Spinal cord injuries are some of the most debilitating injuries a person can experience. If this has happened to you, you may be unsure of who is responsible for your injuries, how to hold them accountable, and how your injuries may continue to affect your life in the future.
Although we do not have all the answers, an experienced San Diego spinal cord injury lawyer at the Simmrin Law Group can help you access the financial compensation you are entitled to when someone else is responsible for causing your injuries. Learn more about how to demand justice when you contact a San Diego personal injury lawyer for a 100% free consultation.
Common Types of Spinal Cord Injuries
Spinal cord injuries can take multiple forms. The type of spinal cord injury you are diagnosed with will not determine whether you are entitled to compensation. The impact your injuries have had on you emotionally, physically, and emotionally will.
With that in mind, some of the most common types of spinal cord injuries that may warrant an insurance claim or a civil lawsuit include:
- Complete spinal cord injuries – With a complete spinal cord injury, the spinal cord is severed. Paraplegia, quadriplegia, and a loss of movement and functionality are common.
- Incomplete spinal cord injuries – This is where the spinal cord is only partially damaged. Victims may be able to maintain sensation and movement depending on which part of the spine has been injured.
- Spinal cord fractures – When there is a crack in the spinal vertebrae, nerves can become damaged, impacting the victim’s feelings of sensation and compromising the spinal cord’s stability.
- Herniated discs – Herniated discs happen when the soft inner part of the disc pushes through the outer layer, which puts pressure on the spine’s nerves. These frequently cause loss of sensation, muscle weakness, and severe pain.
- Contusions – A contusion on the spinal cord means the spinal cord is swelling due to inflammation or bruising.
These are just a couple of examples of potential spinal cord injuries. If you were diagnosed with another type of back or spinal cord injury, and you are unsure what legal options are available to you, do not hesitate to contact a San Diego spinal cord injury attorney at the Simmrin Law Group to discuss your options further.
For a free legal consultation with a spinal cord injury lawyer serving San Diego, call (310) 896-2723
Top Causes of Spinal Cord Injuries in San Diego
Some of the most common types of accidents and events known for causing spinal cord injuries include:
- Motorcycle accidents
- Bus accidents
- Slip and fall accidents
- Car accidents
- Bicycle accidents
- Truck accidents
- Medical malpractice
- Construction accidents
- Nursing home abuse
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Recoverable Damages for Spinal Cord Injuries
You are entitled to total financial recovery when someone else is responsible for causing your spinal cord injuries. Some of these damages can be recovered through an insurance claim if the liable party has insurance coverage. Others can only be recovered by filing a civil lawsuit against the liable party.
Special Damages
Special damages are also commonly known as economic damages. These have a set monetary value which can be found through proper documentation. Some examples of special damages could include:
- Medical device costs
- Home accommodations, including installing wheelchair ramps for accessibility
- Loss of income and diminished earning potential
- Loss of household services
General Damages
General damages account for every way your entire life has been affected by your spinal cord trauma and the accident that caused your injuries. These do not have a monetary value, so they must be quantified by your spinal cord injury lawyer. Examples of potentially recoverable general damages or non-economic damages include:
- Mental anguish
- Psychological distress
- Embarrassment and shock
- Physical pain
- Loss of enjoyment of life
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Personal Injury Laws that Influence Spinal Cord Injury Settlements
Multiple personal injury laws could have an impact on your ability to pursue compensation for your spinal cord injuries and the amount you recover in your claim. Some of the most notable laws you should be aware of include fault insurance laws, pure comparative negligence, and the statute of limitations for personal injury claims.
Fault Insurance
California is a tort state. When you are involved in an accident, the liable party is responsible for compensating you for your damages. This also means when you are filing a claim with the insurance company, you will do so with the liable party’s insurance provider.
This means your insurance settlement is dependent on the types and amounts of coverage the policyholder purchases. It is not at all unusual for victims to find themselves dealing with an excess of damages the insurance company does not cover because the at-fault party does not have enough coverage to meet your needs. Thankfully, you can file a spinal cord injury lawsuit against them when insurance is insufficient.
Shared Liability
California follows pure comparative negligence laws. Sharing liability can affect your payout, but you will not be prohibited from recovering compensation. Under California Civil Jury Instructions (CACI) (2023) 405, even if you are 99% responsible for the accident, you will still be entitled to compensation for the 1% that is not your fault.
As you can see, if you share the blame for the accident, your award will be reduced in accordance with your percentage of culpability. Making sure your catastrophic injury lawyer ensures fault is assessed accurately in your case is especially important when you believe you may be accused of sharing the blame.
The Statute of Limitations
You must make sure your spinal cord injury attorney in San Diego, CA starts working on your case as soon as possible. According to California Code of Civil Procedure §335.1, the statute of limitations for any type of personal injury lawsuit expires two years from the date of the accident.
Of course, there may be extenuating circumstances in place that increase the amount of time you have to file your claim if the statute of limitations is temporarily paused. However, the best way to find out how much longer you have to file your lawsuit before time runs out is to have an experienced legal advocate handling your case.
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Connect with a Spinal Cord Injury Lawyer in San Diego, CA Today
Your spinal cord injuries may have had a substantial impact on your life and are expected to continue to do so. Do not be forced to cover the costs when someone else’s wrongful actions are the cause of your injuries.
Make them pay. Get started on your insurance and civil claims when you reach out to an experienced San Diego spinal cord injury lawyer at the Simmrin Law Group for a free, no-obligation consultation. You can reach us via our quick contact form to take advantage of this opportunity.
Call or text (310) 896-2723 or complete a Free Case Evaluation form