A severe injury to the head or spinal cord can cause paralysis, leaving you or a loved one partially or completely immobile. In the case of paralysis following an injury, you might not understand the medical and legal issues or know how to hold the responsible party accountable.
A Colleyville paralysis injury lawyer could help you document your harm and file a claim against the person who caused your accident. Our catastrophic injury lawyers could also use their expertise to pursue the compensation you deserve.
What Are Paralysis Injuries?
Paralysis injuries can vary greatly and result from many different causes. An attorney familiar with these injuries can determine how the injury occurred and who might be liable.
Types of Paralysis
Monoplegia affects just one limb or area, while hemiplegia affects the entire side of the body. Likewise, paraplegia affects the lower half of the body, while quadriplegia affects all four limbs and the torso. Each of these injuries qualifies as complete or incomplete: some cause only partial loss of function, and others cause total loss.
Causes of Paralysis
Paralysis frequently results from a physical blow to the head, an injury to the spinal cord, or a stroke. These injuries can happen in any of the following incidents:
- Motor vehicle collisions
- Sports injuries
- Slip and falls
- Workplace accidents
- Medical malpractice
Depending on the cause, the responsible party could vary from an individual to a business or healthcare organization. Determining who is responsible for a paralysis injury is simpler with a skilled attorney in Colleyville.
For a free legal consultation, call (817) 775-5364
Making a Claim for Compensation Based on Paralysis Injury
A claim for damages resulting from paralysis falls under Texas negligence law, which requires an injured person to prove specific elements and follow strict filing guidelines.
Statute of Limitations for an Injury Claim
An injured person must file their claim within two years of the injury, as established by Texas Civil Practice & Remedies Code Section 16.003. Certain circumstances can extend that period—such as the delay of the statute of limitations for someone younger than 18 years old set up by Texas Code Section 16.022—and some actions must be brought earlier than the standard two-year window. Speaking with a diligent Colleyville lawyer after paralysis will give the injured person the best chance of financial recovery.
Negligence Liability in Texas
Proving a claim for an injury requires demonstrating negligence, including the following four elements:
- Duty of care, as in a driver who has a duty not to cause a car accident
- Breach of the duty, such as behavior outside of what a reasonable person would do
- Causation of the injury, as opposed to an intervening event that caused the injury
- Damages, in this case, the paralysis and the associated costs
As paralysis can grow from another injury, more medical documentation can help show that the initial injury caused the paralysis. Enlisting the help of a legal team member and a medical provider’s expertise can ensure a successful claim.
Damages and Comparative Negligence
The possible damages from a paralysis injury claim can represent economic and non-economic losses. Economic damages include medical costs, home modifications and accommodations, lost wages, and loss of future earnings. On the other hand, non-economic damages can include pain and suffering, loss of consortium, loss of enjoyment of life, and even emotional distress.
However, Texas has a system of comparative negligence that reduces possible damages. Texas Code Section 33.012 establishes that the percentage of fault will reduce the damages owed to a victim who partially caused their injuries. Furthermore, Section 33.001 creates a barrier to recovery of 50 percent. When an injured plaintiff is more than 50 percent responsible for their injuries, they cannot recover any compensation.
Colleyville Paralysis Injury Lawyer Near Me (817) 775-5364
Call a Dedicated Colleyville Attorney to Discuss a Paralysis Injury
When paralysis results from an injury to you or a loved one, your entire life can change drastically. Continued medical care and many costs can pile on top of the emotional and psychological toll.
Working through your case with a Colleyville paralysis injury lawyer can reduce uncertainty, and a lawyer can guide you through claiming damages. Talk to a lawyer to discuss your case as soon as possible.
Call (817) 775-5364 or complete a Free Case Evaluation form