Paralysis cases are unique and require numerous experts, including treating physicians, accident reconstructionists, and other medical and economic experts to determine the full scope and liability of the accident. A lot of fact gathering and work up is performed by an experienced paralysis attorney.
The role of a catastrophic injury lawyer in a paralysis case is to hold the negligent party legally responsible and to maximize monetary recovery as much as possible for the injured claimant. No amount of money can fix devastating, irreparable paralysis, but it can provide medical care and personal assistance a paralyzed person will need today and into the future. Speak to a skilled attorney to learn about the unique aspects of a Pascagoula paralysis injury case.
There are four types of paralysis: Monoplegia, Hemiplegia, Paraplegia, and Quadriplegia. The difference between the four is the functionality of the person. Quadriplegia is paralysis or impairment to the motor-sensory function of all four extremities, meaning the arms and the legs. Those who have quadriplegia cannot function below the neck. People with quadriplegia are going to need full-time assistance in varying degrees.
Paraplegia is impairment of motor or sensory function of the legs and lower body. People with paraplegia are usually able to function above the waist normally, but there are also varying degrees of paraplegia.
Hemiplegia is less common but affects one arm and one leg on the same side of the body. Monoplegia affects one arm and one leg.
Paralysis will typically leave the person confined to a wheelchair permanently and unable to work except at a basic desk job. A person with quadriplegia is almost always going to be unable to perform any kind of basic daily functions or any work, but paraplegics are able to function and carry on basic daily living with some assistance of a wheelchair and are able to drive and work full-time jobs.
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 more likelihood of full recovery.
There are rare situations when a person may not realize they have a severe spinal cord injury and it deteriorates over time. It is important that anyone injured in any kind of automobile accident should get a medical check-up just in case something flares up in a day or two after the accident. Something serious could be going on and leave the person with permanent injuries if not treated immediately.
If a paralyzed person obtained a disability policy prior to the tragic accident, they may have some help with regard to living expenses, however, many people do not have these plans. Further, there may not be any life insurance available for somebody that is paralyzed from an accident. Insurance companies avoid insuring people who are paralyzed.
However, working with an experienced attorney, a paralyzed person and their family can formulate a life care plan with the assistance of experts, who can prepare an analysis of future costs to care for the paralyzed person for the rest of their life. This shows the future costs of medical care and treatment, as well as everyday care, for the injured person and what that person’s life expectancy is going to be.
The life care plan determines what the settlement value or potential jury verdict would be. The attorneys will try to work toward putting together a good settlement demand or trying to express to a jury what it would actually cost to care for the person.
For a paralysis injury case, the at-fault party has to be negligent in their actions, and without proving negligence, there can be no liability. Mississippi is a comparative negligence state and assigns a percentage of loss to all the individuals that were involved in the accident. In the case of paralysis, where the injured party is a passenger, the negligence could be assigned to the driver of the vehicle in which the paralyzed person was in.
Often, there are cases of a single-vehicle accident where the driver becomes paralyzed due to their own actions at the time to cause the accident. In that case, there may be uninsured or underinsured motorist coverage to help cover the injury. Those issues would have to be worked out within the terms of the insurance policy.
Following an accident, a skilled paralysis injury attorney would conduct an investigation and gather the necessary evidence to prove their case. The gathering of evidence is done by the lawyer and their staff by obtaining the injured claimant’s medical records and billings, subpoenas, requests for production, as well as interrogatories.
Other evidence that could be used in a paralysis injury case includes:
It is important that the attorney is an experienced catastrophic injury lawyer who understands the injury and what it will take to compensate the victim for their losses and holding the responsible person accountable. The attorney should have experience working with families and presenting the evidence in the best way possible to maximize recovery. The use of physical rehabilitation experts, medical doctors, life care plan experts, and economists, and other types of experts that are involved in these cases to maximize recovery for the injured person. Reach out to a seasoned attorney to learn about the unique aspects of a Pascagoula paralysis injury case. Call today.