The spinal cord plays a crucial role in our body, acting as the primary pathway for communication between the brain and the rest of the body. When the spinal cord is damaged, this communication is disrupted, potentially leading to reduced function in limbs, organ failure, paralysis, or even death.
Despite the severe impact of spinal cord injuries, obtaining compensation through a personal injury claim in Fort Lauderdale, Florida, can be challenging.
An experienced Fort Lauderdale spinal cord injury lawyer must demonstrate that one or more parties are responsible for the injury. Defendants may also argue that you bear some responsibility for your own injuries.
The skilled spinal cord injury attorneys in Fort Lauderdale, Florida, at our law firm have extensive experience helping victims secure the compensation they need. Our team meticulously evaluates your losses, investigates the incident, and pursues full payment from all responsible parties.
Spinal cord injuries in Fort Lauderdale, Florida, are classified into four main types: cervical, thoracic, lumbar, and sacral. Each type corresponds to a specific section of the spinal column, composed of rings of bone called vertebrae. The location of the injury along the spinal column dramatically influences the level of dysfunction experienced by the individual.
The cervical vertebrae are located in the neck region. Injuries in this area often result in loss of function in both the arms and legs, a condition known as tetraplegia or quadriplegia. These injuries can also cause spinal cord paralysis, significantly impacting the victim’s mobility and quality of life.
The thoracic vertebrae are in the chest area. Injuries here typically affect the chest and legs, leading to paraplegia. This means the individual loses the ability to move and feel in the lower part of the body, including the legs.
Lumbar vertebrae are found in the lower back. Injuries to this part of the spine generally result in some loss of function in the hips and legs. Similarly, sacral vertebrae, located from the pelvis to the end of the spinal column, can also cause loss of function in the hips and legs when injured.
For immediate legal assistance from an experienced Fort Lauderdale spinal cord injury lawyer contact our law firm today. We offer free consultations and are never too busy to speak with you.
Spinal cord injuries can result from various incidents, each with unique contributing factors. Here are some of the most common causes:
Motor Vehicle Accidents
Motor vehicle accidents are the leading cause of spinal cord injuries in the United States. Auto accidents and motorcycle accidents account for nearly half of new cases each year, often resulting in severe trauma to the spinal column.
Acts of Violence
About 12% of spinal cord injuries result from violent encounters. Common sources include gunshot and knife wounds, which can cause significant and immediate damage to the spinal cord.
Sports and Recreational Injuries
High-impact sports such as football or rugby and activities like diving into shallow water are responsible for approximately 10% of spinal cord injuries. These activities pose a high risk due to their physical nature and the potential for severe impacts.
Diseases
Conditions like cancer, arthritis, osteoporosis, and spinal cord inflammation can lead to spinal cord injuries. These diseases weaken the spine, making it more susceptible to injury from even minor trauma.
Medical Malpractice
Botched spinal or back surgeries can lead to severe spinal cord damage. Mistakes during medical procedures can have devastating consequences, potentially resulting in significant and permanent injuries.
Work Injuries
Physically demanding jobs pose a higher risk for spinal injuries. Incidents at work, especially in jobs requiring heavy lifting or repetitive motions, can result in significant spinal damage.
Slip and Fall Accidents
Slip and fall accidents are common in various environments and can lead to severe spinal injuries. These incidents often occur due to hazardous conditions or negligence, such as wet floors or uneven surfaces.
To learn more about the leading causes of spinal injuries and your legal options after an accident, contact a skilled spinal cord injury attorney in Fort Lauderdale, Florida, at our law firm. Our legal team can help you understand your rights.
Determining liability for a spinal cord injury involves identifying any parties whose negligent or reckless actions led to the injury.
Here are some examples of parties that could be held liable for causing a spinal cord injury:
Identifying liable parties requires thoroughly examining the evidence, as those responsible are not always immediately apparent. The experienced Fort Lauderdale spinal cord injury lawyers on our legal team know how to find and use evidence to prove liability and secure the compensation our clients deserve.
Understanding the laws surrounding spinal cord injury claims in Florida is crucial for victims and their families. These laws determine how negligence is established, how compensation is calculated, and what legal requirements must be met to pursue a claim.
Negligence is a central element in many spinal cord injury cases in Florida. Legally, negligence refers to the failure to exercise reasonable care, resulting in harm to another person.
When someone’s negligent actions lead to a spinal cord injury, the injured party can seek compensation for damages through a personal injury lawsuit. Establishing negligence involves you or your experienced Fort Lauderdale personal injury lawyer proving that the defendant owed a duty of care, breached that duty, and caused the injury, resulting in damages such as medical bills, lost wages, and pain and suffering.
Florida follows a comparative negligence system. This means that even if the injured party is partially responsible for their injuries, they can still recover damages. However, their compensation will be reduced by their percentage of fault.
For instance, if a plaintiff is found to be 20% at fault for the accident, their compensation will be reduced by 20%. This system ensures that liability is fairly apportioned based on each party’s degree of fault.
In Florida, the statute of limitations sets a time limit for filing a personal injury lawsuit. This means that a plaintiff has four years from the date of the injury to file a lawsuit. It is crucial to consult with an attorney promptly after a spinal cord injury to ensure compliance with this deadline and to preserve the right to seek compensation.
Spinal cord injury cases often require testimony from expert witnesses. These experts can provide crucial information about the nature and extent of the injury, its cause, and its long-term impact on the victim’s life. Expert witnesses help build a strong case by clearly demonstrating the defendant’s negligence and the resulting damages.
Florida law requires all drivers to carry personal injury protection (PIP) insurance, which covers medical expenses and lost wages in the event of an accident.
However, PIP coverage may not be sufficient to cover the extensive costs associated with spinal cord injuries. In severe negligence cases, it may be necessary to pursue a claim against the at-fault party’s insurance or personal assets to obtain adequate compensation.
To learn more about Florida Laws in spinal injury lawsuits, contact a skilled and experienced spinal cord injury attorney in Fort Lauderdale, Florida, today.
Estimating the value of a spinal cord injury claim involves considering various factors, including the injury’s severity, the incident’s circumstances, and the defendant’s level of fault.
Compensation typically falls into three categories: general damages, special damages, and punitive damages:
General Damages
General damages cover non-economic losses that are difficult to quantify, such as pain and suffering, emotional distress, and loss of enjoyment of life. The compensation awarded depends on the intensity and severity of the spinal cord injury.
Special Damages
Special damages compensate for identifiable monetary losses, such as medical expenses, loss of income, and property damage. These damages are easier to calculate as they are based on actual financial losses.
Punitive Damages
Punitive damages are awarded to punish the defendant for gross negligence or intentional misconduct. In Florida, punitive damages are often capped at double the amount of compensatory damages (a combination of general and special damages).
The compensation amounts can vary significantly based on the type of spinal injury sustained. Here are some estimated ranges:
General compensation for neck injuries may range from $5,500 to $55,000.
Soft tissue neck injuries typically see compensation between $5,500 and $22,000.
Neck disc injuries can result in compensation of up to $220,000 or more.
Common in auto accidents and slip and fall cases, compensation may range from $11,000 to $110,000 or more, depending on the case’s specifics.
Compensation amounts for herniated discs can vary widely. While average settlements can be in the hundreds of thousands, median amounts might be between $11,000 and $110,000.
Injuries from auto accidents resulting in bulging discs typically see settlements ranging from $110,000 to $160,000.
Several factors influence the final compensation amount in a spinal cord injury claim. These include:
Pain and suffering encompass the physical, emotional, and psychological distress a victim endures following an injury. Pain and suffering are more subjective and challenging to quantify than tangible damages such as medical bills or lost wages.
However, courts consider several factors to assign a monetary value to this aspect of a personal injury claim.
Physical Pain: This includes the physical discomfort and pain resulting from the injury and its treatment.
Emotional Distress: Victims may experience anxiety, depression, fear, and other emotional difficulties due to their injury.
Psychological Impact: The trauma of the injury and its aftermath can lead to conditions like post-traumatic stress disorder (PTSD).
The nature and extent of medical treatment can significantly impact the calculation of pain and suffering. For instance, victims requiring surgery for spinal injuries endure more pain and a more extended recovery period than those needing less invasive treatments like wearing a cast or brace. The invasiveness and duration of medical procedures reflect the severity of the pain experienced by the victim.
The use of powerful pain medications indicates the severity of pain suffered. Prescription records for medications such as opioids or other strong painkillers can serve as evidence of the intense pain a victim experiences. Medical expert testimonies can also elucidate the typical pain levels associated with spinal injuries and their treatments.
The time a victim endures pain and suffering is a critical factor. Chronic pain or long-term discomfort that persists well beyond the initial injury significantly increases the value of a pain and suffering claim. The ongoing need for medical care and therapy further supports claims of prolonged suffering.
The aftermath of an injury, including permanent disfigurement, disability, or significant lifestyle changes, contributes to pain and suffering. For example, a spinal injury resulting in paralysis or other long-term impairments can lead to substantial emotional and psychological distress. This lasting impact is considered when calculating the appropriate compensation for pain and suffering.
Courts use various methods to quantify pain and suffering:
Multiplier Method: This method involves multiplying the total economic damages (medical bills, lost wages, etc.) by a number typically between 1.5 and 5, depending on the severity of the injury and its impact on the victim’s life. More severe injuries with extensive long-term effects justify higher multipliers.
Per Diem Method: The per diem approach assigns a daily value to the victim’s pain and suffering, which is then multiplied by the number of days the victim is expected to experience pain and suffering.
Given the subjective nature of pain and suffering, having an experienced Fort Lauderdale spinal cord injury lawyer is crucial. Proper legal representation ensures that all aspects of pain and suffering are thoroughly considered, leading to just compensation for the victim’s physical, emotional, and psychological distress.
Experiencing a spinal cord injury can drastically change your life, bringing about significant physical, emotional, and financial challenges. These injuries can stem from various incidents, including automobile accidents, falls, or occupational hazards. If you or a family member has sustained a spinal cord injury, consulting with a knowledgeable legal representative is crucial.
An attorney helps you navigate the complex legal landscape following your injury. They assess your case’s specifics, gather evidence, and identify all liable parties. This comprehensive evaluation is critical for building a strong claim and ensuring that you pursue all possible avenues for compensation.
An experienced attorney handles all negotiations with insurance companies and other involved parties. Insurance companies often aim to minimize payouts, but a skilled lawyer advocates on your behalf to secure a fair settlement.
If negotiations don’t yield satisfactory results, your attorney is prepared to take your case to court, presenting a compelling case to ensure you receive the compensation you deserve.
In essence, a spinal cord injury attorney in Fort Lauderdale provides essential support and expertise, ensuring you receive fair compensation for your injuries. They handle the legal complexities, negotiate with insurers, and advocate for your rights, allowing you to focus on recovery.
At Schilling & Silvers Personal Injury & Car Accident Lawyers, our team of skilled spinal cord injury lawyers in Fort Lauderdale, Florida, is dedicated to providing expert legal support for those affected by spinal cord injuries. With extensive experience and a compassionate approach, we are committed to securing the compensation you need to rebuild your life.
Our thorough understanding of spinal cord injury claims and our relentless advocacy ensure that every detail of your case is managed with the utmost care and precision. If you or a loved one is facing the challenges of a spinal cord injury, we encourage you to reach out to us. Contact us today for a free case evaluation to discuss your claim and take the first step toward justice and recovery.
Locations near Fort Lauderdale which the legal team at our firm serves include Hialeah, Pompano Beach, Coral Springs, Miramar, Plantation, Pembroke Pines, Hollywood, Miami Gardens, and more.
Our Personal Injury Law Offices
Fort Lauderdale Office
1700 NW 64th St Suite 460
Fort Lauderdale, FL 33309
(954) 712-8877
Hialeah, FL Office
2300 W 84th St Ste 213
Hialeah, FL 33016
(954) 712-8877
