The costs associated with treating a paralysis injury can place a significant financial burden on families, especially if the condition was the result of an unexpected accident. If you or a family member have experienced a loss of mobility due to another person’s negligence, you may be able to seek restitution from the responsible parties.
An experienced Tucson paralysis injury lawyer could help you understand the legal process and support you as you fight for compensation. Reach out to an experienced personal injury attorney at our firm to learn more about what we could do for you.
The term “paralysis injury” encompasses several types of inflictions that may cause partial or total loss of feeling or mobility in a particular part of one’s body. While many medical conditions could result in paralysis, it is often caused by traumatic brain injuries (TBIs) and spinal cord damage. Following an accident, someone suffering from a severe injury may experience symptoms such as:
Due to the long-term physical effects a paralysis, the costs for continual medical care can place a substantial, potentially lifelong financial burden on the victim and their family. A diligent paralysis injury attorney could assist injured parties with filing a claim. Additionally, a legal professional could seek damages on behalf of the injured party to sufficiently compensate them for the losses associated with their mobility loss.
A defendant in a paralysis case is responsible for compensating the losses of anyone injured by their negligence. The plaintiff must prove the defendant’s negligence. Proving negligence requires the plaintiff to demonstrate that:
The proof necessary to establish the elements of negligence will vary depending on the circumstances of the accident. In a car wreck case, a defendant’s failure to observe safe driving practices or obey traffic laws would be a breach of their duty to operate a vehicle safely. If the accident that caused the paralytic injury was a fall, the breach might be a failure to provide safe premises for visitors. A seasoned Tucson attorney could evaluate a case to identify potentially negligent parties and gather proof of their fault.
Hold All Potentially Negligent Parties Responsible
Determining whose negligence might have led to an injury is not always a straightforward process. Some accidents might be the result of several parties’ negligence. A committed attorney in Tucson could press claims against all the potentially negligent parties.
For example, in a car accident case, the other driver is a probable target for a negligence claim. If the other driver was working when the accident happened, their employer might be liable. If mechanical failure contributed to the accident, the vehicle’s manufacturer or service provider could also have liability. If poor road maintenance or a malfunctioning traffic control device was a factor, the local government responsible for the road might have been negligent.
The plaintiff could bring negligence claims against all the parties whose conduct contributed to the accident. Doing so could ensure that all negligent parties are held accountable and may increase the likelihood that the plaintiff will receive a fair and adequate settlement.
Plaintiffs who have suffered paralytic injuries because of another person’s negligence are entitled to recover damages to offset the costs of their recovery. Damages could include all medical expenses, incidental costs associated with obtaining medical care, mobility aids, rehabilitative services, home health care, and costs of renovating a home and adapting a vehicle to accommodate the plaintiff’s paralysis.
Damages could include income that was lost while the plaintiff was recovering from their injury. If the paralysis will prevent the plaintiff from returning to their job, their damages could include lost future income and diminished future earnings opportunities.
Plaintiffs also are entitled to an acknowledgment of the intangible effects of their paralysis and the lifestyle changes paralysis forces. Defendants could pay damages for a plaintiff’s physical pain, mental anguish, inconvenience, humiliation, lost ability to enjoy life, and other subjective harms. A capable legal professional in the area could help a paralyzed person provide evidentiary support for these damages by cataloging all the ways their quality of life has changed as a result of their injury.
In a personal injury claim, the victim of a preventable accident may recover compensation from the at-fault parties. Generally, plaintiffs have two years from the date of injury to bring their claim. This law is stated under the Arizona Revised Statutes § 12-542(1). If an individual fails to bring their lawsuit in the time allotted, they may lose their right to recover damages.
The courts may also bar a plaintiff from collecting compensation if they deliberately caused their injuries. However, if the plaintiff’s contribution to their injury was unintentional, they may still recover a reduced amount of damages.
Any compensation awarded to the injured party may be reduced by an amount that is proportionate to their percentage of fault. By consulting a knowledgeable attorney, injured parties could mitigate the risk of losing potentially recoverable damages in their paralysis case.
For those living with paralysis, coping with daily life struggles can be a lengthy and challenging process. In addition to suffering extensive physical impairment, the excessive medical care costs required to treat paralysis can be an overwhelming financial burden.
If you or someone you love were recently injured in an accident and subsequently paralyzed, obtaining legal representation may be critical for you to successfully recover monetary damages. Call our office today to schedule a consultation with a member of our legal team. A Tucson paralysis injury lawyer could help you take the first step in initiating your claim.