Spinal cord injuries can be categories in a number of different ways. A “complete” spinal cord injury is an injury that leaves the victim with the complete loss of function below the point of the injury. On the other hand, an “incomplete” injury refers to a spinal cord injury that leaves the victim with some feeling or movement below the point of injury. Just like a brain injury, neck injury or head injury, the vast majority of complete spinal cord injuries are caused by trauma from an accident such as a car accident, a slip and fall accident, a sports injury such as falling while horseback riding, or from an assault. Furthermore, some spinal injuries are caused by a medical mistake. For example, a birth injury caused by a medical error made during the birth of a child, or some other type of medical malpractice an leave the victim with a severe injury to the spine. In addition to facing health challenges, those who suffer spinal injuries often face serious financial challenges because of the inability to return to work. However, New York law allows those injured due to the negligence of another person or entity to seek damages from that person. If you sustained a complete spinal cord injury due to the negligence or intentional act of another person or entity, contact an experienced Brooklyn Complete Injuries Lawyer who will review the facts of your case and explain to you the process holding the negligent party accompany through a personal injury lawsuit.
Types of Complete InjuriesA complete spinal cord injury is an injury that results in no movement below the point of the injury. There are several types of paralysis that may be complete or incomplete, depending on the severity of the damage to the spinal cord.
If you have a complete spinal cord injury as a result of an accidental or intentional act of another person, under New York law you have the right to pursue compensation through a personal injury claim. Victims who suffer from complete spinal cord injuries typically have significant medical bills. Such bills include not only emergency room and hospital bills related to treatment immediately after the accident, but also include what is often long-term physical therapy that is required to help the victim be able to regain muscle strength and the ability to perform activities of daily living. In addition, because spinal cord injury victims often have to miss a great deal of work or are unable to return to work at all, victims have the right to sue for lost wages and loss of earning capacity.
Keep in mind that even if your injury was caused by an intentional act of violence such as a stab wound or a gunshot wound, you can still pursue civil damages from the responsible person. You can do so regardless of the outcome of any criminal proceeding.
If your paralysis was the result of a work-related accident, you may be entitled to workers’ compensation benefits. New York's workers' compensation laws state that injured parties are entitled to compensation if they sustain a work-related injury. Compensation often comes in the form of medical expenses, lost income and benefits, loss of ability to earn, and more. However, it is important to know that worker’s compensation benefits are limited. Just because the accident occurred at work does not necessarily mean that you are limited to the benefit available through workers’ compensation.
Beware that New York law has a specific time limit for filing a claim in a spinal cord injury case. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit. In addition, if the party responsible for your injury was a government entity then there are special procedures you must follow to file a claim.
Brooklyn Complete Injuries LawyerA complete spinal cord injury will change your life in many different ways. You will have to face massive medical bills, physical pain, and a loss of income. If you suffered a spinal cord injury as a result of someone else’s negligence, contact an experienced attorney who understands the legal issues associated with personal injury cases. Stephen Bilkis & Associates, PLLC is experienced in handling personal injury cases stemming from auto, truck, motorcycle, boat, and construction accidents, as well as wrongful death, product liability and medical malpractice claims. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.