When a person suffers a spinal cord injury, there are many outcomes the victim may not be prepared for. For example, victims of this type of accident are often known to experience a feeling of numbness or paralysis. These symptoms require extensive medical treatment which could require multiple visits to a healthcare facility for weeks, months, and even years. Since the expenses of medical treatment could prove to be expensive, it may be worthwhile to investigate all avenues of compensation in the event your injury was caused by the negligence of another person.
An experienced injury attorney may be able to review your case and discuss your legal options. With the help of a Framingham spinal cord injury lawyer, you may be able to better pursue a favorable resolution through settlement proceedings or in court. To learn more about the claims process, or if you have any questions regarding a specific case, be sure to schedule a consultation today.
Spinal cord injuries can occur in many different ways. Some of the most common are:
If a plaintiff believes that they may have suffered a spinal injury or feels any of the symptoms of such, they should first seek out the help of a medical professional. Afterward, when a plaintiff consults with a Framingham spinal cord injury lawyer, they may be able to use this medical report to begin to understand and potentially build a case for the defendant.
For a plaintiff to have a cause of action against the defendant, it usually must be shown that the defendant’s negligent act caused the plaintiff’s injury. A Framingham spinal cord injury lawyer would do this by proving the following four elements:
These four elements are used as a means to establish, under Massachusetts Instruction 3.108, that the defendant failed to exercise the degree of care that an ordinary person would use in the same scenario.
While a plaintiff will generally want to prove that the defendant is entirely at fault for an accident, often the court may find that is not entirely the case. Under Massachusetts General Laws §85, a plaintiff who is found to be contributorily negligent for their own injury can still recover damages so long as they are found to be less than 51 percent at fault.
If, for example, a plaintiff is awarded $100,000 in damages for their spinal injury, but was also found to be 30 percent at fault, then they would receive a net damages award of $70,000. A spinal cord injury lawyer from Framingham could help the plaintiff to argue this complex legal claim before the court to reduce their amount of blame.
Regardless of how you damaged your spine, this can very likely be a severe injury that results in emergency hospital visits, rehabilitation, and mental pain and suffering. If you are in this situation, you may have substantial medical bills, lost wages, and other costs related to this injury.
By consulting with a Framingham spinal cord injury lawyer, you could gain a dedicated legal ally who can help to review the facts and law surrounding your case, and potentially bring a claim on your behalf. Speak with a lawyer today and see what may be possible for you.