Spinal injuries have the potential to leave victims with disabilities, severe limitations, and chronic pain, not to mention a pile of medical bills. In situations as serious as these, it is important that all victims understand their legal rights when pursuing damages.
If you suffered a spinal cord injury as a result of negligence, you may have the ability to file a lawsuit against the party that negligently, recklessly, or intentionally caused the incident that injured you. However, it is important to act quickly as your claim will not last forever.
For immediate, dedicated, and experienced help, call (219) 322-1166 to speak to the resourceful South Bend spinal injury lawyers at Wruck Paupore. When you call today, you can obtain your first case evaluation for no charge.
Any number of unfortunate circumstances can cause spinal injuries. However, some incidents are more likely to result in damage to the neck, back, and spine than others. Our South Bend spinal injury attorneys have highlighted a few of these examples below.
According to the Mayo Clinic, car accidents are the single leading cause of spinal injury across the country. While safety features in vehicles have made substantial advances over the past decade, nothing can truly prevent the human body from the force of a collision. These injuries are even more common in motorcyclists, bicyclists, and pedestrians involved in accidents with cars and trucks, as they do not enjoy the many safety features on board vehicles to protect drivers and passengers.
Any fall onto a hard or uneven surface can exert force on the spinal column, causing any number of tendon strains or bone fractures. Falls are the leading cause of spinal injuries in victims over the age of 65. Older adults are more susceptible to falling and at higher risk for spinal injury when these incidents occur. Seniors should be on guard against common symptoms of spinal injury after a fall, including pressure or pain in the neck, head, or back, numbness or tingling in the extremities, impaired breathing, loss of bladder or bowel control, or difficulty balancing.
Any type of sporting activity can cause a spinal injury. While most people would associate spinal injuries with contact sports, the two activities that produce the highest frequency of reported spinal injuries are diving in shallow waters and accidents at the gym. If the activity is being offered by a facility, league, or other entity, that entity is responsible for ensuring that all participants are aware of the dangers and have proper protective equipment. A failure in this area could create liability.
You might not associate medical malpractice with spinal injuries. However, there are a number of ways that physician and hospital staff incompetence can cause or exacerbate a spine injury. Misdiagnosis of a spinal injury can leave a vulnerable patient at risk of aggravating their injury further. Infections that make their way to the spine can wreak havoc on a person’s nervous system. Surgical errors can result in unthinkable consequences when the spinal column is not given proper attention. With a limited understanding of treatment measures, chiropractors can do more harm than good. These issues may be difficult to connect to a physician’s negligence, so if you suspect medical malpractice caused your injuries or made them worse, reach out to a seasoned South Bend spinal injury lawyer as soon as possible.
Dealing with the consequences of a spinal cord injury can be trying, costly, and painful. If the reason you suffered your spinal injury was someone else’s negligence, you may be able to recover financial compensation through a personal injury lawsuit.
To hold someone else accountable for an injury, you need to prove that they either caused the accident either negligently, recklessly, or intentionally. In an intentional injury case, you could aim to prove that the responsible party intentionally caused your injuries, such as in a case of assault and battery. However, in a negligent injury case, which is far more common, you must be able to demonstrate that the other party owed you a legal duty that they failed to meet, thereby causing the accident and your resulting injuries.
For example, if a retail store allowed dangerous conditions that caused a customer to slip and fall, the store could be liable for the consequences. Drivers owe legal duties to everyone else on the road, so by negligently causing a collision, the at-fault driver would likely owe the victim compensation. Suppose a doctor, hospital staff member, or other medical care provider deviated from accepted industry standards of care. In that case, their deviation could be grounds for a lawsuit if it caused or exacerbated a spinal injury.
Even if you have valid grounds for a lawsuit, you still must file it within Indiana’s statute of limitations. For personal injury lawsuits stemming from spinal injuries, the state generally gives the plaintiff two years within which they must file their formal complaint in the appropriate court. While two years may seem like a long time, it is meant to account for the time needed to gather evidence, estimate damages, and prepare filings, which can be substantial.
For this reason, if you recently sustained a spinal injury and have already received medical treatment, it is critical that you reach out to a South Bend spinal injury attorney as soon as possible.
When you call the dedicated South Bend spinal injury lawyers at Wruck Paupore right now, we can provide you with a free initial case assessment. Find out more by calling us at (219) 322-1166.
Don is a founding partner and one of the nation’s top-ranked personal injury litigators. He is a member of the Multi-million Dollar Advocates Forum, which includes less than 1% of the nation’s trial lawyers, and awarded the highest ranking given by Martindale Hubbel and AVVO.
More importantly, Don understands representing personal injury victims is about more than recovering the best settlement: it’s about helping clients get back on their feet and supporting them in every aspect of their recovery.
In nearly all cases, our clients seek compensation from the wrongdoer’s insurance company. Before forming Wruck Paupore, Jason worked for a prominent law firm representing some of the world’s largest insurers. This experience gives Jason a deep understanding of the insurance industry and the strategies it uses to pay injury victims as little as possible.
Jason -- and our entire team -- put this inside knowledge to work to force insurance companies to pay what is actually owed. Often, we use the insurance company’s own tactics against them as we fight for the full compensation our client deserves.
For more than four decades, Keith has been fighting for injury victims. During that time, he’s watched the insurance industry change, with insurers now more interested in protecting their stock price than treating injury victims fairly.
Since the beginning, Keith has put people first. From his childhood in Gary, Indiana during the 1960’s and working his way through law school, Keith has risen to become one of the Midwest’s most respected trial lawyers. He has never forgotten that being a lawyer is about helping people -- and seeing injury victims through struggles in a way that could change their lives forever.
Over the decades, Keith, Don and Jason have fought relentlessly for clients, even when other lawyers have said the case was impossible to win.
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