Catastrophic Injury Attorneys Representing Fort Myers Residents
Car crashes and other accidents can lead to devastating, long-term injuries, including spinal cord damage like paralysis. Paralysis can interfere with every aspect of your day-to-day life. If you or someone close to you has sustained a spinal cord injury due to the negligence of another person or entity, we can help. At Lusk, Drasites & Tolisano, our zealous Fort Myers catastrophic injury lawyers can guide you in seeking the compensation you deserve for your harm.
Asserting Your Right to Compensation for Paralysis
The National Institute of Neurological Disorders and Strokes (NINDS) reports that there are approximately 10,000 to 12,000 spinal cord injuries each year in the United States. According to NINDS, 40 percent of these events happen as a result of motor vehicle collisions, including car, truck, motorcycle, or pedestrian accidents. Other common causes of spinal cord injuries include medical errors, slip and fall accidents, acts of violence, or being struck by an object.
Paralysis is generally defined as the loss of the ability to move part or most of the body. Most often, it is the result of a sudden injury to the brain or the central nervous system, or both, which interferes with the way that the brain sends messages to the muscles. There are several forms of paralysis, and it can develop incrementally over time.
Accident victims who suffer from paralysis may be able to file a negligence claim against any at-fault party. Negligence takes place when an individual or entity fails to exercise reasonable care in its actions or omissions, causing harm to someone else. There are four basic elements that must be shown in order for a plaintiff to be able to recover damages.
First, a plaintiff must establish that he or she was owed a ‘duty of care’ by the defendant. This means that the defendant was obligated to take a certain degree of precaution to avoid putting the plaintiff or people like the plaintiff at risk. For example, drivers on the road owe other drivers a duty to obey traffic laws and drive in a safe manner.
Second, a plaintiff must show that the defendant violated the duty of care. Using the earlier example, a driver who speeds excessively or runs a red light probably would be violating the duty of care. Third, the plaintiff must show that the defendant’s violation of the duty of care was the direct and proximate cause of the plaintiff’s injuries. Last, the plaintiff must show that he or she suffered quantifiable damages as a result.
A paralysis victim may be entitled to both economic and non-economic damages. Economic damages typically include medical expenses, future medical expenses, rehabilitation costs, lost income and benefits, and property damage. Non-economic damages may include pain and suffering, mental anguish, and loss of enjoyment.
Protect Your Rights by Consulting a Catastrophic Injury Lawyer in Fort Myers
Our skilled Fort Myers catastrophic injury attorneys understand how devastating paralysis can be for you and your entire family. At Lusk, Drasites & Tolisano, we will meticulously investigate the details of your situation and work closely with you at each stage of the legal process. We also assist victims and their families in cities such as Naples, Port Charlotte, Lehigh Acres, and Sarasota. Call us toll-free at (800) 283-7442 or contact us through our online form for a free consultation if you need a car accident attorney or guidance with any other type of personal injury claim.