Spinal cord injuries can have life-altering consequences, affecting every aspect of a victim’s life, from physical mobility to emotional well-being and financial stability. Whether resulting from a car accident, fall, sports injury, or medical malpractice, these injuries often require extensive medical care and rehabilitation. At The Law Office of Michelle Gershen, we are dedicated to advocating for spinal cord injury victims in San Diego, ensuring they receive the justice and compensation they deserve.
Understanding Spinal Cord Injuries
A spinal cord injury (SCI) occurs when the spinal cord is damaged, disrupting the communication between the brain and the rest of the body. SCIs can result in partial or complete paralysis, loss of sensation, and other severe complications. The impact of a spinal cord injury can vary widely depending on the location and severity of the damage.
Common Causes of Spinal Cord Injuries
- Car accidents. One of the leading causes of SCIs, car accidents can result in severe trauma to the spine.
- Falls. Falls from heights or slip and fall accidents can lead to significant spinal injuries.
- Sports injuries. High-impact sports, such as football or gymnastics, pose a risk for spinal cord injuries.
- Medical malpractice. Surgical errors or improper medical treatment can also result in spinal cord damage.
Understanding the cause of the injury is crucial for determining liability and pursuing a successful legal claim.
Legal Rights of Spinal Cord Injury Victims
Victims of spinal cord injuries caused by another party’s negligence have the right to seek compensation for their damages. Understanding your legal rights and the process of pursuing a claim is essential to securing the compensation you need for recovery and quality of life.
Proving Negligence. To succeed in a spinal cord injury claim, it is necessary to prove that the defendant’s negligence directly caused the injury. This involves demonstrating that the defendant owed a duty of care to the victim, breached that duty, and caused the injury as a result. Common scenarios include:
- Car accidents. Negligent driving, such as speeding or distracted driving, can lead to accidents resulting in SCIs.
- Slip and fall accidents. Property owners who fail to maintain safe premises can be held liable for SCIs caused by hazardous conditions.
- Sports injuries. Coaches, schools, or organizations may be liable for failing to provide proper safety measures or equipment, leading to SCIs.
- Medical malpractice. Medical professionals can be held accountable for surgical errors or other negligent actions that result in spinal cord injuries.
Types of Compensation. Spinal cord injury victims may be entitled to various forms of compensation, including:
- Medical expenses. Coverage for current and future medical treatments, rehabilitation, and assistive devices.
- Lost wages. Compensation for lost income due to the inability to work, as well as future earning capacity if the injury affects the victim’s ability to work long-term.
- Pain and suffering. Compensation for physical pain, emotional distress, and diminished quality of life.
- Home modifications. Financial assistance for necessary home modifications to accommodate the victim’s new needs.
Steps to Take After a Spinal Cord Injury
If you or a loved one has suffered a spinal cord injury, taking immediate action is crucial to protect your health and legal rights. Here are the steps you should follow:
- Seek Medical Attention. The first priority after a spinal cord injury is to seek medical attention. SCIs can have serious and long-term effects, and prompt evaluation and treatment are essential. Follow your healthcare provider’s recommendations for treatment and rehabilitation.
- Document the Incident. Document the circumstances of the incident that caused the SCI. This includes gathering evidence such as photographs, witness statements, and any available video footage. Keep records of medical treatments, expenses, and any changes in your condition.
- Report the Incident. Report the incident to the appropriate authorities, whether it is law enforcement, an employer, or a property owner. An official report can provide valuable documentation for your claim.
- Consult an Attorney. Consulting an experienced attorney is crucial in navigating the legal complexities of a spinal cord injury claim. An attorney can evaluate your case, gather evidence, and advocate on your behalf to ensure you receive fair compensation.
Proven Strategies for Success
At The Law Office of Michelle Gershen, we employ proven strategies to build strong cases for spinal cord injury victims. Our comprehensive approach includes:
Thorough Investigation. We conduct a thorough investigation to gather evidence and establish the facts of the case. This involves reviewing medical records, interviewing witnesses, and consulting with medical and accident reconstruction professionals.
Establishing Liability. We work diligently to prove the defendant’s liability by demonstrating negligence and establishing a direct link between their actions and the spinal cord injury.
Calculating Damages. We accurately calculate the full extent of your damages, including medical expenses, lost wages, and non-economic losses. Our goal is to secure a settlement or verdict that reflects the true impact of the spinal cord injury on your life.
Negotiating with Insurance Companies. Insurance companies often attempt to minimize their payouts. Our attorneys are skilled negotiators who will advocate on your behalf to ensure you receive fair compensation.
Litigation. If a fair settlement cannot be reached, we are prepared to take your case to court. Our experienced litigators will present a compelling case to the judge and jury, aiming to secure the compensation you deserve.
Choosing The Law Office of Michelle Gershen
Selecting the right attorney to represent you in a spinal cord injury case is a crucial decision. At The Law Office of Michelle Gershen, we bring extensive knowledge, dedication, and a client-centered approach to each case we handle. Our track record of successful outcomes and satisfied clients speaks to our commitment to achieving justice for spinal cord injury victims. Visit our website or call (619) 492-5526 for more information or to schedule a consultation.