of Negligence in Paralysis Injury Cases
Paralyzing injuries such as paraplegia and quadriplegia are often associated with catastrophic accidents such as vehicle collisions and sports-related accidents, but others can be traced to causes that may not be as dramatic. If negligence on the part of a healthcare provider leads to a patient being paralyzed, for instance, that patient may be eligible to sue for damages.
Injured plaintiffs may be tasked with proving negligence on the part of another person by a preponderance of evidence. To use the healthcare provider example again, 735 ILCS 5/2-622 requires plaintiffs injured by a negligent doctor to file an affidavit of merit alongside their lawsuit which affirms they have reviewed the facts of the case with a qualified medical professional.
Common Legal Routes in Paralysis Accident Injuries
Before victims can seek recovery, claims for damages may go through a specific legal process first. Claimants may start by engaging in pre-trial drafting and motion practices. During this period, the plaintiff’s Oak Lawn paralysis injury lawyer states their case and gives notice to the prospective defendant of their intention to file suit.
The second phase, also known as the discovery phase, allows for both the defendant and plaintiff to exchange information and materials. The final phase involves the actual trial, in which both parties make arguments rebuttals in order to prove or disprove the cause of action.
At any time during the sequence, both parties can enter into settlement negotiations and potentially come to an agreement over a fair payment for damages. This is typically a quicker and cheaper way to end the litigation process and move on from a case, and most paralysis injury cases conclude this way for those reasons.
How Damages May Be Calculated in Paralysis Injury Lawsuits
A personal injury lawsuit is designed to make the plaintiff or victim “whole” again. In the context of paralysis accident cases, it is not uncommon for verdicts and settlements to total in the millions of dollars, given the devastating impact paralysis injuries can have on the victim and their ability to lead a normal life.
When measuring losses in injury claims involving paralysis, immediate medical bills and lost wages may be considered. However, the long-term effects of the injury can be emphasized as well.
Evaluating the Impact of Paralysis
One effective way to evaluate how paralysis may have impacted a victim’s life is by gaining a thorough understanding of their condition and prognosis for recovery. This process may involve collaborating with healthcare professionals charged with the victim’s care, medical experts who specialize in paralysis, economists, and other professionals who can demonstrate life care needs.
Altogether, measuring damages in a paralysis injury case may take into account several factors, including:
- The severity of the injury and whether the paralysis is temporary or permanent
- How the injury diminished the victim’s quality of life
- Whether the injury affected the victim’s ability to earn a living
- Accommodations for housing modifications
- The need for nursing care and other medical rehabilitation services
Talking to an Oak Lawn Paralysis Injury Attorney
Managing your medical and financial situation after suffering a life-altering paralysis injury can be traumatizing and stressful. Paralysis may be irreversible, creating limitations to your mobility that may make you dependent on caretakers and extended therapy.
If you were paralyzed as a result of an accident, a skilled Oak Lawn paralysis injury lawyer could assess your case and determine whether you have a claim worth pursuing. To schedule an initial consultation, call today.
