Why do Spinal Cord Injuries Require an Experienced Lawyer?
When it comes to Spinal Cord Injuries, insurance companies won’t tell victims is adding further mental anguish to an already complex medical claim.
This Shaked Law Resource article covers Spinal Cord Injuries. Throughout, we’ll explore information that victim’s may miss post accident. This informative article can help those who sustain a Spinal Cord Injury determine the best course of legal action. Furthermore, this article touches on what to expect when it comes to the compensation that may be available post neck and spine injury.
How is Spinal Cord Injury related to the Central Nervous System?
Spinal Cord Injuries (“SCI”) as a result of accidents cause damage to the central nervous system (“CNS”). The central nervous system itself is deep within the spinal cord. The CNS is responsible for everything from feeling hunger to breathing. An SCI can be devastating. That’s because the injuries resulting from damage to the spinal cord prevent the central nervous system from conveying signals to the brain appropriately.
These CNS signals control everything. From bodily sensation, the ability to breathe, eat, walk, run, jump, to thinking, and life skills. When these signals are interrupted because the spinal cord suffers an injury, this is traumatic to the body. Any SCI is, from both medical and legal standpoints, to be catastrophic. Violent acts such as a blow to the spine from a gunshot or sports injuries such as football tackles are common causes of SCI.
Can birth defects cause SCI?
Sometimes, children are born with Spinal Cord Injuries that causes developmental delays. These are delays such as Cerebral Palsy, paralysis from birth or shortly after from improper birthing methods, or a number of genetic defects. These birth defects, if another person causes them, could mean a family receives compensation. A lawyer familiar with the laws surrounding specific childhood SCI is necessary in these cases.
What is a catastrophic injury?
Under normal circumstances, it’s well established that surgical mistakes usually fall under Medical Malpractice or Medical Negligence. Each of these cases is depends upon the specifics of the injuries. Not every injury is catastrophic, but some are. The only way to determine the severity of an injury is with proper medical advice. On the legal side, any details of Medical Malpractice cases require private consultation with a Board Certified Personal Injury lawyer.
There are three ways lawyers are able to determine if injuries are catastrophic:
- Medical malpractice. This can be healthcare provider negligence, a doctor’s misdiagnosis or failure to diagnose, or a surgical error. Any failure to uphold the standard of care can result in extreme bodily injury. Injurious behavior due to medical negligence can even lead to wrongful death. For this reason, medical malpractice is catastrophic.
- Product liability lawsuits. These lawsuits arise when defective products reach consumers before a manufacturer can fix the problem. If a defective car is on the market and brakes fail, this defect causes injuries or fatalities. A car being defective is so extreme, it would classify any injuries sustained as a result catastrophic.
- Traumatic Brain Injury and Spinal Cord Injury are two of the most catastrophic injuries. These injuries can be the result of car accidents, motorcycle accidents, or Negligent Security accidents. Sustaining a TBI or a Spinal Cord Injury is always catastrophic. No matter the circumstances under which these injuries occur, a victim endures pain and suffering.
SCI and insurance law checklist
The checklist below can help victims of TBI and SCI gain further understanding of the laws insurance companies are hiding:
- The Americans with Disabilities Act: Also known as the ADA. This law protecting the disabled was enacted by congress in 1990. The most recent amendments to this act were enacted on January 1, 2009 by President Barack Obama.
- The Foundation for Spinal Cord Injury: “FSCIPCC” is a not-for-profit educational foundation for the care and ultimately the prevention of spinal cord injuries. This foundation raises funds through public awareness, educational seminars and events, and uses the funds to further research in the area of spinal cord injuries.
- The CDC’s website has real statistics on real injuries. This website provides unbiased facts that the insurance companies hope you’ll overlook. The CDC frequently updates their statistics on catastrophic injuries to reflect the most recent data available.