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How Do I Know If I Have A Valid Spinal Cord Injury Claim In Texas?

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Spinal Cord Injury Claims

If you or someone close to you has sustained a spinal cord injury, it is natural to question whether you have a legitimate claim for compensation. The repercussions of such an injury can be profound and far-reaching, affecting not only your physical health but also your emotional and financial well-being. It is therefore crucial to be aware of your legal rights and options.

Understanding Negligence And Liability

To determine whether you have a valid claim for a spinal cord injury, it is essential to establish negligence and liability. Negligence refers to the failure of an individual or entity to take reasonable care, leading to harm to others. For a valid claim, it is necessary to prove that someone else’s negligence or wrongdoing caused the spinal cord injury. In cases of spinal cord injury, such negligence may include a car accident caused by a driver who was texting while driving, a fall caused by unsafe conditions on someone else’s property, or a medical error during surgery or treatment.

Liability refers to the legal responsibility of an individual or entity for someone else’s injuries. To establish liability, it is crucial to demonstrate that the person or entity responsible for the injury had a duty to act in a certain way but failed to do so. For instance, a property owner has a duty to maintain a safe environment for visitors, and a driver has a duty to abide by traffic laws.

  • Negligence In Spinal Cord Injury Cases

In spinal cord injury cases, negligence pertains to the failure to take reasonable steps to avoid causing harm to others. Proving someone else’s negligence or wrongful acts as the cause of your spinal cord injury is necessary to have a valid claim for compensation. There are various types of negligence that can lead to a spinal cord injury, including:

  1. Car Accidents Caused By Distracted Or Impaired Driving: A spinal cord injury can result from a severe car accident caused by a driver who is distracted by texting, eating, or using their phone while driving. It is also possible for a spinal cord injury to occur when a driver is impaired by drugs or alcohol and causes a collision.
  2. Falls Caused By Unsafe Conditions On Someone Else’s Property: It is the responsibility of property owners to ensure that their premises are safe for visitors, and failure to do so can result in dangerous conditions that may cause a spinal cord injury. Some examples of these hazardous conditions include floors that are slippery, stair railings that are broken, or walkways that are uneven.
  3. Medical Errors During Surgery Or Treatment: It is the legal obligation of medical professionals to ensure a certain level of care to their patients. If they fail to provide such care, it can result in severe injuries, such as a spinal cord injury. Various medical errors like wrong medication, surgical blunders, and misdiagnosis can cause a spinal cord injury.
  • Liability In Spinal Cord Injury Cases

To be legally responsible for someone else’s injuries is known as liability. In a spinal cord injury case, establishing liability requires demonstrating that the responsible person or entity had a duty to act in a particular way but failed to do so. Liability can manifest in various forms in spinal cord injury cases, including:

  1. Liability Of Property Owners: Property owners are required to maintain their premises in a safe condition for visitors. If a property owner neglects to take reasonable measures to ensure that their property is safe, they may be held responsible for any injuries resulting from the unsafe conditions. For instance, if a property owner does not repair a broken stair railing and someone falls and suffers a spinal cord injury, the property owner may be held liable.
  2. Employer Liability: Employers are required to provide their employees with a safe working environment. If an employer fails to take reasonable steps to maintain a safe workplace, they may be held responsible for any resulting injuries. For instance, if an employer does not provide the necessary safety equipment to employees working at heights and someone falls and suffers a spinal cord injury, the employer may be held liable.
  3. Product Liability: Product manufacturers are required to ensure that their products are safe for consumers to use. If a product is faulty or inherently hazardous and causes a spinal cord injury, the manufacturer may be held liable for any injuries that result. For example, if a defective seatbelt in a car accident causes a spinal cord injury, the manufacturer of the seatbelt may be held liable for any resulting injuries.

The Time to Act is Now 

 

Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 308-3998

Time Limitations For Filing A Spinal Cord Injury Claim

The time limits for filing a spinal cord injury claim in Texas are determined by the state’s statute of limitations, which establishes the maximum amount of time an injured person has to file a legal claim after their injury. If the individual fails to file their claim within the designated time frame, they may lose their right to seek compensation for their injuries.

Typically, the statute of limitations for filing a spinal cord injury claim in Texas is two years from the date of the injury. This means that an individual must file their claim within two years of the date they suffered the spinal cord injury. If they fail to do so, their claim may be barred by the statute of limitations.

However, there are exceptions to the two-year rule. For example, if the person was a minor (under 18 years old) at the time of the injury, the statute of limitations may be extended. In such cases, the two-year time limit does not begin until the minor reaches the age of 18.

Another exception to the two-year rule applies when the spinal cord injury was not immediately apparent. For example, if a medical professional’s negligence during a surgery or treatment leads to a spinal cord injury, the two-year time limit may not start until the injury is discovered. This is known as the “discovery rule.”

It is important to note that even if the statute of limitations has not yet expired, it is generally recommended to file a spinal cord injury claim as soon as possible after the injury occurs. This is because evidence may become harder to gather over time, and witnesses may become harder to locate.

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Types Of Compensation Available For A Spinal Cord Injury Claim

In a spinal cord injury claim, the victim may be entitled to various types of compensation, including medical expenses, lost wages, pain and suffering, and punitive damages. Compensation for medical expenses may include reimbursement for past and future medical costs, such as hospital bills, surgeries, rehabilitation, and assistive devices. Lost wages and earning capacity compensation may cover the victim’s past and future lost earnings or reduced earning capacity resulting from the injury. Pain and suffering compensation is based on the severity of the injury and the impact it has on the victim’s life. Punitive damages may be awarded in cases of egregious conduct by the responsible party. It is important to note that there is no set dollar amount for any type of compensation, as each case is unique. A knowledgeable spinal cord injury attorney can help victims understand what types of compensation may be available and work to secure the maximum amount possible.

Get Legal Help

At Spinal Injury Lawyers of Texas, we understand the immense impact a spinal cord injury can have on your life. We believe that you deserve dedicated and compassionate legal representation to help you navigate the complex process of seeking compensation for your injuries. Our experienced team of attorneys is committed to guiding you every step of the way, so you can focus on your recovery.

We work on a contingency fee basis, meaning that we only get paid if you receive a settlement or judgment in your favor. This allows you to prioritize your health and well-being while we handle the legal work. Our compassionate approach to client care means that we are here to listen to your story, answer your questions, and provide support throughout the process.

We understand that a spinal cord injury can be an isolating and overwhelming experience, but you don’t have to go through it alone. Our goal is to help you achieve the best possible outcome for your case while ensuring that you feel heard, respected, and cared for. If you or a loved one has suffered a spinal cord injury, please reach out to us. We are here to help you fight for the compensation and justice you deserve.

Concentrate on your recovery and let us handle the legal side of things. You may schedule a free consultation and case evaluation by calling Spinal Injury Texas at (888) 309-3998 or completing an online contact form. No fees unless we recover compensation for you.  

The Time to Act is Now 

 

Act now for a free consultation from our top-rated legal  team to discuss any rights or compensation that you may be entitled.

We will fight to get the maximum compensation owed to you for your injuries and losses.

Complete The Form Or Call – (888) 308-3998

Attorney Advertising. Prior results do not guarantee a similar outcome. The information you obtain at this website is not, nor is it intended to be, legal advice. You should consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls or communications. However, contacting us does not create an attorney-client relationship. Please do not send any confidential information to us unless and until an attorney-client relationship has been established, which will be via a signed, written, retainer agreement. This website contains articles and commentary regarding certain jury verdicts. However, a jury verdict often does not reflect the actual amount that a plaintiff receives. Judges often reduce jury awards. Sometimes Judges add attorneys’ fees and other damages to awards. As a result, final awards or settlements, are often for different amounts than the amount awarded by the jury. Many of the jury awards discussed on the website, ended up being dramatically reduced. The depictions on the website that portray lawyers/clients are models and are not the actual lawyers/clients of the firm. The scenes depicted on this website are fictionalized.