Omaha Spine Injury Attorney

Spine Injury After Accidents

Spinal cord injuries are defined by the Centers for Disease Control and Prevention as “an acute traumatic lesion of the neural elements in the spinal canal, resulting in temporary or permanent sensory deficit, motor deficit, or bowel/bladder dysfunction.”

Taking this definition into consideration, it is easy to understand why spine injuries are so serious and must be treated as soon as possible after an accident. Spinal cord injuries have the potential to completely change your life and the lives of those close to you as they must adapt along with you.

According to the National Spinal Cord Injury Database, approximately 12,500 new spinal cord injuries occur each year, with the average age at time of injury increasing to 42 (from 29 in 1970).

According to these statistics, the most frequent result of spinal cord injury is incomplete tetraplegia, although paraplegia and complete tetraplegia are not far behind. Unfortunately, a very small percentage (less than 1%) of people who received spinal injuries experienced complete neurologic recovery.

Paralysis after Spine Injury

The location of the spinal cord injury will determine any paralysis that occurs. If the victim sustained an injury below the first thoracic spinal nerve, this will result in a loss of feeling in the torso. Some paraplegics may be able to move their legs, although it varies from case to case.

Paraplegics will also have control of their arms and hands. However, if the injury occurs above the first thoracic vertebra, quadriplegia, or tetraplegia will occur, which is the partial or total loss of all limbs and torso. This type of paralysis can even affect an injured party’s ability to breath on their own.

Spine Injury Recovery

Spine injuries are extremely severe and can lead to a lifetime of ongoing medical assistance. Not only will the physical health of a spine injury victim be turned upside down, but the financial security of their family will also begin to suffer. One family member may have to quit their job in order to provide ongoing care to the victim of a spine injury as the cheaper alternative to hiring home health care.

However, the victim of a spine injury is entitled to bring personal injury claims for damages against the responsible party, seeking the following:

• Medical expenses
• Rehabilitation care
• Ongoing medical treatment
• Lost wages
• Future earnings
• Loss of companionship
• Pain and suffering

Spine injuries have a lasting impact not only on the victim but their entire family unit. A court will take into consideration the current salary of the injured party at the time of the accident, their ability to perform work in the future, and the impact their salary had on the family.

An experienced personal injury attorney will be able to assist you in calculating the proper amount of damages, including estimating the future expenses which will occur as the result of a spine injury. You should not be forced to cover years and decades’ worth of medical expenses due to the negligence of one person’s actions in causing the accident.

What Does a Spinal Cord Injury Cost Over a Lifetime?

One of the many distressing facts about suffering a spinal cord injury is that you and your family will have to find a way to pay for lifelong medical costs. The National Spinal Cord Injury Statistical Center estimates the maximum lifetime expenses of a spinal cord injury to be $4,729,788 if the victim has high tetraplegia and sustained the injury at age 25.

Even the lowest estimate – a patient with any level of motor function disability and an injury at 50 years old – will pay over $1 million in lifelong health care costs.

The exorbitant cost of a paralyzing spinal cord injury is why these catastrophic personal injury claims are often worth so much in the Omaha courts. A spinal injury attorney with experience in the courtroom could demonstrate a victim’s life-changing and traumatic spine injury to a judge and jury. Illustrating the significant impact the injury had on the victim’s life could result in a better payout.

A judge may sympathize with the victim and award additional punitive damages, for example. Maximizing your case results may take hiring a personal injury lawyer from Knowles Law Firm.

Who Is Liable for a Spine Injury?

Determining who is responsible for your spinal injury can be difficult, but carefully evaluating the possibilities and taking calculated legal action can help you obtain compensation for your losses.

Depending on the circumstances, any of the following individuals might be responsible for your injuries and damages related to your spinal injury:

• Negligent driver
• Manufacturer of vehicles, parts, or other involved equipment
• City or state government entity
• Parties responsible for maintaining premises
• Employer or employee of the property
• Premises owner or renter
• Third-party entities, including those responsible for maintenance or other safety regulations
• Passenger or pedestrian involved in an accident
• Negligent medical providers

Additional parties may also be liable for your losses and injuries, so we encourage you to work with a personal injury lawyer from Knowles Law Firm for support. In some cases, multiple parties must be held accountable for their actions and financial damage. We can help you identify who is liable, hold them accountable, and obtain complete and fair compensation for your damages. 

How to Prove Liability in Your Spine Injury Claim

To collect compensation in your spine injury claim, you must first prove another party’s fault and liability for your damages and bodily harm. Most spine injury claims fall under the personal injury category of the American legal system, meaning you must demonstrate the following items to win financial recovery.

Others owe you a duty of care, meaning they are responsible for helping to keep their surroundings safe and risk-free. For example, medical providers have the duty to ensure their tools and equipment are in proper working order, and vehicle drivers have the duty to follow posted speed limits.

Someone breached the duty of care by making circumstances more dangerous and likely to result in injury or death. For example, a driver breaks the duty of care if they speed when it is not safe. A doctor is negligent and breaks the duty of care if they knowingly use a faulty piece of medical equipment.

Demonstrable causation between negligence and your injuries. Most often, you can prove causation by presenting medical documents. It’s beneficial to seek medical care as quickly as possible, showing legal personnel that you take your well-being seriously.

You face losses due to the accident, including medical bills, lost wages, a drop in earning potential, court fees, property damage, and other items with objective monetary value.

Proving liability can be complex without a qualified attorney as your legal representation. When you retain an attorney from Knowles Law Firm, we can help collect, organize, and analyze evidence related to personal injury claims. We can conduct independent and thorough investigations into your case to build a solid case, helping you win complete and fair compensation.

How Is Fault Calculated in Nebraska Spine Injury Cases?

Spine injury cases generally fall under personal injury legal practices, so fault will be determined based on Nebraska’s modified comparative negligence rule. Nebraska uses a 50% bar, allowing an individual to win compensation based on their proportion of fault. However, the bar restricts those who are 50% or more responsible for an incident, so those who are majority at fault for an incident cannot receive a recovery.

Suppose Party A gets into a vehicular accident with Party B. If Party A is following the law perfectly and Party B hits them, causing a spine injury. If Party A’s personal injury claim for their spine injury is ultimately valued at $100,000, and they’re found 0% liable, they may be eligible for the entire claim value. Party B would be found 100% responsible. Party B and their insurance provider would be accountable for these losses. 

Typically, spinal cord injury victims will not get compensation directly from the responsible party, meaning all of the compensation will come from an insurance company. Party A might not get 100% of the recovery they deserve if Party B’s insurance coverage is insufficient.

If Party B’s qualifying insurance does not cover victim damages above $70,000, Party A will likely get $70,000 as a maximum. Luckily, additional coverage may be applicable if Party A has coverage that covers underinsured at-fault parties.

What Should You Do After an Incident Leading to Spinal Injury?

Following any incident that has led to a spinal injury, we have a few recommendations you can take. The following are some of our top recommendations for your next steps:

• Seek medical attention as quickly as possible; Listen to your medical team’s instructions as closely as possible
• Take notes and records of your condition and experience, as this will help keep your story clear
• Collect any evidence and information you can. If you cannot collect specific proof, a personal injury lawyer handling your claim can help.
• Stay offline and log out of your social media accounts
• Do not discuss your case with friends, family, or strangers. We can only recommend discussing your case with a retained attorney, as you’ll have better privacy within the lawyer-client relationship
• Be cautious when communicating with insurance companies, only providing information they legally require
• Retain a spinal cord injury lawyer as soon as possible to boost your odds of legal success
• Follow your lawyer’s recommendations for next steps as closely as possible

When you’ve been seriously hurt, your top priority should be healing. The sooner you get medical attention, the sooner you’ll be able to receive treatment and clear instructions for taking care of yourself.

If you need help finding a trustworthy medical provider who can assist in your time of need, a spinal cord injury lawyer from Knowles Law Firm can work with you to discuss your options. We can refer you to a provider we trust, explore options to work with a doctor you already trust, and discuss your needs in greater detail.

We can also provide tailored recommendations for your next steps, as we have extensive legal experience. Speak freely with us, as this will help us better understand your precise needs and circumstances. We at Knowles Law Firm look forward to hearing from you and continually providing the invaluable support you need.