The attorneys at the Brannon Law Firm handle personal injury cases, including those which result in the Paralysis of an accident victim. Paralysis is a serious and often permanent condition that requires special medical assistance and life care planning. This type of injury also involves unique and complex issues in the context of legal claims and litigation. If you have experienced a diagnosis of Paralysis, it is in your benefit to seek out more information. Information on what Paralysis is and what it might mean for you can be found below. Additionally, the personal injury attorneys at the Brannon Law Firm invite you to contact us, either at 937-228-2306 or 1-800-VERDICT for a free consultation to learn about how Paralysis can impact legal claims and litigation.
What is Paralysis?
Paralysis generally refers to any medical condition that prevents the active or fully controlled movement of body part(s). Most commonly, paralysis occurs as the result of an injury to the spinal cord, as the spinal cord is the main avenue for the various nerves that control movement of the body. There can also be many different causes of Paralysis, both from medical causes and from trauma. Some common causes of Paralysis are:
- Car Accidents and Motorcycle Accidents
- Pedestrian Accidents
- Bicycle Accidents
- Brain Trauma
- Sports Injuries
- Construction Accidents
- Birth Injuries – Especially Brachial Plexus Injuries
- Medical Malpractice
- Surgical Errors and Mistakes
Sometimes the cause of Paralysis may be obvious, such as when a car accident fractures the spine of an occupant in a vehicle. Other times, the cause of Paralysis may be disguised by other medical conditions such as when a physician is performing a surgical procedure and accidently severs a nerve with a scalpel. These surgical errors are often dishonestly explained as known complications from the surgery or complications from the underlying medical condition. Often, extensive investigation is undertaken in these cases to discover the true proximate cause of the Paralysis.
Paralysis is often permanent and irreversible, although there are some medical procedures that can help restore movement in certain circumstances. Unfortunately, injury victims who are diagnosed with Paralysis may be bound to a wheelchair or require other forms of assistance to ambulate. There are many types of paralysis, each presenting its own unique set of challenges. Some common examples are:
- Quadriplegia – Also known as Tetraplegia, this paralysis affects the entire body below the neck. It often results in partial or total loss of control in all four limbs and the torso.
- Paraplegia – This is paralysis of the lower extremities, often affecting everything below the waist. It often results in partial or total loss of control in the legs.
- Monoplegia – Paralysis of a single limb, most often an arm.
- Diplegia – Paralysis that affects symmetrical body parts, most often the arms.
- Hemiplegia – Paralysis that affects one side of the body. Usually manifests in either complete paralysis of one side or the other, or in weakness in one side or the other.
Often times, the issues associated with Paralysis are complicated by other medical issues. For example, if the cause of the Paralysis was a car accident it is likely that the victim suffered additional injuries such as displaced fractures or a closed head injury requiring the careful coordination of multiple medical providers.
Achieving maximum medical improvement is a relative term with Paralysis, since victims are often left with a permanent life altering condition. Frequently, this may affect one’s ability to provide for oneself, it may cause emotional stress, loss of enjoyment, and general pain and suffering. Paralysis may require ongoing assistance with many different aspects of life, including the most basic human needs. For this reasons ongoing assistance, residence modification, counseling and financial support need to be addressed so that the victim can live the best life possible. It is also encouraged that both Paralysis victims and their family members participate in support groups to help themselves and others successfully manage their condition in order to live their best life possible.
Legal Significance of Paralysis
Most legal causes of action involving Paralysis are generally founded upon claims for negligence. While Paralysis is the type of harm and loss, negligence is the failure to exercise the care that a reasonably prudent person would exercise under similar circumstances. These claims are further divided into two main categories of negligence, those being professional negligence and common negligence. An example of professional negligence would be Paralysis caused by Medical Malpractice. Doctors and medical professionals have the obligation to conduct themselves in the proper manner and follow the safety rules for the treatment of patients. Failure to do so may fall below the level of care that is expected and required. This risk of Paralysis unnecessarily increases where doctors fail to perform medical procedures in accordance with the standard of care. Similarly, common negligence may occur in the context of an automobile accident. All people operating an automobile on the roadway must follow the rules of the road. Where they fail to adhere to the traffic rules and cause an accident they have acted negligently. The injuries that flow from the negligent operation of an automobile may include Paralysis.
One of the most significant portions of a legal claim for negligence involving Paralysis is proving damages. Damages are an important aspect of any legal claim and lawsuit. Lawsuits are designed in part to compensate a victim and to make the injured person as whole as possible. Damages generally represent the monetary value required to fully and properly compensate a victim, and any effective lawsuit will feature a demonstration of what harms and losses have been to a victim and what will be required to help fix and make up for those harms and losses.
Lawsuits involving Paralysis often require extensive work to make a demonstration of the harms and losses involved. This is because Paralysis lawsuits often involve many different and severe injuries, as well as a variety of possible types of damages. Victims of Paralysis may be eligible to receive economic damages, which are designed to compensate a victim for any economic and monetary losses. These include medical bills, lost income from wages or salary, cost of rehabilitation and treatment, and compensation for household services. Victims of Paralysis may also be eligible for non-economic damages, which are designed to compensate a victim for harms and losses that may be intangible. These types of damages include pain and suffering, mental anguish or emotional distress, and a loss of consortium claim by a spouse or family member.
When considering a Paralysis lawsuit, it is important to hire an attorney who will be able to handle your damages in a proper manner. Attorneys handling a Paralysis lawsuit should look to explore all possible harms and losses a victim may have suffered, and to seek out all possible ways to compensate and help that victim become as whole as possible. This may involve the hiring of professionals, such as an economist to detail lost wages and a doctor to prove future medical care needs associated with Paralysis. It also should involve the formation of a life care plan, to figure out any help, assistance, or lifestyle changes a victim of Paralysis may now require, such as rehabilitation, medical devices, or household assistance and services. Only an attorney skilled in personal injury law and Paralysis lawsuits can ensure that your Paralysis lawsuit reflects your unique situation and that the compensation you receive is commensurate with the harms and losses that were suffered.
Seeking Legal Counsel and Guidance
The personal injury attorneys at the Brannon Law Firm have the resources, skill and experience that is necessary litigate serious personal injury cases involving Paralysis. Injuries such as Paralysis are generally the result of negligence that was preventable. It is caused by the error, improper action, or lack of action by individuals or organizations tasked with acting in a reasonably prudent manner. Where persons or organization fail to exercise care that a reasonably prudent person would, it is important to hold them accountable for their wrongful conduct. The Brannon Law Firm can help hold those at fault accountable.
Additionally, the personal injuries suffered as the result of an accident may be difficult, physically, financially and emotionally. Medical treatment may be necessary, resulting in costly medical bills. Furthermore, as a result of your injuries, you may experience a multitude of issues, such as persistent pain, difficulty in performing everyday tasks, and a decrease in quality of life. These issues may even affect the lives of your loved ones as well. It is important to ensure you have the assistance and care that you deserve to live the best life possible. The Brannon Law Firm can help with that process.
At the Brannon law Firm, we have represented many individuals who were unfortunate victims of accidents that resulted in Paralysis injuries. We have obtained favorable verdicts and settlements on behalf of clients in those cases. We invite you to contact us at 937-228-2306 or 1-800-VERDICT for a free consultation. The Brannon Law Firm is proud to serve clients in Dayton and throughout the State of Ohio.