Paralysis is caused by damage to the spinal cord and/or brain, mostly caused in very traumatic and extreme vehicle accidents. There are instances where relatively minor accidents have caused paralysis as well. Paralysis in the workplace is not very common, although it does occur from time to time in heavy industrial settings where the person falls, or something falls on them causing permanent damage to the spinal cord.
There are many elements and factors that an injured party needs to consider before filing a personal injury lawsuit. Reach out to a seasoned attorney to learn about case considerations for a paralysis injury in Pascagoula.
Spinal cord injury causes paralysis, and the injured person must seek immediate medical intention as soon as possible. The faster that person is able to get treatment, the stronger likelihood of full recovery.
There are rare situations when a person may not realize they have a severe spinal cord injury, and injury worsens over time. It is essential that anyone injured in any kind of automobile accident should get a medical check-up just in case major issues flare up in a day or two after the accident. Something serious could be underlying the seemingly minor injury yet leave the person with permanent injuries if not treated immediately.
In the event that the injured party did not seek medical attention immediately after an accident, and this lack of medical care led to paralysis, months to years later when the case comes to court, the judge or jury could assign some kind of negligence to the injured person because they did have a duty to follow-up on medical treatment and to reduce their damages. This principle is called mitigation of damages, which essentially means that if they believed they were injured but did not receive treatment immediately, there could be liability assigned to that the injured person.
In a paralysis case or any other injury case, the attorney has to prove negligence against the offending party. That is done by gathering evidence at the scene, obtaining medical evidence, hiring experts, and doing all those basic things that lawyers do to establish liability.
If the injured party is negligent in some way, that does not bar recovery in the State of Mississippi, which is a comparative negligence jurisdiction. Our courts use a comparative negligence model, which allows the judge or jury to assign percentages of fault to all the parties involved in the accident. Even if the injured person is found to be partially at fault for their accident, they may still be able to recover compensation for damages. Their compensation award will be reduced by their percentage of fault.
Following an accident, it is best to retain the services of a skilled paralysis injury attorney. An experienced attorney could investigate the accident, collect evidence, and speak to witnesses to help prove the defendant’s negligence in court.
Call today to learn about the various case considerations for a paralysis injury in Pascagoula.