Injuries that result in loss of function, even partially, have a tremendous impact on the life of the injured person. Paralysis can render an individual unable to engage in activities they once enjoyed and, in some cases, prevent them from living independently. Even a relatively mild paralytic injury that affects only one limb could upend the course of a person’s life.
If another’s negligence is a factor in an accident that resulted in your paralysis, you should speak with a skilled attorney about your legal options for recovery. By consulting with a Maryland Heights paralysis injury lawyer, you could improve your chances at a favorable resolution to your case.
While some types of paralysis are the result of illness, the majority of paralysis is caused by accidents. Head injuries, spinal cord damage, and some forms of nerve damage could result in a person losing functionality or feeling in different parts of their body. The most common paralyzing accidents include, but are not limited to:
Regardless of the severity of the paralysis, it falls on the paralyzed person seeking damages to establish that someone else’s negligence was a factor in their injury. An experienced local attorney could review the circumstances that led to the paralyzing injury to determine proof of negligence.
Negligence is the failure of someone to exercise the degree of care that a reasonable person would take under similar circumstances. Proving negligence requires an injured person (plaintiff) to show that someone else (defendant) had an obligation that they failed to meet, and the plaintiff was injured and suffered documentable losses as a result of the failure.
The specifics of proving negligence depend on the facts of a particular case. If paralysis resulted from a car accident, a Maryland Heights lawyer could prove negligence by showing that a driver was violating their duty to comply with vehicle and traffic laws when the accident happened. If the injury was the result of an accident playing football, proving negligence might involve assertions that the plaintiff’s helmet was defective, supervision was inadequate, or that poor maintenance rendered the field unsafe.
In some cases, it may be determined the plaintiff’s actions contributed to their paralyzing incident. Missouri Revised Statutes §537.765 allows a negligent plaintiff to collect damages from other negligent parties, even when the plaintiff’s negligence is the primary cause of the accident. However, a court will reduce a plaintiff’s damages by a percentage that equals the plaintiff’s degree of fault.
In many personal injury cases, a unit of government could be a potential defendant. This might happen if a motor vehicle accident involved a city-owned vehicle, if a fall took place in a government building, or if a person suffered a diving injury at a municipal pool. An experienced paralysis attorney could evaluate an accident to determine whether the state or any local government might bear some responsibility for the injury.
An injured person who intends to sue the state or a local government within Missouri must act quickly. Missouri law requires a plaintiff to file a notice of claim within 90 days of the incident that led to the injury. This is a simple form and not the same as filing a lawsuit, but a plaintiff will lose the right to bring a lawsuit against the governmental entity if they fail to timely file the notice of claim.
Paralysis is difficult to live with and expensive to manage. Anyone who suffers a paralyzing injury as a result of someone else’s negligence deserves compensation for their losses.
A Maryland Heights paralysis injury lawyer could help you identify all the potentially responsible parties who might be liable for damages and work hard to ensure you receive an appropriate settlement. Schedule a case review with our team today to get started.
