Few types of injuries have more severe and life-altering consequences than those which cause damage to the spine. Even a bruise or partial tear to the spinal cord can force an accident victim to contend with months of medical treatment and expensive physical therapy, and even more severe damage can result in permanent paralysis.
Anyone who has suffered spinal cord damage due to someone else’s negligence should strongly consider retaining experienced catastrophic injury attorney David E. Gordon sooner rather than later. A Memphis spinal cord injury lawyer could help you seek recovery for your short-term physical and financial damages, as well as any emotional losses you could face for the rest of your life.
The two most important factors that determine the severity of a spinal cord injury (SCI) are the location where the damage occurs on the spine and the “completeness” of the damage. These factors could also help in calculating how much money a plaintiff should demand to ensure their future needs are met.
Injuries to the lower portion of the spinal cord typically only cause symptoms that manifest in the legs and lower half of the body, while injuries higher up the spine tend to affect the entire body.
There are various degrees of incomplete spinal cord injuries that may leave a victim with partial motor control below the area of impact. Conversely, a complete spinal cord injury refers to a full severing of the spinal cord at the injury site, resulting in permanent paralysis and loss of sensation everywhere below the severed point in the spine.
In the short term, any form of spinal cord damage must be handled with care and intensive medical treatment to stabilize the victim and minimize further harm. Any medical expenses and lost work wages associated with these treatments can then be factored into an ensuing civil lawsuit.
However, particularly in cases where an SCI results in quadriplegia, recovering for long-term costs associated with home modification and loss of working capacity, as well as non-economic damages including loss of consortium and loss of enjoyment of life, is of crucial importance. A qualified Memphis spinal cord injury attorney could discuss with an individual the damages they can seek recovery for in their case.
In any civil injury case, comparative fault can significantly decrease or even completely negate the value of a civil damage award or settlement. Courts in Tennessee follow a modified comparative fault standard under which any plaintiff found 50 percent or more at fault is ineligible to receive compensation. Furthermore, even if a plaintiff does not bear any fault in the accident, Tennessee courts enforce a cap of $1 million on non-economic damages in spinal cord injury claims.
Finally, Tennessee Code §28-3-104 limits injured individuals to a period of one year after their injury occurs in which they can file suit, which is a much stricter statute of limitations than the ones usually enforced by other states. Given all these potential obstacles, working with a seasoned Memphis legal representative could be crucial to avoiding a negative outcome and adhering to the deadlines in a spinal cord damage case.
There is no amount of money that can fully make up for the personal and professional loss that a severe SCI has brought on. Even more, while dealing with this significant injury that you are seeking compensation for, Tennessee state law upholds a number of regulations and restrictions that could make it challenging for unrepresented plaintiffs to achieve success in civil claims.
If you are going to be dealing with a disability for the rest of your life, or even for just a short time, you deserve to be represented by David E. Gordon, who could work tirelessly to ensure a positive resolution in your case. Call a Memphis spinal cord injury lawyer today to start discussing your options to recover compensation.