Call Us Today A spinal cord injury can range in severity, often causing immense pain and significantly limiting your ability to enjoy daily activities. In addition to the emotional toll, the financial burden of medical bills can be overwhelming.
If your spinal cord injury was caused by an accident resulting from someone else’s negligence, you may be entitled to compensation. A Fort Myers personal injury lawyer from Viles & Beckman can help you explore your legal options and pursue the compensation you deserve.
What Is a Spinal Cord Injury?
A spinal cord injury (SCI) occurs when damage impacts any part of the spinal cord, including the vertebrae, ligaments, discs, or nerves near the end of the spinal canal. The spinal cord extends from the base of the head down to the waist and measures about 18 inches long.
The spinal cord is divided into four main sections:
- Cervical vertebrae in the neck
- Thoracic vertebrae in the upper back
- Lumbar vertebrae in the lower back
- Sacral vertebrae in the pelvis
No matter where you are experiencing pain, our Fort Myers spinal cord injury lawyers are here to help you recover financially so that you can focus on your health. With our years of experience, we are dedicated to pursuing the maximum compensation for your case.
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Common Types of Accidents That Cause Spinal Cord Injuries
Spinal cord damage can result from a variety of accidents, often leading to life-altering consequences. Some of the most common causes include:
- Motor vehicle accidents: Car accidents, motorcycle accidents, and truck accidents are among the leading causes of spinal cord injuries. The force of a collision can result in severe trauma to the spine, particularly when vehicles are moving at high speeds.
- Falls: Slip and fall accidents, especially from significant heights or on unsafe surfaces, can cause serious damage to the spinal cord. Falls are frequent for older adults but can happen to anyone in dangerous conditions.
- Sports and recreational activities: High-impact sports like football, gymnastics, and diving carry a higher risk of spinal damage due to falls or collisions. Improper safety gear or inadequate supervision can also increase this risk.
- Workplace accidents: Jobs that involve heavy lifting, operating machinery, or working from heights (like construction work) can pose a significant threat to the spine if proper precautions aren’t taken.
- Acts of violence: Physical assaults or gunshot wounds can damage the spinal cord, leading to permanent disability in some cases.
- Medical malpractice: In rare cases, errors during surgeries or medical procedures can result in spinal cord trauma, causing long-term complications.
Understanding the type of accident that caused your spinal injury is essential. Our Florida injury lawyers can help you determine liability and seek appropriate compensation for your losses.
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Investigating a Spinal Cord Injury Case
When dealing with damage to your spinal cord, a thorough investigation is essential to building a strong legal case. Understanding the cause of the accident, gathering evidence, and identifying the responsible parties are critical steps in the process.
A typical investigation into a spinal injury includes:
- Reviewing medical records: These are vital in establishing the extent of the damage and the treatments required. Medical records also serve as crucial evidence when filing a personal injury claim.
- Analyzing the accident scene: Whether the injury was caused by a car accident, slip and fall, or workplace incident, reviewing the scene can help determine liability. Photographs, video footage, and witness testimony may all play a role.
- Consulting medical experts: Experts can provide detailed insights into how the SIC occurred and its long-term effects. Their testimony can be pivotal in proving the severity of the injury and its impact on one’s life.
- Evaluating insurance coverage: Understanding the scope of insurance policies, including PIP coverage and liability insurance, helps in calculating potential compensation.
- Identifying liable parties: Whether it’s an individual, business, or manufacturer of defective products, determining who is legally responsible for the injury is key to securing compensation.
Our Fort Myers spinal cord injury attorneys will handle every aspect of your case, from investigating the cause of the injury to negotiating with insurance companies. With a strong case built on evidence and expert testimony, we’ll work to secure the maximum compensation you deserve.
Click To ContactHow do Doctors Diagnose Spinal Cord Injuries?
Doctors provide care for spinal cord patients through a variety of methods, beginning with diagnostic tests. These tests often include radiologic evaluations and other standardized tools to assess the extent of the damage.
Spinal conditions are classified based on the lowest functioning area of the spine and the level of limb function remaining. There are two main types:
- Complete injury: All sensation and motor control below the affected area are lost.
- Incomplete injury: Some sensation and motor control remains below the site of damage.
Paralysis, which results in the loss of sensation and movement, is further categorized as:
- Tetraplegia (or quadriplegia): Affects the arms, legs, torso, and pelvic region.
- Paraplegia: Affects the torso, pelvis, and legs.
Understanding whether your condition is complete or incomplete helps determine the best course of treatment and the level of compensation you may seek.
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Building a Fort Meyers Spinal Cord Injury Lawsuit
When pursuing compensation for a spinal cord injury, building a strong legal case is essential. The process requires a thorough understanding of the accident, medical documentation, and liability to ensure you have the best chance of recovering the damages you deserve.
Key steps in building a spinal cord injury case include:
- Collecting medical evidence: Your medical records and diagnostic tests, such as X-rays, MRIs, and CT scans, serve as the foundation for proving the severity of the damage. These records will demonstrate the impact on your health and future needs, such as ongoing care and medical equipment.
- Investigating the accident: Gathering evidence from the accident scene is crucial. This may include photographs, witness statements, accident reconstruction, and expert testimony to show how the accident happened and who was responsible.
- Identifying liable parties: Determining who is at fault—whether an individual, a business, or even a manufacturer in a product liability case—is key to securing compensation. Depending on the circumstances of the accident, multiple parties may be held liable.
- Consulting with medical and financial experts: These experts can provide insights into the long-term effects of your spinal cord injury, helping to calculate the costs of treatment, future medical care, and necessary medical equipment.
- Negotiating with insurance companies: Insurance companies often try to minimize their payouts, but our spinal cord injury attorneys in Fort Myers will negotiate on your behalf to ensure you are fairly compensated for medical costs, lost wages, and other damages.
By carefully building a detailed case, we aim to secure the maximum compensation for your injury. Whether your case involves a motor vehicle accident, a workplace incident, or another type of severe injury, our team is dedicated to fighting for your best interests.
How do You Prove Negligence in a Spinal Cord Injury Case in Fort Myers?
To recover compensation from the at-fault party in a personal injury claim, the plaintiff must prove that the responsible party’s actions were negligent. Negligence is established by demonstrating the following:
- The defendant owed the plaintiff a duty of care, which varies depending on the circumstances. For instance, in a car accident, the duty of care would include following traffic laws and driving safely.
- The defendant breached this duty of care, leading to the accident.
- The breach directly caused the plaintiff’s harm and financial losses, including medical costs and other damages.
At Viles & Beckman, our Fort Myers legal team is ready to help you hold the negligent party accountable. We’ll guide you through every step of filing your claim, ensuring you can focus on your recovery while we work to protect your rights and seek the compensation you deserve.
How Much Time do I Have to File an SCI Claim in Fort Myers?
According to Fla. Stat. § 95.11, you generally have four years to file a claim for your spinal injury. However, we recommend filing as soon as possible. Acting quickly increases your chances of securing the maximum compensation for your case.
While Florida’s statute of limitations is four years, certain factors can affect the timeline for your specific case. Consulting with a Fort Myers personal injury attorney will help you determine exactly how much time you have to file your claim.
How does Florida Law Protect Those Suffering from SCI?
A spinal cord injury is a serious condition, and Florida’s personal injury law allows victims to seek compensation when their injuries result from another person’s negligence or recklessness.
Since Florida is a no-fault insurance state, if your accident occurred in a vehicle, your PIP insurance may limit your ability to claim non-economic damages such as pain and suffering. However, Florida law includes a serious injury threshold that provides an exception, allowing you to pursue additional compensation.
Under Fla. Stat. § 627.737, your injury must meet one of the following criteria to qualify for additional damages:
- Significant and permanent loss of a vital body function
- A permanent condition within a reasonable degree of medical certainty
- Significant or permanent scarring or disfigurement
- The death of the claimant or a loved one
What Damages Can I Recover from an SCI Case in Fort Myers?
A spinal cord injury attorney in Fort Myers can help determine which damages you may be eligible to recover. A personal injury lawsuit could result in fair compensation recovered from the liable parties for a variety of expenses, including:
- Past, current, and future medical expenses and outstanding medical bills
- Lost wages, including time spent traveling to and from medical appointments
- Permanent disability
- Cost of hiring help for household tasks you are no longer able to perform
- Emotional distress, such as anxiety or depression
- Pain and suffering
- Loss of consortium, which occurs when the injury affects your familial relationships
- Property damage from the accident
- Punitive damages if the negligent party acted with gross negligence
- Other expenses, such as the cost of wheelchairs or adaptive features for your vehicle or home
Even if you were partially at fault for the accident, Florida’s comparative negligence standard allows you to seek compensation. However, your damages may be reduced based on the degree of responsibility you bear.
How Much Compensation Can I Get for My Spinal Cord Lawsuit?
The amount of your settlement in a spinal cord case will depend on several factors, including the extent of the negligent party‘s fault, the severity of your condition, and whether you share any responsibility for the accident.
If the responsible party acted with gross negligence, you may also be awarded punitive damages. These are designed to penalize the defendant and prevent similar behavior in the future. Punitive damages can be up to three times your total compensation or capped at $500,000.
Contact a Spinal Cord Injury Lawyer Today
You don’t have to go through the legal process alone. Our law firm has extensive experience and a proven track record of recovering fair compensation for our clients. We encourage you to take legal action if you’ve suffered a catastrophic injury,
If you’d like an estimation of your potential damages, our spinal cord lawyers in Fort Myers offer a free case review. We’ll carefully evaluate your situation and provide insight into the possible settlement you may receive.
Call or text (239) 334-3933 or complete a Free Case Evaluation form
