Paralysis is life-changing, no matter the cause. However, it can be especially devastating to know that you or your loved one would never have been paralyzed if not for someone else’s actions.
If you or a family member were paralyzed in a negligent accident, you could be entitled to financial compensation for medical costs, lost wages, rehabilitation expenses, physical pain, and altered quality of life. A San Jose paralysis injury lawyer could review the circumstances that caused the injury and determine your legal options. Although receiving damages cannot restore the functioning your paralysis took away, it could make adjusting to life with paralysis easier. Our dedicated catastrophic injury attorneys at Solution Now Law Firm are ready to get to work for you, so call now to get started.
Paralysis generally results from injuries to the spinal cord or brain caused by motor vehicle accidents, falls, sports injuries, and more. A party’s failure to use reasonable care, or negligence, often contributes to these incidents.
Negligence is a failure to use reasonable care to prevent a foreseeable injury to another person. Most accidents have negligence at their root. Proving negligence requires the injured person (plaintiff) to demonstrate that their injury happened because another party (defendant) failed to use reasonable care.
It is not always obvious whose negligence might have contributed to a paralysis accident. For example, in a car accident case, a driver might be liable, but perhaps a faulty airbag contributed to the injured person’s paralysis. The airbag manufacturer would also have liability. If the poor placement of a speed caution sign contributed to the accident, the local government where the accident occurred could have partial responsibility. An attorney in San Jose could review the circumstances to identify the at-fault parties in a paralysis accident.
If a person suffers paralysis while engaging in a risky activity, they may not be able to sue for damages for injuries that are likely in the context of the activity. This bar applies to many sports-related injuries.
For example, perhaps a figure skater fell and broke their neck, leading to paralysis. The ice rink is unlikely to be liable to the figure skater because serious falls are an inherent risk of the activity. However, if the rink’s roof failed due to improper maintenance and the skater was hit by a falling shingle, the rink might be liable. Being hit by falling objects is not an inherent risk of figure skating.
Liability waivers also could impact a paralyzed person’s attempt to collect damages. If they signed a release agreeing that a business owner would not be liable for injuries they might suffer, courts could enforce it.
However, the waiver must meet strict legal requirements, and it only protects against the business owner’s ordinary negligence. If the business was grossly negligent or the injury was the result of an intentional act, a paralyzed person could collect damages. A San Jose paralysis attorney could analyze a specific release of liability to determine whether it would protect a business owner in a particular case.
Seeking damages after a severe injury can be stressful, but the damages you receive could greatly ease the burdens of paralysis for you and your family. Money from damages could help you renovate your home to accommodate a wheelchair, allow you to purchase an adapted vehicle, or engage services that might otherwise be beyond your means.
Working with an experienced legal professional could ease your anxiety about the future. Speak with a San Jose paralysis injury attorney to determine your legal alternatives. Our lawyers at Solution Now Law Firm are ready to help you get the payments you need and deserve.