Spinal cord injuries can be the result of a serious fall, sports accident, auto collision, or medical error. If another person’s negligence caused damage to your spine in an accident, a Barrie spinal cord injury lawyer could help you obtain the compensation you may be entitled to. One of our well-practiced catastrophic injury lawyers could determine who may be responsible for your spinal injuries, advise you on how to collect accident benefits from an insurance company, and help you file a tort claim if necessary.
The long-term consequences of a spinal cord injury will depend on whether the damage to the spine is complete or incomplete. With a complete spinal cord injury, all function and feeling are lost in the region below site of injury. An incomplete spinal cord injury means that someone may still retain some feeling or functionality beneath the injured area.
A spinal cord injury commonly results in paralysis of one or more limbs, one or both sides of the body, and even from the waist down. Spinal cord injuries can result in quadriplegia, which is total loss of mobility in all limbs and loss of sensation from the neck down. Backbone injuries can also result in other physical challenges, including sexual dysfunction, inability to manage urination or bowel movements, distorted equilibrium, and respiratory troubles.
A lawyer in Barrie could advise you on recovering your economic damages resulting from the spinal cord injury. Economic damages refer to costs such as surgery expenses, hospital bills, medical device installations in your home or vehicle, and wage loss. These damages may be recovered through your own Accident Benefits insurance policy, depending on how you became injured.
To hold someone liable for a spinal cord injury, you must prove that the defendant acted negligently and thereby caused an otherwise avoidable accident. If the defendant acted in a way that recklessly endangered others and injured the plaintiff as a result, they could be required by a civil court to reimburse the claimant’s pain and suffering and loss of enjoyment of life.
When someone’s spinal injury is caused by medical negligence, the burden of proof is on the plaintiff to show that the care provided by the physician fell below the appropriate standard. Furthermore, a doctor’s failure to apply the medically accepted standard of care must correlate directly with the plaintiff’s spinal cord injury to qualify the victim to damages which are not covered by their Accident Benefits insurance.
Under Ontario law, a person who has suffered a spinal cord injury can recover compensation from the defendant even they are partially responsible for their own damages. The compensation you can recover when you contribute to your own spinal cord injury is based on your assigned percentage of fault. For instance, if you are 10 percent responsible for the accident that caused your spinal cord injury, you could still collect 90 percent of your compensable damages.
A Barrie spinal cord injury lawyer could help assert your right to recovery for the losses you have endured as a result of someone else’s negligence. Rastin Trial Lawyers are prepared to work relentlessly to secure the highest possible award of damages from the liable party. Call now to arrange your case consultation and learn more about how a Barrie lawyer can help you.
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