Few things are more terrifying after a motorcycle accident than to learn that you have a spinal cord injury. It is easy to think the worst that you will never walk again or enjoy what had been a normal life for you.
You might be facing multiple surgeries and many months of rehabilitation and physical therapy. While you are out of work, your medical bills and living expenses add up, which increases your stress. You will likely have to file a lawsuit to get the compensation you deserve.
How Motorcycle Accidents Can Cause Spinal Cord Injuries
Motorcycle accidents have a high rate of severe injuries for several reasons:
- You do not have the physical protection of the car surrounding you, so whatever hits you will make direct and immediate contact with your body.
- When something strikes your motorcycle, you will go flying through the air. When you land, the impact will compound the injuries you already suffered in the collision.
Most likely, whatever hit you had a larger mass than your motorcycle. The greater the mass, the greater the force on your body.
According to the Mayo Clinic, traumatic spinal cord injury can happen when your spine experiences a sudden impact that fractures, crushes, compresses, or dislocates your vertebrae. Motorcycle crashes can cause these kinds of damage to your spinal cord.
Elements of Liability
To hold someone responsible for your losses, they must be liable under the law. If someone’s carelessness caused your motorcycle accident, we will have to prove all three of these elements:
- Duty of care. The person who is at fault must have owed you a duty of care. If the careless person was driving a motor vehicle, there is an automatic duty of care. All drivers have a legal duty to operate their motor vehicles with caution and according to the law.
- Breach of the duty of care. When someone fails to live up to the standard of the legal duty of care, it is negligence. Let’s say that the person who struck you lost control of his vehicle because he was speeding. He violated his duty of care and was thereby negligent.
- The negligence has to be the factor that caused the accident and your injuries. This scenario satisfies all three elements of liability. The driver’s negligence in failing to operate his motor vehicle with caution and according to the law was the thing that caused the accident that harmed you.
How a Spinal Cord Injury Can Change Your Life
A spinal cord injury can be catastrophic. In other words, this type of harm can be life-threatening or can change your life as you have known it.
In a best-case scenario, after the swelling around the spinal cord dissipates, the patient might undergo months of spinal cord rehabilitation, treatment, and physical therapy and eventually regain normal functioning. For many people, however, the outlook is not positive.
Many people who suffer spinal cord injury have partial or full paralysis for the rest of their lives. Paralysis might be on only one side of the body or bilaterally. You can have paralysis in your legs, your arms, or both your arms and legs.
Some people cannot breathe on their own after a spinal cord injury. Many everyday bodily functions can require intervention and assistance.
Damages in Spinal Cord Injury Cases
Every case is unique, and the facts of your situation will determine the damages you can collect. Here are some of the common categories of compensation for spinal cord injury after a motorcycle accident:
- Medical bills, rehabilitation center, physical therapy, long-term medical interventions, and daily assistive care.
- Lost wages, lower future earning potential, and disability.
- Modifications to your home, equipment like wheelchairs and breathing equipment, and adaptive vehicles.
- Pain and suffering, loss of enjoyment of life, depression, post-traumatic stress disorder (PTSD), and loss of consortium.
Getting Legal Help After a Motorcycle Accident Spinal Cord Injury
If you have suffered a spinal cord injury from a motorcycle accident, you might have astronomical lifetime costs. To speak with an experienced motorcycle accident spinal cord injury lawyer, call the Montero Law Center at 954-767-6500, and get a free consultation.
We do not charge upfront legal fees. Our legal fees will come out of your settlement or award. We can take care of your legal matters when you sue for spinal cord injury after a motorcycle accident so that you can focus on your health.