Paralyzing injuries may have long-term physical and emotional consequences. When someone else’s negligence causes your paralysis, you should try to hold them responsible for their actions. The spinal cord injury attorneys at the Law Offices know how much Miami residents and their families may be going through as they try to cope with the aftermath of a devastating accident. We assist victims in all aspects of the legal process when pursuing personal injury claims so that they can focus on their recovery.Seeking Compensation through a Negligence Claim
Quadriplegia, known also as tetraplegia, is a type of paralysis that occurs after a complete upper spinal cord injury. The result is a victim losing the use of his or her torso and pelvic organs as well as all four limbs. Quadriplegia can occur in many types of situations, including car or truck crashes, swimming pool accidents, or medical negligence. Many of these events are due to someone else’s negligent conduct. Victims may be able to hold those responsible liable for their actions and potentially receive damages by filing a personal injury claim. To establish negligence, a victim, or plaintiff, must show that:
- He or she was owed a duty of care by the defendant;
- That duty was breached by the defendant’s actions;
- Those actions directly caused the victim’s quadriplegia; and
- Damages resulted that are reasonably quantifiable.
In the context of motor vehicle accidents, all drivers owe others on the road a duty of care to act reasonably given the specific circumstances. Therefore, for example, someone who is texting behind the wheel and causes an accident as a result probably will be found to have acted unreasonably. The standard for medical negligence is similar in that a doctor owes his or her patients a duty of reasonable care to act in a similar way to another professional with comparable training and experience in the same geographic area. Pursuant to Florida’s statute of limitations, most personal injury claims must be filed within four years of an accident, but medical malpractice claims must be filed within two years. In the event that a paralyzing injury proves fatal, family members also have two years in which to file a wrongful death lawsuit.
Damages that may be awarded to quadriplegic victims often include past and future medical costs, loss of income and earning capacity, and pain and suffering, as well as any other costs and losses arising from the accident. Victims of these severe injuries may require long-term assistance in the form of life care planning, which takes into consideration a person’s medical, rehabilitative, psychological, social, and educational needs. Formulations of these plans assist courts in determining the appropriate amount of damages to assure victims are able to pursue a reasonably acceptable quality of life.Explore Your Options with a Miami Attorney after an Accident
If you have suffered a catastrophic injury in a car accident or another avoidable event, the Miami lawyers at the Law Offices can help you assert your legal rights. Our firm also represents individuals in Fort Lauderdale and other South Florida cities throughout Miami-Dade, Broward, and Palm Beach Counties. Call (877) 499-4878 or contact us online for a free, no-obligation consultation about your case.