Spinal cord injuries (SCIs) are what the law calls “catastrophic” injuries. A catastrophic injury is one that causes permanent or long-lasting damage. When something damages the spine, it interrupts the signals between the brain and body. This can result in loss of function and sensation or paralysis in one or more limbs. Spine injuries typically occur in trauma, or impact to the spinal cord, in situations such as falls or car accidents. If you or a loved one has an SCI after any type of accident in San Jose, discuss your legal opportunities with Henshaw & Henry, PC.
“Spinal cord law” can refer to a few different types of legal claims depending on the circumstances surrounding the accident. It is important to understand what shape your claim would take, so that you can follow the applicable rules and deadlines for filing. Missing the deadline for your specific claim can take away your chances of filing. The sooner you talk to a lawyer about your SCI, the better. Here are a few possible lawsuit types after an SCI:
Dangerous and defective products can cause or contribute to spine injuries, such as a malfunctioning seatbelt that opens in a car accident. Car accidents are responsible for causing the majority (42%) of spinal cord injuries in the U.S. In a product liability suit against a manufacturer, you do not need to prove negligence. You must only show that the product has a defect, and that the product caused your injuries.
If you fell or otherwise injured your spine on someone else’s property, you may have a premises liability claim. Property owners have a duty to keep their properties free from unreasonable hazards. Oftentimes, property owners’ insurance companies are responsible for paying for injuries that occur on the premises.
An SCI in a vehicle crash, sports accident, recreational facility, or because of a medical error may be grounds for a negligence-based claim against the responsible party. Talk to a lawyer as soon as you suspect that an individual or entity may have caused your spine injury in any circumstances.
If you sustained an SCI while performing job-related tasks, contact Henshaw & Henry before filing your workers’ compensation claim. Accepting workers’ compensation benefits means that you give up your right to sue your employer in San Jose. A personal injury claim against your employer may be the better choice if your employer contributed to the accident; for example, if an employer failed to provide a fall protection device while you worked on a roof. Call our team as soon as you can after a serious, debilitating accident to learn your options.
Proving a spinal cord injury is due to someone else’s negligence, a defective product, or act of violence involves proving a number of factors. If your spinal cord injury involves negligence or violence, you must prove that the defendant in your case was responsible for the accident. The following elements must be satisfied to prove this case.
If your case involves a spinal cord injury due to a defective product:
Under California law, you can recover the following damages for a spinal cord injury.
If you suffered a spinal cord, and believe that someone else was responsible, contact a San Jose spinal cord injury lawyer.
Spinal cord injuries are more prevalent in the United States than one might realize. According to statistics from the National Spinal Cord Injury Statistical Center:
According to the National Spinal Cord Injury Statistical Center, the most common causes of spinal cord injuries are as follows.
Additional causes of spinal cord injuries include certain illnesses, such as polio and spina bifida, and industrial accidents.
At Henshaw & Henry, PC we connect injured people in need with attorneys who can help. When you contact us for a free consultation, you’ll almost always get to talk with one of our lawyers – not a paralegal or assistant. The attorneys are the ones who know the law and interact with judges and insurance companies. They are the legal professionals you want to talk to about something as serious as a spinal cord injury. Call (408) 533-1075 to get in touch with our San Jose office. Significant compensation for your SCI could be on the horizon.