Westbury Spinal Cord Injury Lawyer
If you are struggling to overcome a spinal cord injury, you understand the physical and mental toll it can take on your life. The often sudden and unpredictable nature of such a severe injury can make it difficult to take legal action and deal with insurance companies.
Fortunately, a compassionate Westbury spinal cord injury lawyer could help you handle the process of seeking recovery. As an experienced catastrophic injury attorney, they could review your case and help you understand the procedures associated with obtaining compensation.
Establishing Liability for a Damaged Spine
Most civil lawsuits, including those involving spinal cord injuries, result from another party’s reckless behavior. Under the legal definition, negligence dictates how and when a person can be civilly liable for committing an unintentional tort.
A spinal cord injury victim seeking a personal injury case based on negligence must prove the following elements:
- The defendant owed them a duty of reasonable care
- The defendant failed to uphold this duty of care
- The defendant’s misconduct caused the plaintiff’s injuries
- The plaintiff suffered damages as a result of their injuries
When engaging in any activity, especially those that could be potentially dangerous to others, people are legally obligated to act in a way that does not put others at an unnecessary risk of harm. Professionals such as doctors and lawyers may have heightened standards, but ultimately, everyone is charged with this legal duty of care.
Another party’s breach of care must cause a claimant’s injuries in order for them to qualify for compensation. A plaintiff must also prove that they suffered harm in the form of recoverable monetary and intangible damages. A Westbury backbone injury attorney can help an injured party collect the necessary evidence to prove these elements of negligence.
Recoverable Damages for Vertebrae Injuries
Plaintiffs may seek property, economic, non-economic, and punitive damages for their spinal cord injuries. New York Civil Practice Law and Rules § 214 imposes a three-year statute of limitations for personal injury lawsuits seeking recovery for bodily injury and property damages.
Courts may award punitive damages to punish a defendant for particularly egregious behavior. For instance, wanton negligence or reckless disregard for others’ rights may result in an award of punitive damages. Economic damages may cover medical bills, lost wages, and other monetary losses suffered as a result of a spinal cord injury.
Non-economic damages, such as pain and suffering and loss of enjoyment of life, can be more difficult to measure. These damages may require an insurance adjuster, judge, or jury to determine their value. A judge may discern non-economic damages using factors such as:
- The severity of the injury
- The need for future rehabilitation
- Similar cases in that jurisdiction
- Loss of ability to perform daily activities
A spinal cord injury lawyer in Westbury may assess an injured party’s case to evaluate what damages may be available to them.
Consult a Westbury Spinal Cord Injury Attorney Today
As medical and financial pressures increase, the last thing you may be thinking about is how to approach your legal recovery. Dealing with insurance companies and legal procedures could be overwhelming without a seasoned professional. A Westbury spinal cord injury lawyer could assist you through this daunting process, so call now for a case consultation.