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Spinal cord injuries generally involve trauma to the vertebrae that causes fractures, dislocations, disc impairments, and in many cases paralysis. These injuries can be caused by work accidents, medical errors, intentional violence, defective products, bicycle accidents, and motor vehicle accidents.

The consequences of a spinal cord injury can be immediate and life-changing. Injured individuals often require intense medical care and may need to change their day-to-day routine, their home, or their workplace to accommodate their needs.

After a spinal cord injury, you could benefit from the guidance of an experienced attorney when addressing your financial, physical, and emotional burdens. The expenses for medical care and modifications could be very high, so enlisting the help of a Cary spinal cord injury lawyer could be key for effectively pursuing recovery.

Determining Liability for Spinal Cord Injuries

Jury members are given specific instructions to help them determine the verdict of an injury case. For a court to render a verdict that is in favor of the plaintiff, their Cary spinal cord injury attorney would need to prove the following elements of legal negligence:

  • The defendant(s) in the case had a duty to conduct themselves in the same way another reasonably prudent person would
  • The defendant(s) violated that duty
  • The defendant’s violation of their duty directly caused an accident
  • The accident resulted in compensable damages to the plaintiff

Recoverable Damages in Cary Spinal Cord Injury Cases

The value of a case may also depend on the damages suffered by the plaintiff. For example, a plaintiff who is confined to a wheelchair because of spinal cord damage may be considered to have suffered more extensive losses than someone who is still able to walk.

Generally, the more severe a plaintiff’s damages are, the higher the compensation that can be recovered. Examples of potentially recoverable damages include:

  • Pain and suffering
  • Loss of consortium
  • Medical equipment costs
  • Physical therapy and rehabilitation
  • Home renovation costs
  • Past and future lost wages
  • Loss of enjoyment of life

Non-Economic Damage Caps for Injuries Resulting from Medical Malpractice

A plaintiff whose spinal cord injury resulted from some type of medical error could collect only a limited amount of non-economic damages. This limit helps reduce the number of frivolous lawsuits and keep medical staff insurance premiums lower.

North Carolina General Statutes §90-21.19 states that damage caps for non-economic damages in medical malpractice cases started at $500,000 in 2014 and have increased each year since based on the rate of inflation published by the Consumer Price Index. However, this cap does not apply if the defendant in a case acted maliciously, intentionally, or recklessly. Hiring a spinal cord injury lawyer in Cary could help a victim recover the maximum amount of damages possible in their case.

Enlist Legal Help from a Cary Spinal Cord Injury Attorney

Just as seeking medical care after a spinal cord injury is imperative to your physical recovery, seeking legal assistance could be imperative to your financial recovery. A skilled Cary spinal cord injury lawyer could help build a solid legal case against at-fault parties and pursue compensation against them. Call today to get the representation you deserve during this traumatic time in your life.