Can I Sue For My Spinal Cord Injury?

There are roughly 250,000 spinal cord injury victims each year in this country. Your body’s spinal cord is an extended bundle of nerves that runs from your brain through your entire spinal column. Together with your brain, this makes up your body’s central nervous system, so an injury to your spinal cord can result in severe consequences.

A spinal cord injury occurs when there is damage to any part of the spinal cord and its nerves. These injuries can impact your ability to move or have feeling in extremities, breathe, have bowel and bladder function, and even swallow. These are significant traumas that require immediate medical care and could result in the need for long-term treatment, income loss, and pain and suffering.

Types of Spinal Cord Injury Lawsuits

Lawsuits dealing with spinal cord injuries will generally fall into two categories: products liability and negligence. Although there may be some other types of cases, these are the most common and the type of lawsuit will depend on the cause of the damage.

• Products Liability. If a spinal cord injury results from a product’s design flaw or an issue with manufacturing, there may be a valid products liability case. An example is a spinal cord injury that results when a car’s airbags fail to deploy during an auto accident. The company that designed, manufactured, or installed those airbags could be held liable for damages.
• Injuries that result from an unreasonable action or failure to act may be considered an example of negligence. An example of this might be a driver in an auto accident who is speeding and runs a stop sign, causing a serious crash with a resulting spinal cord injury. In spinal cord injury lawsuits, negligence is the most common argument.

Common Actionable Causes of Spinal Cord Injuries

Not every spinal cord injury will result in legal action. If there was no negligence or defective product involved in producing the injury, you probably won’t have a case. However, the fact remains that the most causes of these catastrophic injuries can be traced back to a person or organization that was responsible for the harm. These actionable causes of a spinal cord injury include:

• Auto and motorcycle accidents. Approximately 39% of all spinal cord injuries are due to motor vehicle accidents. When there is a collision between two vehicles, catastrophic injuries often occur, and one party is usually at fault due to reckless or negligent behavior.
• Slip and falls. Some slip and fallsare minor, while others result in debilitating spinal cord injuries that require extensive care. Statistics show that over 29% of spinal cord injuries result from some type of fall. Whether your injury happened because of a wet floor, uneven carpet, or a defective ladder, you may be entitled to compensation for your damages.
• Over 13% of all spinal cord injuries are the result of violent acts. These include gunshot injuries and knife wounds, both of which can create extensive and permanent damage to the body’s spinal column. If a gun is defective, you might have a products liability case. Otherwise, most of these are criminal acts that fall under negligence.
• Sports and recreation injuries. Just over 8% of spinal cord injuries result from sports and recreational activities. The most common cause is diving, but others include various contact sports. Depending on the circumstances of the case, there may be an “assumption of risk, ” so it is best to speak with your personal injury attorney about your options.
• Medical or surgical complications. Nearly 5% of all spinal cord injuries are the result of errors made in medical treatment or during surgery. If you are in this situation, you may have a medical malpractice case. This is particularly true if the medical provider did not take the necessary precautions while providing care.

Speak with a Qualified Alabama Spinal Cord Injury Attorney Today

If you or someone you love has suffered a spinal cord injury, Chip Nix, Attorney at Law, can help. Our experience with Alabama catastrophic injuries has given us a long track record of success in helping accident victims collect the full and fair compensation they need and deserve. Contact our Montgomery office now at (334) 279-7770 or reach us online to schedule a free consultation.