Spinal Cord Injury Case Studies
According to the National Institute of Catastrophic of Neurological Disorders and Stroke, spinal cord
injury case studies, "falls, being thrown from a horse or through a windshield, or any kind of physical
trauma that crushes and compresses the vertebrae in the neck can cause irreversible damage at the cervical
level of the spinal cord and below. Paralysis of most of the body including the arms and legs, called
quadriplegia, is the likely result. Automobile accidents are often responsible for spinal cord damage in the
middle back (the thoracic or lumbar area), which can cause paralysis of the lower trunk and lower
extremities, called paraplegia." Legally, financial recovery of damages sustained is determined by personal
injury laws. The application of these laws is different for each individual.
Personal Injury Law - Spinal Cord Injury Case Studies:
When considering any spinal cord injury case, state personal injury law and practices generally determine which causes of
action create liability, what damages are recoverable, and how to recover the award of a judgment. Less
frequently, federal law preempts state law and requires claims to be filed in the federal court or
administrative processes, or alternatively, may permit an election of either state or federal law. In all
cases, settlement of liability claims before trial is encouraged by the court system as a matter of judicial
economy. Settlement of spinal cord injury case is voluntary, and offers several distinct advantages over trial. These
advantages include the elimination of risk, a guaranteed recovery of a known amount, and the reduction of
time, attorney fees, and costs required to collect amounts owed. The primary disadvantage of settling a
spinal cord injury case is economic - plaintiffs may recover far more if the court or a jury assesses damage amounts.
Interpretation of Laws:
The application of personal injury laws is an organic process, based upon facts which are unique to each claim. Statutes,
case law, and rules of court all influence the success or failure of each case. Lawyers who specialize in
spinal cord injury case for plaintiffs tend to be creative in expansive interpretation of both liability and damages
sustained. Likewise, defense attorneys and claims adjusters are equally creative in influencing settlement
for less than the true trial value when the claimant is not represented. See also: Spinal Cord Injury Case Studies - How to
Find a Lawyer, Laws, & Lawyer Searches.
|
