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Serving Injury & Accident Victims
in Maryland, Virginia, and DC
Most people don’t spend much time thinking about their spinal cord until they have a problem with it. Whether you are diagnosed with an age-related degenerative condition or hurt your spinal cord in an accident, any type of spine issue can affect every aspect of your life. You may be dealing with quite a bit of pain in addition to limitations on your ability to work and go about your daily life.
If your spinal cord injury was caused by another person, you may be able to file a lawsuit against them. Through a personal injury lawsuit, you can recover money for your medical bills, lost wages, pain and suffering, and other losses. Our Silver Spring spinal cord injury attorneys can help you get the compensation that you deserve for your losses.
At DuBoff & Associates, we are committed to helping our clients get the best possible outcome for their claims. Whether you have been hurt in a car accident or through medical malpractice, we will fight for your right to full compensation. Reach out to our law firm today to schedule a free initial consultation with a Silver Spring personal injury lawyer.
Spinal cord injuries are often caused by traumatic events such as:
• Work injuries
• Dangerous or defective products
• Acts of violence
According to the National Spinal Cord Injury Statistical Center, approximately 12,500 people suffer spinal cord injuries each year in the United States. The leading cause of spinal cord injury is automobile accidents, followed by falls, acts of violence, and sports injuries.
A spinal cord injury includes any type of damage to the spinal cord, which is the thick bundle of nerve fibers that allows your brain to communicate with other nerves throughout the body. A spinal cord injury may be:
1. A complete spinal cord injury, which causes permanent damage to the affected area of the spinal cord. This often results in paraplegia or tetraplegia/quadriplegia. This involves a partial or total loss of all abilities in body parts below the injury.
2. An incomplete spinal cord injury refers to partial damage to the spinal column. Some abilities below the injury remain intact.
Spinal cord injuries are often described by the area of the spine affected:
• Cervical spine: this section of the spine is in your neck, from the bottom of your skull to about your shoulders.
• Thoracic spine: this section goes from your upper back to just below your midsection.
• Lumbar spine: this section is your lower back, going from your navel to about the top of your buttocks.
• Sacral spine: this section goes from below your butt to your tailbone.
A spinal cord injury can have different symptoms based on whether the injury is complete or incomplete and the area of the spine affected. Any injury can affect your sensory, motor, and autonomic nerve signals:
1. Sensory: Your sensory signals carry information to your brain about things like temperature, touch, pressure, vibration, and texture. They are also responsible for sending signals about your position in space (proprioception). Sensory symptoms after a spinal cord injury can include pain, numbness, and a tingling sensation.
2. Motor: Your motor signals are how your brain moves parts of your body. Motor symptoms may include paralysis, weakness, and spasticity.
3. Autonomic: Your autonomic signals run the body functions that you don’t have to think about, like breathing. Autonomic signals can include heart rate disruptions, body temperature disruptions, incontinence, erectile dysfunction, and blood pressure disruptions.
A spinal cord injury is always a medical emergency. After an accident, medical professionals may treat an injury with medications, traction, splints or braces, and surgery. Long-term medical treatment may include physical or occupational therapy, speech therapy, mental healthcare, and in-home care.
If you have suffered a spinal cord injury from a traumatic event like a car accident, you may be able to pursue a lawsuit against the at-fault party. Our Silver Spring spinal injury lawyers will listen to your story during a free initial consultation and offer you advice on your legal rights and options for pursuing a case.
If someone else caused your spinal cord injury, then you might be able to file a lawsuit against them. Through a personal injury claim, you can recover money for your losses. You can also hold the other person or entity responsible for your injuries.
Depending on the facts of your case, you may be able to file a claim against:
• Another driver
• A doctor or other healthcare professional
• A product manufacturer
• An employer of a person who caused your injury while working
• A building or property owner
• A government agency
• A business, such as a grocery store or hotel
These cases are typically based on a theory of negligence, or carelessness. Negligence is the failure to use the level of care that a reasonable person would use in a similar situation. For certain types of personal injury claims, such as medical malpractice and premises liability, the standard for negligence is slightly different. The ultimate issue is still the same: did another person’s actions or failure to act cause your injury?
The injured party (plaintiff) usually has the burden of proving that the at-fault party (defendant) was negligent in some way. This involves introducing evidence of four elements:
1. Duty: The defendant owed you a duty to use reasonable care.
2. Breach: The defendant violated that duty in some way.
3. Causation: This violation was the direct cause of the injury.
4. Damages: The plaintiff suffered losses as a result.
If you can prove these elements, then you may succeed in a personal injury lawsuit for a spinal cord injury. In addition, if the defendant intentionally or recklessly caused your injury, you can pursue a claim.
In a successful personal injury action, you can recover money for your:
• Medical bills
• Future medical treatment
• Lost wages
• Reduced earning capacity
• Property damage
• Pain and suffering
• Lost quality of life
• Emotional distress
• Scarring
• Disfigurement
In cases involving intentional or reckless conduct (such as a drunk driving accident), you may also be able to seek punitive damages. While not available in typical negligence cases, punitive damages may be awarded in more unusual cases where the defendant acted in an egregious manner.
Personal injury lawyers with experience with spinal cord injury cases can help you in several ways. As an initial matter, they can take over all paperwork and the task of communicating with insurance companies, adjusters, and other attorneys. This can relieve a tremendous burden, allowing you to focus on your recovery.
At the same time, your lawyer will begin to investigate your claim. They will dig into the facts to understand exactly how you were hurt and who may be responsible for your injuries. They will also research the law to put together the strongest possible case for compensation.
Most personal injury claims, including spinal cord injury cases, are resolved outside of court. Your lawyer will send a demand letter to the insurance company, explaining the facts of the case and why their insured is responsible before making a demand for compensation. They will then negotiate with the insurance company to get you a fair settlement.
It is often necessary to file a lawsuit to protect your legal rights and continue negotiations. This does not mean that your case will go to trial. Instead, it’s an opportunity to learn more about the case while attempting to settle it. When the insurance company knows that you are willing to go to trial, it is more likely to offer you a settlement that fairly compensates you for your losses.
Throughout the process, your Silver Spring spinal cord injury attorney will fight to get you justice. They will work tirelessly to hold the defendant accountable and make sure that you get the money that you need to move forward with your life.
A spinal cord injury can be life-changing. Even an incomplete injury can significantly affect your life. In this situation, you need tough, smart legal representation to advocate for your best interests.
DuBoff & Associates works with clients throughout Montgomery County who have suffered spinal cord injuries in all types of accidents. We won’t back down from a fight and won’t stop until we get you maximum compensation for your injuries. To learn more or to schedule a free initial consultation with a Maryland spinal cord injury lawyer, give us a call at 866-210-6821 or fill out our online contact form.
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