Injuries to the back and neck can be some of the most debilitating injuries. People may underestimate how fragile their spines can be; even seemingly minor injuries to the back can leave permanent pain and discomfort. Because of this, those suffering from spinal cord injuries caused by the negligence or bad actions of others may be entitled to high levels of compensation.
Most injuries that are caused by the negligence or bad actions of others allow victims to recover damages from those who harmed them. If you are in Queens and you or a loved one is suffering from a spinal cord injury, contact Sullivan and Galleshaw, LLP. Sullivan and Galleshaw is an experienced personal injury law firm practicing in Queens and throughout New York City to help injured clients get the financial compensation they need.
What Kinds of Compensation Are Available?
Recovering from an injury, especially a serious one, can require a lot of medical treatment and down-time. That usually means missing a lot of work, but still paying for expensive medical procedures, imaging, and rehabilitation. Luckily, New York law allows for the recovery of all of these expenses from the party who harmed you.
Medical expenses can be extremely expensive today, whether you have good health insurance or not. If you have been injured due to someone else’s behavior, that person can be made responsible for the costs of treating your injuries. This means that the costs of surgical procedures, X-rays, MRIs, hospital stays, and physical therapy can all be awarded in a lawsuit against the responsible parties.
I you have had to miss work, or can no longer work, due to your spinal cord injury, a court can make the responsible parties reimburse you for your lost wages. That means not only covering the wages from the time you have already spent out of work, but also compensating you for the future wages you will miss from your injury.
Spinal cord injuries can result in severe discomfort, numbness, pain, or even loss of sensation and control of your body. This can mean confinement to a wheelchair or a bed for a long period of time, or permanently, which brings its own emotional suffering. Both pain and suffering can be compensated by a court of law. While no amount of money will ever replace the pain or loss of sensation spinal cord injuries may cause, it can certainly help. New York law places no limits or “caps” on how much money you can receive for pain and suffering, so juries may award as much money as they think is fair.
If your injuries were caused by especially reckless or bad actions, a court may also be willing to award you extra money to punish the party who harmed you. These damages are rare, but are always a consideration in approaching a personal injury suit.
What Makes Spinal Cord Injuries So Severe?
Your spine is composed of a series of tube-shaped bones. The space between each bone is padded with tissue called a “disc,” and the bones are stacked to create a long tube down your back. Inside your spinal column runs a bundle of nerves that connect from your brain down to the rest of your body parts. This makes your spine is an especially important area, since all signals between your brain and your body must run through this spinal cord.
In any injury to your back or neck, there is a possibility that these bones may go out of alignment. If the bones are pushed far enough out of alignment, you could suffer pain from the disc tissue being pinched, but it could mean worse consequences for your spinal cord. The bones themselves, meant to protect your spine, could actually pinch down on the spinal cord. Like a hose being pinched off, the signals between your brain and the rest of your body are cut off below the point of injury in your back. The higher this injury is, the more of your body loses sensation, feeling, and motion.
Suffering a spinal cord injury can lead to loss of feeling, loss of control, pins-and-needles sensations, loss of bowel and bladder control, intense nerve pain, spasms, pain, and discomfort. If your spinal cord is completely severed during an injury, it can mean permanent paralysis below the point of injury. That can keep you in a wheelchair for the rest of your life and require significant care.
FAQ Queens Spinal Cord Injury Lawyer
Spinal cord injuries are common types of catastrophic injuries, and our Queens spinal cord injury lawyers can help you to seek compensation. The following are examples of frequently asked questions (FAQs) we receive.
Q: What Are Common Types of Accidents That Result in Spinal Cord Injuries?
A: Many different types of accidents can result in spinal cord injuries and successful spinal cord injury lawsuits. Some examples include car accidents, truck accidents, slips, and falls, sports injuries, and recreational accidents.
Q: What Are the Different Types of Spinal Cord Injuries?
A: Spinal cord injuries can vary in terms of type and severity. According to the Mayo Clinic, spinal cord injuries can be classified as complete or incomplete (referring to whether or not a person still has feeling and movement), while paralysis injuries are described as paraplegia (affecting some or part of the trunk, legs, and pelvic organs) or tetraplegia (affecting the arms, hands, legs, trunk, and pelvic organs).
Q: What is the Statute of Limitations on a Spinal Cord Injury Lawsuit?
A: Most spinal cord injuries happen in accidents caused by another party’s negligence. In most of these cases, the injured person will have three years under New York law to file a spinal cord injury lawsuit. This time limit is known as the statute of limitations. The clock on most spinal cord injury lawsuits starts to tick on the date of the injury. From that point forward, the person with the spinal cord injury will have three years to file a lawsuit. Failing to file a lawsuit within that three-year time window will result in the injury victim’s claim becoming time-barred in New York.
Q: Can I File a Spinal Cord Injury Lawsuit If My Family Member Suffered a Fatal Injury?
A: It depends. Many spinal cord injuries are fatal. In these circumstances, it may be possible for a wrongful death lawsuit to be filed. New York wrongful death law requires the personal representative of the deceased’s estate to be the party who files the lawsuit, but the personal representative can seek damages on behalf of surviving family members. Unlike personal injury lawsuits filed by the injured party, wrongful death lawsuits must be filed within two years from the date of the deceased’s death.
Q: How Can Comparative Fault Impact My Spinal Cord Injury Lawsuit?
A: If you were partially responsible for the injury that resulted in your spinal cord injury, or if your injury worsened due to your delay in seeking medical care, the defendant could argue that you are also liable and that your damages award should be reduced. Under New York’s comparative fault law, you are still permitted to recover damages even if you bear some responsibility, regardless of whether you are minimally at fault or up to 99 percent at fault. If the court does agree with the defendant that you are partially to blame, your damages award will be reduced by your percentage of negligence, but you will not be barred from recovery.
Q: How Much is My Spinal Cord Injury Case Worth?
A: The amount your case is worth will depend upon the facts of the case, including the severity of your injury, losses you have already incurred, and likely future losses.
A Queens Spinal Cord Injury Lawyer Can Help You With Your Case
If you have suffered a spinal cord injury in Queens, New York due to the negligence or bad actions of someone else, Sullivan and Galleshaw, LLP can help hold them responsible for your injuries. When facing a long road to recovery or a permanent lifestyle change, it is important to have someone on your side who will fight to get you medical coverage and financial compensation to help with your injuries. To set up a consultation with Sullivan and Galleshaw, call (718) 843-0300.
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