Spinal cord injuries can be catastrophic and traumatic, sometimes resulting in permanent paralysis. In any case, mounting medical bills as long-term care continues, lost work and overwhelming mental stress are all possible. Simply put, your daily life may change significantly and forever.
That said, what is done after a spinal cord injury accident can have a tremendous impact on your ability to, with the assistance of a spinal cord injury lawyer in Texas, be reimbursed by the entity or entities at fault for the accident. This applies to what is done immediately after it happened as well as what occurs in the weeks, months and years that follow.
Call 911 and Seek Immediate Medical Attention
Immediately call 911 or, if you are unable to, have someone else do so as a spinal cord injury is one in which no hesitation should be made before emergency care is consulted. Just a couple of the ways that this type of injury may worsen without prompt treatment include increased swelling, which can damage nerve tissue, and reduced blood flow, which can result in reduced oxygen levels in pivotal areas of the spine.
Also keep in mind that a spinal cord injury may not be apparent right away.
In any case, make sure that careful and consistent medical documentation is being kept as it can prove pivotal for any legal cases that may result.
Stabilize the Situation and Avoid Further Injury
Ensure that the person with the spinal cord injury is not moved unless absolutely necessary, such as because an adjacent fire is about to get out of control, drowning will happen without the person being moved, their body needs to be carefully repositioned in order to start CPR, choking is likely or severe bleeding needs to be controlled. If moving is necessary, keep the head, neck and spine as aligned as possible while doing so.
But, again, do not move the injured person unless it is clear that failing to do so is the more dangerous option. The importance of minimizing spinal movement cannot be overstated, and even small movements could be catastrophic.
Otherwise, wait for trained medical professionals to arrive as they will know how to best handle the situation.
Document the Accident Scene
As best as possible, make sure that the accident scene is fully documented. That includes the taking of photos or videos of injuries without moving the person who suffered the spinal cord injury unnecessarily and of impacted vehicles, skid marks, traffic signs and hazards. If in doubt, record it. You never want to look back and wish that something had been recorded, and little risk is experienced if unused photos or videos were taken.
Also get the names and contact information of any witnesses.
Notify the Proper Authorities
In the immediate aftermath of this accident, ensure that the proper authorities are being notified. For car crashes, the police should be consulted. For a spinal cord injury that was instead caused at a workplace or other type of premises, a supervisor or store management should be notified. In the latter sets of circumstances, the 911 operator will help determine if the police should be called out in addition to medical professionals.
Afterwards, obtain the police or incident report as those details are pivotal to your case and will be used by your spinal cord injury attorney in Texas and others involved in those legal proceedings. In some circumstances, both types of reports will have been filed and are retrievable.
Follow All Medical Treatment Plans
Following your spinal cord injury, attend all appointments and follow-ups possible as consistent care will create a strong legal connection between the incident and your injury and show that you are doing your part to mitigate damages, which is important from a legal perspective. Also, following medical treatment plans will help you recover and avoid preventable complications.
Keep detailed records, including of diagnoses, treatments, prescribed medications and rehabilitation plans, as well.
Understand the Severity of Spinal Cord Injuries
It is important to understand the degrees of severity of spinal cord injuries.
Types of Injuries
The main difference between spinal cord injuries is whether it is complete or incomplete.
A complete spinal cord injury results in no function whatsoever being possible from the areas of the body that that part of the spine and below it connect to. That is why a spinal cord injury in the lower spine might result in the complete loss of sensation in the legs (i.e. paraplegia) while one higher up could affect the arms in that way as well (i.e. quadriplegia).
Conversely, someone who has suffered an incomplete spinal cord injury will still have some function and sensation in the affected areas.
Long-Term Effects
One of the main long-term effects of a spinal cord injury is the loss of mobility with assistive devices, such as a wheelchair, being necessary to reduce that impact. Breathing issues, chronic pain and mental health struggles are also potential long-term effects that may impact those who have suffered spinal cord injuries.
Track All Expenses and Losses
Keep track of all expenses and losses related to your spinal cord injury. Those can include medical bills in connection with hospital stays, rehab and therapy, necessary home modifications and assistive devices, lost wages since the incident and expected reduced earning capacity in the future.
Avoid Speaking to Insurance Companies Alone
It is important to only speak to insurance companies after consulting the services of a catastrophic injury lawyer in Texas. That said, you may need to contact yours right away, such as is often the case following a car accident. If that needs to happen before you start working with a catastrophic injury attorney in Texas, only provide basic details, such as the relevant date, time and location. Do not apply blame or discuss symptoms.
In particular, do not give recorded statements unless a Texas spinal injury lawyer has communicated that doing so is in your best interests. Even if that process feels harmless, you may have important things taken out of context.
Also do not accept any settlement offers until a Texas spinal injury attorney has reviewed the details. This is important since insurance companies usually send lowball offers soon after an accident. The bottom line is that they are usually focused on minimizing payouts.
Contact a Texas Spinal Cord Injury Lawyer
As soon as possible following a spinal cord injury, contact a Texas spinal cord injury lawyer, who will help determine who was at fault, investigate liability and assess if you are eligible for compensation.
Other potential steps that will be taken by an attorney in connection with a spinal cord injury include gathering expert testimony and calculating the economic, non-economic, past and future damages that occurred.
In any case, it is important that a consulted spinal cord injury lawyer in Texas has deep knowledge of the laws related to cases such as these. Knowing the tactics that insurance companies and other entities use during these types of circumstances and how to effectively respond to them is of vital importance as well.
Understanding Texas Laws That Impact Your Case
There are a few important laws that are important to note.
In particular, keep in mind that Texas has comparative fault spinal injury regulations that mean that if you were more than 50% at fault, you cannot recover any damages whatsoever. Meanwhile, if you were less than 50% at fault, what you can be awarded will be reduced by that percentage.
Also important is the statute of limitations. This is typically two years, meaning that you need to get this process started within two years of the incident, but there are some exceptions that can extend or even shorten that. If the statute of limitations that applies to your situation has passed, there will most likely be no opportunity to recover anything.
Additionally, if you were involved in a car accident, note that uninsured/underinsured motorist coverage may come into play. So would any liability coverage that was carried by the applicable drivers. At a minimum, that must cover $30,000 per person who was injured in the crash, $60,000 total for all of the people injured in the wreck and $25,000 for any property damage that occurred.
Compensation Available for Paralysis Injuries
Permanent paralysis compensation in Texas can vary because of a number of factors. That said, there are a few main categories of compensation that are possible for those suffering from this type of catastrophic injury.
Two of the most significant ones are medical expenses, both past and future, and lost income and future earnings. Another is pain and suffering, which usually relates to the physical pain and ongoing discomfort that are connected with that injury. Meanwhile, emotional distress describes psychological reactions to what happened, such as anxiety, depression and trauma, and not being able to live your normal life is legally defined as “loss of enjoyment of life;” both of those types of experiences can result in compensation as well.
Rehabilitation and Long-Term Recovery
During the rehabilitation and long-term recovery process, you may take part in costly physical therapy and need to purchase adaptive equipment or have your car be adapted to allow you to use it. Mental health support is another cost that helps those in these circumstances recover from what happened.
Common Causes of Spinal Cord Injuries in Texas
Some of the most common causes of spinal cord injuries in Texas include:
- Car and truck accidents
- Workplace incidents
- Premises injuries
- Sports and recreational accidents
How to Protect Your Legal Rights Moving Forward
There are a few important things that you can do moving forward that will help you protect your legal rights.
Preserve all evidence that has been secured.
Be careful to not make any social media mistakes. The best way to do this is to simply not mention what happened on social media while your case is being worked on.
Also keep a personal injury journal so that you have detailed records of how your recovery and adaptation processes are going.
Throughout this time, be organized with your documentation and otherwise. Doing so will help your case tremendously.
Call Haney Paschal & Romoser
If you have suffered a spinal cord injury, make sure to immediately call 911 or have someone else do so, keep yourself as stabilized as possible until medical professionals arrive, ensure that the accident scene is thoroughly documented, notify the proper authorities and, afterwards, continue receiving medical treatment.
Also, reach out to a catastrophic injury attorney in Texas, such as Haney Paschal & Romoser. Doing so as soon as you can will help you receive a fair settlement from at-fault actors that were involved in this incident.
FAQs
What should I do immediately after a spinal cord injury?
Immediately after a spinal cord injury, call 911 or ask someone else to if you are unable to and refrain from moving unless your life is on the line if you do not.
How long do I have to file a claim in Texas?
Generally, you have two years to file a claim in Texas, but there are some circumstances that can result in more or less time to do so.
How much is a paralysis injury case worth?
Giving an accurate estimate of how much a paralysis injury case is worth is impossible without knowing any of the specifics of the case, such as the severity of the injuries, who was at fault, if they were fully or partially at fault, what insurance coverage was carried and other factors.
Can I still recover damages if I was partially at fault?
It is possible to recover damages as long as you were 50% or less at fault for what happened.
Do I need a lawyer for a spinal cord injury case?
Generally, yes, you should consult the services of a lawyer for a case this significant. That is because the damages that can be recovered could be substantial and the process is oftentimes legally complicated. Also, lawyers can usually much more effectively negotiate with insurance companies and other involved entities.