Filing a Charleston paralysis case is complex, however, a seasoned lawyer is experienced handling these types of cases and helping injured victims recover damages. If you have suffered a paralysis injury due to the negligent actions of someone else, reach out to a skilled attorney as soon as possible. A knowledgeable lawyer could help you through the process of filing a Charleston paralysis case so that you can get the compensation that you deserve. Call today to schedule a consultation.
Paraplegia and Quadriplegia
The terms paraplegia and quadriplegia are still used, although tetraplegia has begun to replace them. These terms vary from jurisdiction to jurisdiction. Paraplegia is defined as the loss of use of the legs or the arms, and quadriplegia is defined as the loss of function of all four of the limbs. Tetraplegia is when the spinal cord has been damaged to the point that the function of one or more limb is impaired significantly. All of these injuries are life-changing, which is why it is essential for an injured individual to reach out to a lawyer who could help with filing a Charleston paralysis case.
Preparing for a Paralysis Case
Following a paralysis injury, it is important for the individual to seek medical attention and then call a lawyer right away. As soon as the attorney is contacted, they will begin preparing for the paralysis case. They will work to gather evidence regarding the liability of the wrongdoer and will send someone from the law firm to survey the accident scene. The lawyer will preserve evidence by interviewing witnesses, taking photos of the scene, looking for any video footage, and more.
The lawyer will send off spoliation letters to anyone and everyone who may have evidence that is relevant to the case. A spoliation letter simply tells anyone who receives it not to destroy any evidence, not to change any evidence, and to maintain the evidence they have. The lawyer also will work with the medical team to make sure that all appropriate medical treatment is being offered and to ensure it has been approved by the insurance company in a timely manner to prevent further injury and damage to the injured party. They will meet with doctors and experts to get opinions to prove the damages for loss of enjoyment of life, pain and suffering, permanent impairment, work restrictions, medical treatment, ability to work, and more.
Proving Liability
If a person cannot prove that there is a duty owed to the injured party and there a breach of that duty causally related to the damages of spinal cord injury or paralysis, then there would be no claim. This is different if the injury is in a work setting and is a workers’ compensation case. As long as a person can prove the employer-employee relationship and that the injured party was working in the course and scope of their employment, then they would have a workers’ compensation claim. It is possible to become paralyzed from an injury when no one exists to bring a case against, such as an injury that results from a fall on someone’s own property. In a civil action, a person is looking to see some type of negligence, gross negligence, recklessness, or even an intentional act that caused the injury. If a person can prove that, then they have a case. If they cannot prove that, then they likely do not have a case. For help with proving liability and filing a Charleston paralysis case, obtain the services of a well-established lawyer.
