Encinitas Spinal Injuries Attorney

The human spine is one of the most critical components of the body. The bones of the spinal column house and protect the spinal cord, a thick cord of nerves that extends from the brain stem through the spine, branching out into nerve endings reaching every part of the body. The spinal cord allows the brain to communicate with the rest of the body and allows for conscious movement and control over bodily functions.

Legal Representation for Victims of Spinal Injuries in Encinitas, CA

While the spinal cord is essential to the proper functioning of the rest of the body, it cannot heal itself from injuries. Therefore, any injury to the spinal cord is permanent, and depending on the location and severity of the injury, the victim could potentially face lifelong disability from their spinal injury.

If you or a loved one recently suffered a spinal injury due to the actions of another party, it’s vital to consult an experienced Encinitas spinal injuries attorney as soon as possible. You likely have grounds for legal recourse against the party responsible for the injury, and navigating the civil claim process will be much easier and more likely to be successful when you have an experienced legal team representing you.

Why Should I Hire an Encinitas Spinal Injuries Lawyer?

A spinal cord injury claim falls within the purview of personal injury law. At first glance, a personal injury claim can seem like a relatively straightforward and easily understood legal situation. However, many plaintiffs in personal injury cases quickly realize their cases are far more complex and demanding than they initially expected. The average person with minimal experience in civil court would likely struggle to meet the procedural demands of their case. The situation would be made even more difficult by managing their recovery.

While you may have concerns about the potential cost of legal fees when you are already facing expensive medical bills and economic uncertainty from the inability to work, it’s important to understand you risk losing more by attempting to handle your case on your own. An experienced attorney can identify channels of compensation you would have likely overlooked on your own, helping you to maximize your total recovery.

Working with the right Encinitas spinal injuries attorney can dramatically improve the quality of your overall recovery. Perry Personal Injury Lawyers offers client-focused legal counsel to spinal injury victims in the Encinitas, CA, area. We will take the time to thoroughly investigate every facet of your claim to ensure the best representation possible.

Potential Effects of Spinal Injuries

There are two main types of spinal cord injuries a person might suffer: complete and incomplete injuries. The difference between these two types of injury is whether the incident completely severs the spinal cord. The spinal cord remains partially intact with an incomplete spinal cord injury, allowing some communication to continue between the brain and the body connected below the injury site. A complete injury severs the spinal cord, preventing the brain from controlling the body connected to the spinal cord below the injury site.

With a complete injury, the victim is likely to experience complete paralysis in the parts of the body connected below the injury site. Depending on the location of the injury, the paralysis may only affect some parts of the body or the entire body. For example, if a complete spinal cord injury occurs at waist level, the victim may lose the use of their legs. On the other hand, if the injury happens below the base of the skull, they could be completely paralyzed from the neck down.

Incomplete injuries are also capable of causing paralysis, but they more commonly result in diminished sensations, reduced range of motion, and less control over certain bodily functions. Ultimately, every spinal cord injury case is unique, and the effects are typically easy to distinguish relatively quickly with appropriate medical care.

Determining Fault for a Spinal Cord Injury

Some spinal cord injuries result from unpredictable accidents that no one can prevent or predict. Others occur due to the negligence of other parties. Some of the most common causes of spinal injuries that lead to personal injury claims in California include motor vehicle accidents, workplace accidents, and slip and fall injuries. If you believe another party is in any way responsible for causing a spinal injury to you or a loved one, the first phase of your case will focus on proving their liability for the incident that resulted in your injury.

Most personal injury claims revolve around the legal concept of “negligence,” or a failure to exercise reasonable care. However, it’s also possible for a personal injury claim to develop from intentional misconduct, such as violent crime or drunk driving. Your Encinitas spinal injuries attorney will help you gather the evidence to prove that the defendant’s actions directly caused your injury.

Your Encinitas spinal injuries attorney can help you gather physical evidence and witness testimony that allows you to correctly identify the party or parties responsible for causing your spinal injury. Next, your attorney will help you calculate the damages you can seek with your civil claim. Depending on the severity of your injury, the total compensation you obtain from a successful case could be quite a bit more than you initially expected.

Damages and Compensation in Spinal Injury Cases

Due to the severity of most spinal cord injuries, victims that succeed with personal injury claims against the parties responsible for causing their injuries often recover substantial damages. California’s personal injury laws allow plaintiffs to seek compensation for:

• Medical expenses. A spinal cord injury is likely to require extensive immediate treatment and ongoing therapy and care. The defendant is responsible for all medical costs incurred by the victim of their negligence or intentional misconduct.
• Lost income. Spinal injuries often result in medical complications and disabilities that inhibit victims’ ability to work. If you cannot work because of an injury someone else caused, they are liable for the income lost during your recovery. In addition, if you suffered a permanent disability and cannot return to work at all in the future, the defendant would be liable for your lost earning capacity.
• Property damage. Some spinal cord injuries result from incidents that also cause damage to the victim’s personal property, such as their vehicle. Therefore, the defendant is also liable for property damage caused to a plaintiff.
• Pain and suffering. California state law allows personal injury claimants to seek compensation for physical pain and emotional distress inflicted by a defendant. There is no limit to the amount a plaintiff can claim for pain and suffering, except for medical malpractice claims, limited to $250,000.

Pain and suffering compensation is likely to form the bulk of a plaintiff’s total recovery from a spinal cord injury claim. A plaintiff who developed a permanent disability such as paralysis may be unable to work or live independently following their injury. This can be as physically challenging as it is emotionally distressful. Your Encinitas spinal injuries lawyer can help you determine an appropriate figure to pursue in your claim based on the severity and prognosis of your spinal cord injury.

What to Expect in a Spinal Injury Claim

Facing any personal injury claim can be stressful and demanding, but the right attorney handling your case can make a tremendous impact on the quality of your experience in the civil court system. Your case will begin with a formal complaint against the defendant you believe responsible for your spinal injury. This complaint is filed with the Encinitas civil court, which issues the appropriate paperwork to the defendant named in your complaint. Once the defendant receives the court paperwork, they are allowed to respond.

At this point, a civil case can go one of many different ways. If the defendant accepts responsibility for the injury and agrees to settlement negotiations, the parties involved in the dispute can begin negotiating a resolution to the issue at hand in a private settlement. If the defendant denies liability, the case can proceed to litigation. It’s also possible for a case to start to unfold through settlement but for negotiations to fail. The defendant may contest the scope of the damages sought by the plaintiff or assert comparative fault, prompting the case to proceed to trial.

Settlement is generally preferable for both parties as it allows them to reach a mutually agreeable resolution as quickly as possible. However, when a case proceeds to litigation, it can take several months to resolve, and the final result comes down to the discretion of the judge overseeing the case. Whatever your spinal cord injury case entails, and no matter how it unfolds, having an experienced Encinitas spinal injuries attorney on your side will allow you to approach this challenging situation with peace of mind and confidence.

Perry Personal Injury Lawyers offers comprehensive and compassionate legal counsel to victims of negligence and intentional misconduct in the Encinitas, CA, area. We have successfully represented clients in many complex spinal injury cases, and we can apply this experience to your case. Our goal is to maximize our client’s recovery to the fullest extent possible under California law, and we understand the stress, isolation, and uncertainty that can follow any personal injury. If you are ready to explore your options for legal recourse against the party responsible for causing your spinal injury, contact Perry Personal Injury Lawyers today and schedule your consultation with an Encinitas spinal injuries lawyer.