California Paralysis Lawyers
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If You Have Questions, Our California Paralysis Lawyers Can Help You Find The Answers.
Some accidents can change a life forever. The Christopher and Dana Reeve Foundation reports that about 5.4 million Americans (or one in fifty U.S. residents) are living with paralysis. Victims and their families often face significant adjustments after a serious injury. The more severe the losses, the more important it is to seek legal support to pursue compensation.
Consulting with an experienced personal injury lawyer can help protect your rights. Whether your injuries are temporary or permanent, minor or severe, you may have the right to seek compensation from the person whose negligence caused your accident. Our paralysis injury lawyers guide accident victims in Los Angeles, San Francisco, Riverside, San Jose, San Diego, Sacramento, Sherman Oaks, Orange County, and across California. You may call (888) 488-1391 to schedule a free initial consultation. We are here to help you navigate your legal options.
Types Of Paralysis Caused By Accidents
Paralysis is the loss of sensation and movement in a particular part of the body, typically caused by injury or an illness. It occurs when the nerves of the spinal cord are prevented from operating normally. Sometimes this is the result of a medical condition, such as a stroke. Often, it is the result of an injury to your spinal cord. The location and severity of the injury will determine the extent of your paralysis.
Some paralysis is temporary. Once the victim recovers from the severe initial injuries, the paralysis might resolve on its own or with the assistance of physical or occupational therapy. However, in the case of a severe spinal cord injury, paralysis is likely to be permanent. The higher on the spinal cord an injury occurs, the more body parts will be affected. This determines what type of paralysis you will experience:
- Monoplegia — Paralysis of one arm or leg.
- Hemiplegia — Paralysis of one arm and one leg on the same side of a person’s body.
- Paraplegia — Paralysis of both legs.
- Quadriplegia (also known as “tetraplegia”) — Paralysis of all four limbs and the torso.
Common Injuries That Cause Paralysis
Paralysis can be caused by medical conditions (such as a stroke) or chemical changes to the body (such as poisoning). According to the Christopher and Dana Reeve Foundation, strokes are the most common cause of paralysis, responsible for about 33.7 percent of cases. Spinal cord injuries were the next most common cause (responsible for about 27.3 percent of paralysis cases). There are many ways to sustain a spinal cord injury:
Motor Vehicle Accidents
The Centers for Disease Control reports that over 32,000 Americans are killed every year (and an additional two million are injured) in auto accidents. Motor vehicle accidents are simply a part of life – especially in California, where heavy traffic has become the norm. Auto accidents are so common that California (like other states) requires all drivers to carry liability insurance with minimum coverage amounts.
This insurance covers personal injuries and property damage that a negligent driver causes to other people. It is essential to consult with an attorney after an auto accident. Drivers who act negligently may be legally responsible for the harm they cause, and their insurance companies may be required to pay related claims. Our attorneys can guide you through cases involving car accidents, truck accidents, and motorcycle accidents.
Plane or Train Crashes
Plane and train crashes are less frequent than motor vehicle accidents, but the consequences can be just as devastating. Injury victims often have a legal claim against the airline or railway. These service providers are considered “common carriers,” and they have special obligations under California law. When they violate the duty of care to their passengers, they are obligated to compensate all victims for their injuries.
This is why these service providers carry commercial insurance policies with high coverage limits. However, even a large policy may not fully cover the losses of all victims in a plane or train crash. With many people potentially filing claims, access to limited insurance funds can be competitive. Consulting with an attorney and filing a claim promptly can help protect your legal right to seek compensation when insurance coverage is limited.
California Workplace Accidents
Workplace accidents can occur, no matter what job you have. They are, however, especially prevalent in the construction industry. Heavy machinery, unsecured scaffolding, and above-ground level all contribute to a higher number of accidents in the construction industry than in other fields of work. Even doing road work can be dangerous: many drivers ignore the work zone signs and do not slow down.
Every year, construction workers are killed by negligent drivers in work zones. Workers who are paralyzed on the job have the right to workers’ compensation benefits.
These benefits do not, however, cover all of your losses. Pain and suffering are not compensated, and lost wages are often limited according to a set formula.
This is why it is important to consult with an attorney and determine whether you may also have a personal injury claim.
For example, a road worker who is struck by a negligent driver in a work zone may be entitled to workers’ compensation benefits, but could also have a personal injury claim against the negligent driver. Such a claim can address medical bills, projected future medical expenses, necessary equipment, in-home care, and potential impacts on future earning capacity resulting from the injury.
Personal injury claims can provide compensation beyond what workers’ compensation benefits cover. For people with paralysis, exploring all available legal options is important, as the lifetime costs of paralysis can be substantial. You should not have to bear these expenses if someone else may be legally responsible for the injury.
$2,500,000.00
Manjarrez v. Global Paratransit (settled on 5/9/2019) – settlement involving a client who was struck by a vehicle and paralyzed from the waist down as a result. In addition to the $2.5 million workers’ compensation settled, Arash Law also obtained a $5,250,000 policy limit settlement on his behalf in the personal injury case.– Tina Eshghieh
Sports Injuries
Sports injuries have caused some of the most well-known cases of paralysis. Actor Christopher Reeve developed quadriplegia after being thrown from a horse during an equestrian sporting event in 1995. He lived in a wheelchair for nine years before passing away in 2004. Today, his legacy lives on through the Christopher and Dana Reeve Foundation. Forbes reports that over a hundred thousand families have received assistance through the Foundation’s Paralysis Research Center.
Horseback riding can be dangerous, but it is certainly not the only sport that can lead to injuries that cause paralysis. Football is known to cause brain injuries. The nearby spinal cord can be affected by this brain damage, and the neck is left unprotected by football helmets. Soccer players have little, if any, protective equipment to shield them from the force of an impact. Hockey players have lots of padding and protection, but they are also exposed to constant blows and forceful impacts. These and many other sports can cause devastating injuries that lead to permanent paralysis.
Sports injuries present particular legal challenges. In some cases, a player is deemed to have “assumed the risk” of harm because they understood the risks of injury and chose to play the game anyway. Some personal injury claims have been dismissed entirely based upon this theory.
This does not mean that your sports injury case cannot go forward. It is vital to have an honest discussion with an experienced lawyer about the possible strengths and challenges of your case. Your attorney can also review all potential causes of your injury. For example, if you are unable to sue the player who struck you, you might still have a product liability claim against the manufacturer of your defective helmet. There are multiple possibilities, and an experienced paralysis lawyer can help assess which options may apply to your situation.
Medical Malpractice And Birth Injuries
Paralysis can sometimes result from errors by medical professionals who are meant to provide care. For example, paramedics are trained to move patients with suspected spinal cord injuries carefully.
If they do not follow these protocols, the injury can be aggravated, and a minor injury could result in permanent paralysis. A surgeon may also make an error during a delicate procedure. Maybe a nurse accidentally administers a toxic amount of the wrong medication. These and many other medical errors can cause paralysis.
When they do, the victim has a medical malpractice case against the negligent provider and can file a claim with the provider’s malpractice insurance carrier. Birth injuries are another form of medical malpractice.
Babies have delicate bodies that are still forming, and the birth process can cause physical trauma. Negligent obstetricians and midwives can cause injuries to the baby, including paralysis, if they are not careful during the delivery. There are many different forms of paralysis that can occur during labor and delivery. Bell’s palsy, for example, is a limited form of paralysis that affects the face. The victim is left with drooping muscles and facial twitches that are the result of paralyzed facial nerves. Whatever the extent of a baby’s paralysis, parents may have the legal right to pursue a claim against a medical provider for birth-related injuries.
Negligence At A Nursing Home Or Other Care Facility
Nursing home staff are yet another category of medical professionals who can cause paralysis to the very patients they are supposed to protect. Nursing home patients almost always have physical limitations; this is what leads them to seek assistance in the first place. These limitations make them especially vulnerable to injury. This also means that their injuries tend to be more severe.
This is why falls can be especially dangerous for elderly individuals, while young, healthy patients often experience minimal complications if you or a loved one sustained an injury while in the care of a nursing home or assisted living facility, you may have a personal injury claim related to negligence or nursing home abuse.
Types Of Damages That Can Be Recovered In A Paralysis Injury Case
For many injury victims, a key concern is the types of losses they may be able to pursue in a personal injury case. Compensation generally depends on the personal and financial impact of the injury. Common types of damages for paralysis victims include:
- Medical expenses, equipment, and in-home care — This includes all past medical bills as well as projected future medical costs that arise from the injury. Victims may also be compensated for medical equipment such as wheelchairs, breathing machines, or other assistive devices, as well as any in-home care needed to support daily living.
- Home modifications — Many paralysis victims require modifications to their homes to accommodate mobility needs. This can include installing ramps, lifts, grab bars, widening hallways, and making other structural changes. Victims may also need a modified vehicle or special transportation arrangements to maintain independence.
- Psychological counseling — Experiencing a permanent injury can be emotionally and mentally challenging. Counseling or therapy can help victims adjust to changes in work, relationships, hobbies, and overall quality of life. These services are considered a compensable cost related to the injury.
- Rehabilitation — Rehabilitation services help victims regain skills and adapt to new physical limitations. Occupational therapy can restore abilities for tasks such as eating and writing, physical therapy can strengthen muscles and improve mobility, and vocational rehabilitation can assist with learning new skills or finding suitable work. These therapies are often necessary and directly connected to the injury.
- Secondary medical complications — Paralysis can lead to additional health problems, including bowel or bladder disorders, circulatory issues, sexual dysfunction, chronic pain, and depression. Compensation may also address the reduced life expectancy that sometimes results from these complications, as well as the physical and emotional suffering associated with them.
Schedule A Free Initial Case Evaluation With A California Paralysis Lawyer!
Paralysis is a serious injury that can have long-term impacts on your life and the lives of your loved ones. Individuals who experience such injuries may have the right to seek compensation for the losses they incur. Consulting with an experienced paralysis lawyer can help you understand your legal options and explore potential avenues for financial recovery.
Our paralysis injury lawyers serve clients throughout California, including Bakersfield, Fresno, Los Angeles, Sacramento, Stockton, Modesto, Palm Springs, Monterey, Santa Barbara, San Diego, Chico, Redding, San Francisco, Oakland, and San Jose.
You may call (888) 488-1391 or complete our contact form to schedule a consultation with the legal team at Arash Law. Our injury attorneys can help assess your situation and guide you on the legal steps that may be available.
