Paralyzing accidents are life-altering events for the injured person and their loved ones. While people with paralysis can live full, rich lives, these injuries often require adjustment and recalibration.
When an accident occurred because another party was careless or reckless, an injured person could hold that party financially accountable. A Kingstree paralysis injury lawyer could negotiate with medical providers and insurance companies, identify responsible parties, and assert claims for damages. Talk to a seasoned catastrophic injury attorney that could fight for the resources your family needs and deserves.
Negligence in Paralysis Injury Claims
Falls and vehicle accidents are some of the leading causes of paralysis in the United States. Both of these events could result from someone else’s negligence.
Legal negligence means failing to use appropriate care to prevent harm to someone else. Speeding and driving while impaired are examples of negligence behind the wheel. A fall could result from negligence when a property owner did not warn visitors of a hazard or a healthcare facility did not take sufficient steps to protect a patient.
A Kingstree attorney could review the circumstances that led to a paralysis injury. If another party’s negligence had a role, a legal professional could help sue them for damages.
Available Damages After a Paralyzing Injury
The compensation an injured plaintiff receives from the negligent party is called damages. Damages should cover all losses the injury caused. However, state laws limit the availability of certain damages depending on the circumstances of a case.
Economic damages account for financial losses a person experiences when they suffer an injury. Destroyed or damaged property, diminished income, medical expenses, and rehabilitation costs are components of economic damages. When someone suffers a paralyzing injury, economic damages could cover the cost of home renovations designed to increase accessibility. Economic damages could also cover someone’s diminished earning capacity if the injury prevents them from returning to work.
Non-economic damages cover the intangible losses a person suffers from an injury. These damages could include compensation for physical pain, disfigurement, emotional distress, disability, and the lost ability to enjoy life. If the injury resulted from medical malpractice, the law caps the claimant’s non-economic damages at $350,000, or $500,000 if multiple healthcare providers contributed to the malpractice.
Pursuant to South Carolina Code of Laws § 15-32-520, courts can award punitive damages to punish egregious conduct and deter similar behavior in the future. For example, drunk drivers who cause permanent injuries may be subject to punitive damages. The state caps these damages at three times the compensatory damages (economic plus non-economic) or $500,000, whichever is greater.
A Kingstree paralysis injury attorney could asses a particular case to determine the potential damages available and pursue legal action accordingly.
How an Attorney Could Help
Working with a legal professional after an accident could offer numerous benefits to an injured person and their family. Families often struggle to navigate the maze of insurance regulations and other bureaucratic requirements as they adjust to the needs of a paralyzed loved one.
Many people who think they have good health insurance are surprised at how hard it can be to get medical care covered after a catastrophic event. A seasoned attorney could handle communication with the injured person’s health insurer to seek coverage for the treatments and services they need. A legal professional could also negotiate with treatment providers and arrange for medical liens if necessary.
Insurance companies for the responsible parties often approach a family soon after an accident offering quick settlements in return for a promise not to sue. Families without legal representation might accept this initial offer, not recognizing its inadequacy. A Kingstree attorney could manage direct contact with responsible parties’ insurers and negotiate to achieve a settlement that provides reasonable compensation for a life-altering paralysis injury.
Contact a Kingstree Attorney After a Paralyzing Injury
When you or someone in your family has been in an accident that caused paralysis, an experienced attorney could be your greatest ally. The months after the injury are often arduous and stressful as the injured person and their family must adjust to a different way of life.
A Kingstree paralysis injury lawyer is ready and willing to take the lead in legal action while you take this time to recover. Reach out today to talk to an experienced attorney at Whetstone Perkins & Fulda.