Spinal Cord Injuries
Legal Guidance for Accident Victims in the Fort Myers Area
The National Spinal Cord Injury Statistical Center reports that there are an estimated 12,000 new cases of these accidents every year in the United States. Additionally, approximately 270,000 individuals nationwide currently suffer from spinal cord injuries. They can result from automobile accidents, slip and falls, medical malpractice, construction accidents, sports injuries, and violent crimes. If you or someone close to you has suffered this type of harm, you may need to speak to a knowledgeable injury attorney who has helped accident victims in Fort Myers and other Florida cities. At Lusk, Drasites & Tolisano, our team has helped many individuals resolve their claims, and we can help you as well.
Holding Negligent Parties Accountable for Your Damages
A victim can sustain a number of different spinal cord injuries, including herniated disk, crushed vertebrae, spinal cord compression, and fractured spine. These events often can lead to paraplegia, and in the most severe cases, quadriplegia. Paraplegia is defined as the paralysis of the lower half of the body, such as both legs, due to an injury to the spinal cord. Quadriplegia is defined as the paralysis of the body below the neck. Put another way, quadriplegia renders an individual unable to move his or her arms or legs. In some cases, the individual cannot even move his or her neck.
When the negligence of another person or entity causes a spinal cord injury, the victim can potentially seek compensation from the at-fault party under the theory of negligence, which is the failure to exercise reasonable care in one’s actions or omissions. In the ordinary context, reasonable care refers to the duty to act prudently in a given situation. There is a more specific standard of care in medical malpractice cases and similar incidents of negligence by a professional.
To succeed on a negligence claim, an injured individual typically must establish the following elements:
- The defendant owed the plaintiff a duty to exercise reasonable care;
- The defendant violated this duty by engaging in careless behavior;
- The defendant’s failure to use reasonable care was the direct cause of the accident, which must have been reasonably foreseeable; and
- The plaintiff must have incurred actual damages that are not too speculative.
The medical costs of serious spinal cord injuries can be extremely overwhelming. Most spinal cord injuries will require life-long treatment and care, which may include multiple procedures as well as ongoing day-to-day care. As a result, an individual with a spinal cord injury may be able to seek damages from an at-fault party for medical expenses, rehabilitative costs, therapy costs, lost income, pain and suffering, loss of consortium, and more.
Protect Your Rights by Enlisting a Fort Myers Attorney for Your Injury Claim
We understand that dealing with a spinal cord injury is not easy. It can affect your quality of life as well as your ability to hold a job. At Lusk, Drasites & Tolisano, our diligent Fort Myers lawyers have years of experience helping victims of car accidents as well as slip and falls and other preventable events. You can rest assured that we are familiar with this area of the law and can put this knowledge to use in your case. We represent injured individuals throughout Collier and Lee Counties, including in Cape Coral, Naples, and Sarasota. For more information, do not hesitate to call us toll-free at (800) 283-7442 or contact us through our online form today.