Spinal Cord Injuries

Your spinal cord sends and receives messages from the brain to the body. These messages regulate sensation, as well as motor and autonomic function below the level of spine that was injured. Hundreds of thousands of people around the country live with a spinal cord injury, and many of these are the result of an accident caused by someone else, whether a negligent driver or a property owner who failed to repair a dangerous condition. After an accident, it’s critical to retain legal representation as soon as possible. In Massachusetts, you have three years to bring a personal injury lawsuit, but the further you get in time from an accident, the more likely it is that memories or physical evidence that could be useful in establishing liability will disappear. When catastrophic injuries, those that are potentially life-altering, are at stake, it’s imperative to seek legal representation. The seasoned Quincy personal injury attorneys of Brabant & Huynh, LLP may be able to represent you in your lawsuit for damages.

Spinal cord injuries may be complete or incomplete. A complete spinal cord injury results in absolutely loss of sensory and motor function below the part of the spine that was injured. It is rare for the spinal cord to be cut, but complete injuries are often the result of a bruise or contusion that impacts blood flow to the site of the injury. An incomplete injury is one in which there is still function below the injury site on the spine. In some cases, injuries are the result of penetrating injuries.

The nature of the accident will determine what we need to prove to establish another’s liability. In a pedestrian accident resulting in damages to your spinal cord, for instance, we’ll likely need to establish a driver’s negligence. We’ll need to show the driver owed you a duty of care, which he abdicated, and in so doing, he caused your spinal cord injuries.

In a premises liability case that results in spinal cord injuries, we’ll need to establish the defendant knew or should have known about the dangerous condition that contributed to your losses. It may be appropriate to show the owner of a mall knew about a broken escalator by showing video surveillance footage, for example. In that case, we would also look into whether the escalator was defective or had been improperly repaired.

Your damages, even for a catastrophic injury to your spine, can be reduced by an amount equal to your percentage of fault under the doctrine of comparative negligence. In Massachusetts, your damages will be reduced if the defendant can show you are partially to blame. However, if the defendant can show you are 51% or more at fault, you can be barred from recovering any of your losses arising out a spinal cord injury. Needless to say, it’s crucial to avoid providing statements to a defendant’s insurer or attorney until you’ve retain an attorney who can present your case persuasively.

The amount and nature of damages that may be recovered depend on the particular spinal cord injury. We’ll need to establish another’s liability in order to obtain damages as compensation for injuries. In some cases, there are multiple people at fault, and this can improve the chances of recovering the full amount of your damages.

Damages can be substantial in a spinal cord injury case. There are situations in which surgery may be necessary due to an incomplete spinal cord injury that causes deformation, pain or the risk of paralysis down the road. This surgery may be emergency surgery or a planned surgery. Often those with complete tetraplegia also face significant medical complications like deep vein thrombosis and pressure ulcers. A complete spinal cord injury could leave an accident victim unable to regain function and unable to work or do any activities previously enjoyed. Loss of bowel and bladder function in the course of a spinal cord injury may require a specially trained nurse for help in changing positions to avoid bedsores or bathing. These costs can add up. Most families don’t have enough saved in case of a catastrophic spinal cord injury. Rehabilitation may be needed. All of these losses and expenses may be recovered if we can establish another’s liability.

The Quincy lawyers of Brabant & Huynh provide legal representation for lawsuits arising out of spinal cord injuries. We also represent those with spinal cord injuries in Dorchester, Mattapan, Milton, Dedham, Canton, Stoughton, Randolph, Holbrook, Braintree, Weymouth, Hingham, Brockton, Bridgewater, Avon, Hanover, Abington, and Norwell. Call us for a free consultation at (617) 934-0913 or complete our online form.