Recovering Compensation in Paralysis Injury Lawsuits 

No matter what type of accident you were involved in, one fact remains the same: If you suffered serious injuries caused by someone else, you shouldn’t be footing the billPatient recovering from a paralysis injury for your recovery. Contact Case Barnett Law online to explore your legal options for compensation.

As a trusted personal injury attorney team in Orange County, California, we’ve seen almost every accident (and injury) imaginable. Trust us when we say you don’t need to suffer a catastrophic injury to sustain painful and lasting damages. 

That being said, some types of injuries are more debilitating than others. Although each accident is different and circumstances vary between injury victims, it’s safe to say that paralysis injuries are among the most dreaded, serious, and deserving of compensation. 

Unlike injuries that will hopefully heal, at least partially, with time, paralysis injuries often require injury victims to relearn even the most basic aspects of living. Depending on the type of paralysis injury, an accident victim may be faced with unimaginable challenges and insurmountable medical debt. 

If you suffered severe injuries like paralysis in an accident caused by someone else, how do you expect to pay for your recovery? Unless you are independently wealthy, there’s a good chance you are not financially equipped to cope with the many life changes ahead. Luckily, you may have legal recourse in a paralysis injury lawsuit

This article will explain everything you need to know about recovering compensation through a paralysis injury lawsuit, including how to assess how much your paralysis injury claim is worth, the process of determining liability, possible recoverable damages, and more. 

At Case Barnett Law, we know how scary it can be to realize your life will never be the same after an accident. Here’s our promise to you: When you partner with our law firm, you’ll never have to face it alone. Call us at (949) 409-0055 to secure the advocacy you deserve. 

How Much Is My Paralysis Injury Lawsuit Worth?

If you were paralyzed as a result of an accident caused by someone else, there’s a good chance you are eligible to secure a large settlement through a personal injury lawsuit. However, the amount of money you are entitled to depends on several critical factors, including the following: 

  • Severity of paralysis. Most people don’t realize that paralysis injuries vary widely. You may only experience paralysis in a single limb, or you may have quadriplegia, which is paralysis from the neck down. The severity of your paralysis—and the extent to which it affects your life—will play a large role in determining how much compensation you are awarded. 
  • Medical expenses. Whereas some injury victims may only incur emergency treatment expenses, accident victims who develop paralysis may require life-long assistance. When determining your settlement amount, the court will consider your past, current, and future accident-related medical expenses
  • Loss of income and earning capacity. If your accident rendered you unable to perform your job duties or left you unable to resume work altogether, your settlement should reflect those past and future losses. 
  • Pain and suffering. In addition to easily calculable economic damages, paralysis injury victims may recover non-economic damages like pain and suffering through a personal injury lawsuit. 
  • Punitive damages. Although compensation in most personal injury cases is limited to compensatory damages, the court will occasionally award the plaintiff with punitive damages as well. Rather than compensating an injury victim for accident-related losses, punitive damages are intended to punish a defendant for especially egregious, negligent, or wanton behavior. 
  • Insurance policy. A defendant’s insurance coverage may also affect how much an injury victim can seek for payable damages. 
  • Comparative negligence. California personal injury law follows the legal doctrine of comparative negligence, meaning that an injury victim’s recoverable damages may be proportionally reduced if they are found to be partially at fault for the accident. 
  • Strength of legal representation. Younger victims with a higher life expectancy may be awarded a larger settlement than those with fewer years ahead.

Ultimately, finding an experienced attorney with a proven track record of trying—and winning—paralysis injury lawsuits is the key to recovering the compensation you deserve. If you have additional questions about the compensation you are entitled to, it’s a good idea to reach out to an attorney for guidance. 

Determining Liability in Paralysis Injury Cases

To prevail in any personal injury case, you must demonstrate to the court that the defendant’s negligence directly or partially caused your injuries. That means you need to have a somewhat comprehensive understanding of negligence and liability laws in California. 

To prove negligence in California, a plaintiff must prove the following elements: 

  • The defendant owed you a duty of care (an obligation to exercise reasonable care to avoid causing you harm). 
  • The defendant breached that duty. 
  • The defendant’s breach of duty caused your injuries.
  • The defendant’s actions were the proximate cause of your injuries.
  • You suffered actual damages (such as medical expenses, lost wages, pain and suffering, etc.). 

If your attorney can demonstrate that the defendant acted negligently, they can be held liable for damages you suffered due to that injury. In the case of accidents that result in paralysis, those damages can be considerable. 

Recoverable Damages in Paralysis Injury Lawsuits

After you demonstrate that the defendant’s negligence caused your paralysis and prove they are liable for your losses, the court will award damages based on your attorney’s settlement calculations. In most personal injury lawsuits, including paralysis injury claims, injury victims can receive at least two or three types of compensation. 

Economic Damages. Economic damages refer to clear financial losses resulting from the accident. These can include compensation for lost wages, lost earning capacity, property damage, medical expenses (current and future), and other accident-related losses. These are typically easily calculable and can be supported with receipts, bills, and other financial documents. 

Noneconomic Damages. In contrast to economic losses, non-economic damages refer to intangible losses that evade a dollar amount. Noneconomic damages may refer to pain and suffering, loss of consortium, permanent disability (which is common among paralysis injury victims), loss of quality of life, scarring, disfigurement, and more. 

Punitive Damages. In rare cases, the court will order the defendant to pay punitive damages. Whereas economic and noneconomic damages are compensatory damages meant to compensate the plaintiff for accident-related losses, punitive damages are designed to punish the defendant. These damages are typically reserved for cases in which the defendant acted especially maliciously, negligently, or egregiously. 

How to Seek Compensation for Paralysis Injury

For many injury victims, seeking compensation through legal action is the only way for them to secure the resources necessary for recovery. In cases of paralysis, seeking compensation is especially important, as many of these accident victims require long-term care and are unable to maintain working at the same level as before. 

But make no mistake: Seeking compensation for paralysis injuries is not always easy. Injury victims may face several challenges, including liability disputes, insurance company issues, statute of limitations, and complex legal procedures. The best way to ensure these challenges don’t hurt your chances of securing the compensation you deserve is by partnering with an experienced Orange County personal injury lawyer

Case Barnett Law: Trusted Paralysis and Spinal Cord Injury Attorneys in CA

If you or a loved one developed paralysis after an accident caused by someone else, you need to understand that you are entitled to financial compensation. Securing the full range of possible damages can help you ensure you receive the care you deserve and don’t suffer additional harm because of someone else’s negligence. 

The good news is that you don’t have to look too far for help. The compassionate accident and injury lawyer team at Case Barnett Law is here to help navigate the legal complexities ahead of you. Ready to get started? Contact us online to schedule a free consultation today.

Case C. Barnett
Costa Mesa Personal Injury Attorney practicing in child injury law, car accident injuries and elder abuse law
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