A spinal injury can have life-altering consequences for the victim and their loved ones—from the physical and emotional pain to the financial burden and ongoing care, seeking justice matters. With the aid of an injury lawyer in Edmonton, they can provide invaluable assistance during such challenging times.
In this article, we will explore how an injury lawyer can help those affected by spinal injuries navigate the legal process. Whether it’s holding negligent parties accountable or securing financial support, the expertise of an injury lawyer can make a difference.
Spinal Injuries: Types, Causes, and Long-Term Effects
A spinal injury refers to damage or trauma to the spinal cord, a vital part of the central nervous system. Spinal injuries can have severe and long-lasting consequences, often resulting in sensory and motor function loss below the injury site.
The symptoms experienced by individuals can greatly differ. Incontinence, pain, and paralysis are various manifestations that occur.
Incomplete Spinal Injury
An incomplete spinal cord injury (SCI) occurs when there is partial damage. This leads to a partial disruption in the transmission between the brain and muscles. The signals cannot reach their intended destinations when the neural pathways are damaged.
In cases of incomplete spinal cord injury, some neural pathways at the level of damage remain intact. Individuals can retain some degree of sensation or motor control in areas below the injury site.
Causes:
- Motor vehicle accidents
- Falls
- Acts of violence
- Contact sports injuries
- Gunshot wounds
As long as the SCI is incomplete, functional improvement is still possible. Engaging in rehabilitative therapies allows individuals to receive specialized treatment. These treatments are expensive and require time.
Complete Spinal Cords Injury
A complete spinal cord injury happens when there is damage to all neural connections at the injury site. This type of injury is considered the most severe form. Only sensation and motor control at and above the injury level remain unaffected.
The extent of paralysis depends on the level of the injury. Complete spinal cord injuries can result in quadriplegia or paraplegia. The higher the level of the injury, the greater the number of body areas affected.
Causes:
- Car accidents
- Falls
- Sports-related incidents
- Acts of violence
Treatment for complete SCI can depend on the case. The overall impact of such can add financial burden to the victim, take much of their time, and disrupt their daily life.
Rights and Protection of Victims
Individuals who have suffered spinal injuries due to negligence or wrongdoing can have legal rights and protections to seek compensation and justice. Some key aspects related to legal rights and protections are as follows:
Personal Injury Lawsuit
Personal injury refers to the harm experienced by an individual due to another person’s negligent or intentional actions. In Canada, the laws about personal injury encompass common law, federal legislation concerning insurance and negligence, and provincial or territorial laws related to insurance and negligence.
These are some common scenarios where individuals can seek legal recourse to seek compensation for their damages. The specific legal principles and regulations applicable to each case can vary depending on the jurisdiction and the incident’s circumstances.
Statue of Limitation
Generally, there is a two-year time frame for claiming an injury or accident. There are exceptions to this limitation period depending on the specific circumstances:
- Motor Vehicle Accidents: For car accidents, you have two years from the date of the accident to initiate a lawsuit.
- Slip & Fall Claims: In the case of slip and falls, you have two years from the incident date to commence a lawsuit.
- Other Injuries: The two-year limitation period can start later for other injuries. This applies when it was not immediately evident that someone had caused the injury. For instance, if you undergo a medical procedure but only discover months or years later that the physician committed malpractice.
Insurance Coverage
Spinal injury victims can be eligible for insurance benefits, including medical coverage, rehabilitation support, income replacement, and disability benefits. These benefits can be available through private insurance policies or government programs.
Edmonton Injury Lawyers
Injury lawyers in Edmonton who specialize in handling spinal injury cases possess specialized knowledge and experience essential for effectively representing clients.
Understanding of Spinal Anatomy and Injuries
Injury lawyers have an understanding of the anatomy of the spine. They are well-versed in the types of spinal injuries that can occur, such as fractures, herniated discs, spinal cord compression, and damage to nerve roots. This knowledge allows them to assess the medical aspects of the case and work effectively with medical professionals and expert witnesses.
Experience in Medical Malpractice Claims
Spinal injury cases often involve medical malpractice allegations, such as surgical errors, misdiagnosis, delayed treatment, or negligence in post-operative care. Injury lawyers have experience handling medical malpractice claims.
They assess if healthcare providers met the legal standards of care and determine if negligence caused the spinal injury by collaborating with medical professionals. This expertise helps them effectively navigate the complexities of medical malpractice litigation.
Knowledge of Personal Injury Laws
Injury lawyers deeply understand personal injury laws and regulations. They are familiar with the legal principles, statutes of limitations, and standards of proof applicable to personal injury claims. This knowledge enables them to provide accurate advice, assess the viability of a claim, and guide clients through the legal process.
Negotiation and Trial Experience
Experienced personal injury lawyers possess strong negotiation skills and trial experience. They advocate for clients in settlement negotiations and represent them in court if the case proceeds to trial. Their expertise in evidence presentation, witness cross-examination, and persuasive legal arguments ensure fair compensation for spinal injury victims.
How a Spinal Injury Lawyer Assess The Case
Every injury experienced by a victim is unique and requires a tailored approach. Experienced lawyers rely on their expertise to assess and handle these cases effectively. While specific strategies can vary, they typically follow some general steps in assessing such injuries.
Obtaining a Spinal Cord Injury Diagnosis
Spinal cord injuries are complex and can not be immediately apparent to others. Following an accident, you can appear unaffected, but you could be experiencing a spinal cord injury that requires attention. These injuries can have diverse manifestations and impact various aspects of your life.
They can result in motor impairments and sensory changes and affect bodily functions. Some individuals can experience paralysis, while others can have difficulties with coordination or sensation.
Insurance companies can ignore spinal cord injuries without unbiased proof and a precise diagnosis. Lawyers will seek a proper diagnosis to ensure your injury is recognized and considered for fair compensation.
Consult a Professional
Lawyers seek specialized expertise and professional reports to assess the impact of a spinal cord injury. They collaborate with spinal cord injury professionals, including neurologists and physiatrists. These professionals conduct thorough evaluations and tests to determine the effects of your injury. Their assessments offer insights into your injury, guide treatment and rehabilitation, and aid in securing fair compensation.
Assess Its Impact on the Victim
Once you receive a diagnosis and prognosis for your spinal cord injury, assessing how it will affect your future is important. Functional testing, conducted by an Occupational Therapist, assesses your abilities, limitations, and the impact of fatigue on your daily activities. This assessment provides a clear understanding of your care and housekeeping needs.
Lawyers can engage a vocational consultant to assess your abilities after a spinal cord injury with your pre-injury capabilities. It’s essential to recognize that even if you have returned to work, you can still be eligible to claim compensation.
Your injury can result in increased fatigue, challenges, and reduced ability to work overtime. You can face difficulties receiving promotions, raises, and finding new employment compared to your healthier colleagues. Effective litigation can translate these factors into monetary compensation.
Compensation Victims Receive
Spinal injury lawyers play a role in accurately calculating damages to ensure fair compensation. Their objective is to consider the comprehensive expenses of improving the client’s quality of life after an accident.
Compensation for spinal injuries is often significant, and much is at stake. Various types of serious personal injury cases have different compensation. In general, these are some compensation victims can receive, but note that it can be on a case-to-case basis.
Medical and rehabilitation benefits are among the most common types of benefits. These benefits cover expenses related to physical and psychological rehabilitation. They also cover medication, ramps, adaptive clothing, supplies for daily living activities, and skin care.
Claimants can receive reimbursement for expenses incurred in hiring an aide or attendant through attendant care benefits. Attendant care benefits also cover the cost of long-term health facility stays or home care.
Additional benefits available to spinal cord injury victims include:
- Transportation costs
- Case management services,
- Housekeeping and home maintenance benefits
- Income replacement benefits
- Visitor expenses
- Lost educational expenses
- Miscellaneous expenses
Hire an Experienced Personal Injury Lawyer Today
If you have suffered a spinal injury, seeking justice and fair compensation matters for your well-being and future. An injury lawyer can provide the expertise to navigate the legal complexities, calculate damages accurately, and advocate for your rights. Their knowledge and experience can help you secure compensation for your injuries, lost income, and pain and suffering. Don’t face the challenges alone – consult with an experienced injury lawyer to ensure your rights.
If you require experienced and trustworthy legal representation, contact Sidhu Personal Injury Lawyers in Edmonton. Our committed team can address your inquiries, assess your case, and advocate for the compensation you deserve. Take action today and schedule a consultation with our injury lawyer in Edmonton to initiate the process toward justice.
