You can sue for spinal cord and other types of injuries if someone else’s carelessness caused or contributed to the car accident that hurt you. The person we sue must be legally responsible for your injuries.
The Elements of Negligence
- Duty of care. The person we sue (the defendant) must have owed you a legal duty of care. Everyone who operates a motor vehicle on the streets has a duty to obey the laws and drive with caution.
- Breach of the duty of care. The at-fault driver must have violated her duty of care. When someone fails to live up to a legal duty of care, it is negligence. Let’s say that the driver ran a red light. Disobeying a traffic signal is negligence.
- The negligence must be what caused the accident that hurt you. For example, because the driver ran the red light (negligence), she crashed into a car that was in the intersection legally. The driver of the second car sustained injuries. The negligence was the thing that caused the wreck that hurt someone. These facts satisfy the causation and all other elements of liability for negligence.
Damages in Car Accidents
If you experienced a spinal cord injury from a car accident, you likely have injuries in addition to that damage. You can go after compensation for all of the losses you suffered from the accident, including these:
- Medical bills. Your settlement or award can include the reasonable cost of medical care that you need to treat your injuries, such as the ambulance, emergency room, hospital, doctors, prescription drugs, lab tests, imaging studies like x-rays and MRIs, surgery, intensive care unit, spinal cord injury rehabilitation facility, and physical therapy.
- Long-term care costs can add up to a small fortune, but sometimes people with spinal cord damage need ongoing daily assistance with medical treatments and personal care.
- Lost wages can be recoverable if you missed time from work without pay because of your injuries and recuperation time. This category can include wages, salary, average tips, self-employment, and other types of income.
- Intangible losses. Not all damages come with invoices. You can pursue losses like pain and suffering, disfigurement, loss of enjoyment of life, post-traumatic stress disorder (PTSD), and loss of consortium.
How Spinal Cord Injuries Can Affect Your Life
After a spinal cord injury, your life might never again be what it was. You might lose your ability to walk, stand, use your arms, or even breathe on your own. You might not be able to support yourself through gainful employment. You might need around-the-clock assistance. Your medical and care bills could be astronomical.
At the Montero Law Center, our calling is to help people who suffer harm because of the careless or wrongful acts of others. We want to help you and your family get the compensation you deserve so that you can rebuild your life. Call us today at 954-767-6500 for a free consultation.