No matter how much of the body it affects or the degree of functionality that is lost, paralysis in any form is a uniquely devastating and life-changing condition to deal with. To make matters worse, injuries that result in paralysis often stem from circumstances that would have been avoidable if everyone involved had exercised reasonable care.
If you suffered permanent loss of sensation and/or motor function because of someone else’s reckless or careless conduct, you may want to reach out to a Bloomington paralysis injury lawyer about potential civil claims and potentially litigation. Through a successful settlement demand or lawsuit, a compassionate local attorney with knowledge of how cases like yours work may be able to help you recover for both economic and non-economic consequences of your condition.
How Negligence Could Lead to Paralysis
The legal term “negligence” refers to a specific combination of factors that, when combined together, indicate that someone acted without due care and therefore should bear financial accountability for the consequences of their actions. In order for a civil “defendant” to be found negligent, the “plaintiff” pursuing legal action against them must be able to prove that all the following statements apply to their situation:
- The defendant had a duty—implicit or explicit—to act in a way that preserved the plaintiff’s safety within reason
- The defendant did something reckless or careless to violate their duty
- The defendant’s “breach of duty” was the direct and proximate cause of an accident
- The accident in question was the direct cause of the damages for which the plaintiff wants to seek restitution
While motor vehicle accidents are the most common way in which negligent behavior leads to paralyzing injuries, other potential grounds for this sort of claim include mistakes by healthcare providers, falling accidents caused by hazardous property conditions, consumer product defects, workplace accidents, construction site accidents, farm accidents, and even collisions during athletic activities. A paralysis accident attorney could review your specific case and discuss what circumstances might give rise to a valid claim.
Seeking Recovery for a Paralyzing Injury
The potential value of a paralysis injury case depends on the severity of the injury in question, and more specifically on the scope of the impact that injury has on your personal and professional life. For instance, someone suffering from paraplegia in their lower limbs might still be able to continue working the same job they had before if they primarily worked in an office, so while their civil claim could seek recovery for medical expenses, pain and suffering, and loss of enjoyment of life, it might not include lost work earnings as a loss stemming directly from their injury.
Conversely, quadriplegia of the entire body below the neck invariably prevents gainful employment, so recoverable damages would include loss of earning capacity as well as expenses for in-home assistance with daily tasks. A conversation with a paralysis injury lawyer in Bloomington could offer clarification about what kinds of damages could be factored into your particular case.
The Importance of Identifying All Available Insurance Coverage After a Paralyzing Injury
Because damages involving paralysis are among the most serious of all personal injury cases, it is vital you and your attorney are diligent in investigating all potential sources of recovery. In some cases, the only source of recovery is one insurance policy and the assets of the defendant, in other cases, there may be several different insurance policies available to compensate an injured person for their damages, and failure to identify all available insurance policies can result in an injured person receiving far less compensation than they should receive.
An experienced personal injury lawyer can help investigate the case and possible insurance coverage that may be available to compensate you for your injuries. As a rule, you should not sign any releases or settle any component of your claim until you have had an attorney exhaustively review your situation to be sure there are no additional sources of recovery or insurance policies available to help compensate you for your injuries.
Speak with a Bloomington Paralysis Injury Attorney About Legal Options
Any injury resulting in temporary or permanent paralysis is a tragedy that will have life-altering physical, financial, and emotional repercussions. Due to the severity of these injuries and the extent of the damages involved, it is particularly important that a person suffering from a paralyzing injury have professional legal guidance to investigate their claim, identify all potential sources or recovery, and work to maximize their compensation. To get help today with your claim, please call to schedule a free, no-obligation, confidential consultation.