Initiating a Spinal Cord Lawsuit after a Slip and Fall Accident
If you or someone you love suffers a spinal cord injury through slip and fall, you should think about filing a spinal cord lawsuit to get compensation. People who suffer from a spinal cord injury (SCI) are among the most unfortunate. This type of injury can cause so much pain and affect one’s quality of life. In the most severe cases, a spinal cord injury can cause paralysis.
Spinal cord injuries are often a result of vehicular accidents, sports injuries, violent attacks, infections, birth injuries, and activities such as diving and trampoline. However, slip and fall accidents are the most common cause of spinal cord injuries.
Spinal cord injuries through slip and fall: by the numbers
A study conducted by the National Library of Medicine found that:
- 20% of fall-induced spine injuries are falls from slipping, tripping, and tumbling on the same floor
- People aged 61 years old and above fall more frequently on the same floor than others
- People aged 16-45 fall more frequently from buildings and are usually work-related
- High falls usually result in complete injury
- Low falls usually cause incomplete injury
Types of spine injuries
There are two types of spinal cord injuries: incomplete spine injury and complete spine injury. More than 60% of SCI are incomplete, thanks to medical professionals who were able to address the injury early on.
Incomplete Spine Injury:
This type of spine injury is incomplete because it may have affected only the spinal cord’s front, the cord’s center, or just one side of the spinal cord.
Complete Spine Injury:
There are four types: tetraplegia, paraplegia, triplegia, and quadriplegia Tetraplegia causes paralysis and affects every limb. Paraplegia results in complete loss of movement and sensation in the legs and lower body. Triplegia is a result of complications from an incomplete spinal cord injury. Quadriplegia is the paralysis of the arms and legs.
What are the signs and symptoms of an acute spinal injury?
A person suffering from a spinal injury may experience any of the following:
- Weakness of muscles
- Loss of voluntary muscle movement in the legs, arms, and other body parts
- Loss of bladder and bowel function
- Loss of feeling in the limbs
- Difficulty breathing
Against whom can you make a spinal cord injury slip and fall claim?
When you speak with a spinal cord injury attorney in PA, let them know all the facts and circumstances of your case. That way, they can determine who must be held liable to pay compensation for your injury and damage.
The usual defendants in a spinal cord injury lawsuit due to slip and fall are:
in case the victim is a worker who had a slip and fall accident during work hours or in the workplace.
in case the victim is a guest or client who had a slip and fall accident while doing business in the building.
in case the victim suffered a spinal cord injury after a slip and fall accident on an unsafe road or inside a public building.
if the host failed to maintain the property, resulting in a slip and fall accident that caused an injury to the guest’s spine.
What are the usual defenses in a lawsuit for spinal cord injury due to slip and fall?
The following are the usual defenses or counter allegations in a spinal cord lawsuit:
- The victim was not wearing proper footwear.
- The hazard was normal for any normal person.
- There were clear warning signs in the area.
- The victim was not paying attention or was distracted.
- The victim was not supposed to be in the area or was a trespasser.
Depending on the state where you are located, there could be laws regarding comparative negligence. Under the comparative negligence doctrine, the victim will be entitled to less compensation if it is proven that he was partly at fault for the accident and, thus, the injury he sustained.
Compensation in a spinal cord injury slip and fall lawsuit
Those who file a spinal cord lawsuit may be entitled to the compensation of the following:
- Medical bills, including surgery, rehabilitation, and medicines
- Lost income, including past and future wages, while you recover
- Lost opportunities and decreased quality of life
- Pain and suffering, such as emotional damage, mental anguish, PTSD
- Punitive damages, which shall be a penalty for the defendant’s gross negligence
It is important to note that a spinal cord injury is irreversible. And although the injury can be manageable, the adverse effects of the SCI on the victim can last for the victim’s remaining years. This is why the average settlement for spinal cord injury is a bit on the upper end. Nonetheless, you are required to prove your case as well as your entitlement to any damages prayed for.
What is the average settlement for spinal cord injury?
It’s challenging to give an average settlement for spinal cord injury because every case is different.
Statute of limitations in filing spinal cord injury claims
The statute of limitations refers to the time limit given to any complainant to exercise their right to file a claim or lawsuit. In personal injury cases such as a spinal cord injury claim, Pennsylvania provides for a two-year statute of limitations. This means that the victim (or his heir in case of death) may bring an action to recover damages for injuries or death within two years from the time of the accident, negligent or wrongful act, or unlawful violence caused by another.
There are a couple of exceptions to this rule. So, if you have been injured for over two years, you should still discuss this with a spinal cord injury attorney in PA.
Ethen Ostroff Law can connect you with an experienced spinal cord injury lawyer
Proving negligence in a personal injury case is crucial for victims to get the compensation they deserve! This is why at Ethen Ostroff Law, we commit to providing you access to an experienced spinal cord injury lawyer in PA or anywhere else in the United States who can handle your spinal cord lawsuit case with professionalism and wits. Contact us today at 610-510-8883 or click here to get a free consultation.