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Comprehensive Guide to Spinal Cord Injury Claims in Chester County

Spinal cord injuries are one of the most malicious and worst injuries an individual can end up facing. All too often they lead to massive trauma, physical and emotional hurt, as well as operational expense impacts victims as well as his or her family. For those who have been affected, understanding the spinal cord injury claims process in Chester County is vital as it serves as a route toward repayment meant for medical care and rehabilitation on their way back to a normal quality of life. 

Our team at HoeyLegal is committed to defending individuals with spinal cord injuries in this complicated area of the law so that they can receive a fair outcome.                                                                                                                                                                          

Understanding Spinal Cord Injuries

Spinal cord injuries occur when there is a deformation or damage to the spinal cord. Basically, the injury disrupts the communication between the body and the brain, and the severity and location of the injury specifies the impairment. They can be both of traumatic and non-traumatic origin and result in the long-term disability of the victim. Generally, SCI is classified into two groups:

  • Complete Injury – It occurs when there is no sensation or motor activity below the point of the damage. In other words, the spinal cord is fully severed or damaged in this case, and the victim is unable to move or feel anything below the point of injury.
  • Incomplete Injury – In this type of injury, some sensation or motor function remains below the level of the injury. This means that the spinal cord is only partially damaged, allowing for varying degrees of function and feeling below the injury site.

Legal Grounds for Spinal Cord Injury Claims

Negligence and liability are the crucial parts of basis establishing a SCI claim. The emphasis is made on the following:

Explanation of Negligence and Liability

  • Negligence – This occurs when an individual or entity neglects to take reasonable precautions, causing harm or damage to another individual. Reasonable care refers to the standard of behavior expected in specific situations to prevent harm to others.
  • Liability – This is when the at-fault party has a legal obligation in that when negligence is proven, the individual must compensate the injured person for their injuries or losses. They are exposed to what the law states or demands.

Situations Leading to Claims

  • Car Accidents – Negligent driving practices include speeding, breaking traffic regulations, driving while impaired like drunk driving, and distracted driving like texting while driving, are common causes of claims.
  • Workplace Accidents – Unsafe working conditions, lack of proper safety measures, inadequate training, or failure to follow safety protocols can lead to SCIs. Employers have a duty to ensure a safe working environment.
  • Medical Errors – Misdiagnoses, surgical mistakes, improper treatment, and delays in providing necessary medical care can cause or exacerbate SCIs. Healthcare professionals must adhere to a standard of care in their treatment of patients.

Proving Negligence

To establish fault and succeed in a spinal cord injury claim, the following elements must be demonstrated:

  1. Duty of Care – The defendant’s duty of care to the plaintiff must be proven. For example, drivers owe a duty to other road users to drive safely, employers owe a duty to provide a safe workplace, and medical professionals owe a duty to provide competent medical care.
  2. Breach of Duty – They must demonstrate that the defendant’s failure to act with reasonable care constituted a breach of this obligation. This could include actions like running a red light, neglecting workplace safety regulations, or making a surgical error.
  3. Causation – The parties must clearly connect the harm incurred with the violation of duty. The plaintiff must demonstrate that the defendant’s activities specifically caused the spinal cord injury.
  4. Damages – In order to recover damages for the injuries, the plaintiff must present proof of such damages. Financial statements that reflect lost income, medical records, and accounts of agony and suffering are all examples of this.

Building a Strong Legal Case

A successful spinal cord injury claim hinges on thorough preparation and compelling evidence. Legal professionals specializing in personal injury and SCI cases can help build a strong case by:

  • Collecting comprehensive medical records and expert testimonies.
  • Collecting pictures, videos, and witness accounts from the scene of the accident as evidence.
  • Demonstrating the financial impact of the injury through detailed documentation of medical bills, lost income, and future care needs.
  • Clearly articulating the non-economic damages, including pain and suffering and loss of consortium.

By effectively proving negligence and establishing liability, victims of spinal cord injuries can secure the compensation needed to cover their extensive medical expenses, support long-term care, and address the profound personal and emotional impacts of their injuries.

Key Components of a Spinal Cord Injury Claim

Filing a comprehensive spinal cord injury (SCI) claim requires several critical elements to ensure adequate compensation for the victim’s losses. The key components include:

Medical Evidence

  • Detailed Documentation – A thorough record of the injury, including initial diagnosis, treatment plans, progress notes, and future prognosis, is essential. This documentation should encompass all medical evaluations, imaging studies (like MRIs or CT scans), surgical reports, and rehabilitation notes.
  • Expert Testimony – Medical experts, such as neurologists, orthopedic surgeons, and rehabilitation specialists, can provide testimony to explain the extent of the injury, the necessary treatments, and the anticipated long-term impact on the victim’s life.

Financial Losses

  • Medical Bills – Include every medical expense, both current and future, in the claim. This includes trips to the emergency room, stays in hospitals, operations, prescription drugs, physical therapy, and any other required medical care.
  • Lost Wages – An essential component of the claim is payment for lost wages resulting from time away from work.
  • Future Care Costs – Factor in long-term care and rehabilitation expenses into the claim. This includes costs for in-home care, assisted living facilities, adaptive equipment, and ongoing rehabilitation services.

Non-Economic Damages

  • Pain and Suffering – These damages compensate for the victim’s emotional and bodily suffering caused by the injury. They consider the impact of chronic pain, reduced mobility, and the psychological toll of the injury.
  • Diminished Cooperation and Relations – This describes how the injury has impacted the victim’s connections and family life. It includes the loss of companionship, affection, and support that the victim provided to their spouse or family members before the injury.

HoeyLegal – Your Personal Injury Lawyers in Chester County 

Having learned about the process of filing claims for spinal cord injuries, you can facilitate receiving the compensation you need to restore your life. By getting professional help, you will also avoid many common mistakes people who attempt the process on their own, make along the way. 

Do not postpone seeking assistance if a spinal cord injury has affected you or a loved one. Contact HoeyLegal in Chester County to schedule a consultation and explore your options for pursuing a spinal cord injury claim.

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At HoeyLegal, we have dedicated our careers to fighting for our clients. If you have been injured in an accident or charged with a crime, you need a lawyer who will work tirelessly on your behalf.

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Distracted Driving

Pennsylvania defines distracted driving as “an activity that could divert a person’s attention away from the primary task of driving.” Drivers have to focus on driving, so they can react to the information on the road, such as road conditions, hazards and other drivers. Distracted drivers do not react appropriately and thus put others at risk for severe injury or death. Examples of distractions, besides using cell phones and texting, include drinking, eating, adjusting the radio, adjusting climate controls, adjusting seats, combing hair, putting on make-up, daydreaming, reaching for dropped items, engaging in heavy conversations, and focusing on events outside of the car.

Driving Under the Influence

Driving under the influence typically refers to alcohol use, but drug use can also impair drivers and cause severe car accidents.  In either situation, enjoying cocktails at happy hour, celebrating with drugs or alcohol, drinking too much wine for dinner and unwinding after a long week at work results in too many motorists driving under the influence.  Controlled substances impact each person differently, making it common for someone to misjudge his or her level of impairment.  These poor judgments can lead to severe and sometimes fatal car accidents.

Driver Fatigue

Driving without enough sleep is commonplace for many in the Commonwealth of Pennsylvania and across the nation. Truck drivers, shift workers, and those with sleep disorders are most vulnerable to causing an accident because they are drowsy or fatigued. Not having enough rest slows down reaction time and impairs the senses. In fact, the Federal Motor Carrier Safety Administration (FMCSA) claims that eighteen (18) hours without sleep impairs a driver to the same extent as someone who has a 0.08 blood or breath alcohol concentration after consuming alcohol.

Speeding

The National Highway Transportation Safety Administration (NHTSA) estimates that one-third of all car accidents involve speeding. Drivers who rush, run late, or simply lack patience may choose to speed when they get behind the wheel. Speeding makes it more likely that a driver will lose control of his or her vehicle and makes it more difficult to react to road hazards and other vehicles. Speeding also increases the impact of a car accident and makes it far less likely that a negligent driver may maintain control of his vehicle sufficient to prevent a collision. High speed car accidents make it far more likely that those involved will suffer severe injuries or death.

OBTAIN NECESSARY COURT ORDERS TO PRESERVE EVIDENCE

At HoeyLegal, we know from our litigation experience that tractor-trailer drivers often operate at least one cellular phone which is in use at, during, or immediately prior to a tractor-trailer accident. Additionally, most tractor-trailers are equipped with data recorders which capture, in real-time, important vehicle operation events including speed, hard braking and other evasive maneuvers taken by the operator and the tractor-trailer.  It is imperative that this evidence be obtained before it is destroyed.  At HoeyLegal, our trial attorneys will obtain any necessary court order to preserve this evidence for trial.

IDENTIFY ALL AT-FAULT DEFENDANTS

Oftentimes, there are several defendants responsible for the tractor-trailer accident. In most cases, at least two defendants are responsible for the ownership and operation of the tractor-trailer.  There may be additional defendants responsible for the hiring and retention of the tractor-trailer driver.  At HoeyLegal, our investigators will promptly identify the responsible defendants and immediately request the preservation of all evidence related to the hiring and retention of the driver, inspection of the vehicles and the supervision and drug/alcohol testing of the vehicle operator.

LOCATE, EXAMINE AND INSPECT THE TRACTOR-TRAILER

Our accident investigators include mechanics who will immediately respond to the accident site and the location where the truck has been impounded in order to photograph the truck and conduct necessary mechanical inspections of the vehicle. In the event that a court order is necessary to examine and inspect the trucks, HoeyLegal Attorneys will promptly file the necessary motions to enable the HoeyLegal mechanics and inspectors to conduct a prompt evaluation of the mechanical function of the at-fault tractor-trailer

ACCIDENT RECONSTRUCTION

Our expert accident investigators include former Pennsylvania State Police accident investigators and nationally recognized engineers who will carefully photograph the accident scene and conduct all necessary measurements of skid marks, yaw marks, displacement of debris and thoroughly examine the accident site to preserve all evidence for the time of trial.

INTERVIEW ALL WITNESS

Our investigators will promptly interview and record all witnesses that observed the accident and collect all biographical information from the witnesses so they will available to testify on your behalf at trial.

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