New York City Spinal Cord Injury Attorney Helping Victims Since 1992
A spinal cord injury can be tragic for a victim and for their family. The physical, financial, and emotional impact can be devastating. An injury of this proportion completely changes the quality of the victim’s life, and it usually involves extensive medical treatment and an incredible amount of personal support.
Many times, the victim may not be able to recover. This is when a New York personal injury lawyer can help. Victims could be left facing partial or complete paralysis where they are never again able to resume normal activities. Spinal cord injury victims are often left unable to work and have tremendous medical bills that must be paid in order to maintain any quality of life at all.
These medical expenses are a never-ending battle. They continue to mount even more quickly than they can be paid. This can compound the already overwhelming feelings of anger, hopelessness, and confusion that a spinal cord injury victim may be facing. The Mayo Clinic estimates that there are more than 10,000 new cases of spinal cord injuries every year.
The Law Offices of Michael S. Lamonsoff, PLLC, understands that this can be a delicate and confusing time for a victim and their family. This is why they offer personal attention and professional representation through their clients’ cases, as victims and their families need to be able to concentrate on healing and adapting during this difficult time. The Law Offices of Michael S. Lamonsoff, PLLC, has more than a combined 100 years of experience fighting for the rights of spinal cord injury victims and their families.
What is a spinal cord injury as described by a court of law?
Spinal cord injury cases can be quite complicated and must be persistently argued. A court of law will typically categorize a spinal cord injury as complete or incomplete. Both are usually catastrophic injuries that can cause a loss of mobility, permanent disabilities, and chronic pain.
It is not uncommon for a spinal cord injury victim to require therapy to help deal with the sudden loss of independence and the changing family dynamics. In a court of law, a complete spinal cord injury is described as a severed spinal cord that results in some type of paralysis. Paralysis is always the result of a complete spinal cord injury.
If the spinal cord is torn or bruise, but not completely cut, then the injury is considered incomplete. Incomplete spinal cord injuries may still result in a loss of mobility in one or more extremity, but not complete paralysis. The financial compensation awarded in these cases is meant primarily to ease the financial burden associated with medical expenses because no amount of money can help ease the pain associated with this type of loss.
What causes spinal cord injuries?
While spinal cord injuries are tragic, there are many different actions that can contribute to the cause of such injuries. According to research conducted by the Mayo Clinic, automobile accidents are the direct cause of almost half of the new spinal cord injuries reported annually.
Birth injuries and other medical mistakes are also a very large contributing factor to the number of spinal cord injuries accounted for every year. Additionally, they can be caused by or largely contributed to bicycle and motorcycle accidents, sports injuries, or slip and fall injuries.
Who can file spinal injury claims?
Anyone who has sustained a spinal cord injury unnecessarily and as a result of negligence on someone else’s part can file a spinal cord injury claim. If the victim happens to be a minor child, then the parent or guardian may file on his or her behalf.
How long do I have to file a claim for a back injury?
A spinal cord injury suit is considered to be a personal injury claim in a court of law. The state of New York imposes a three-year statute of limitations on a personal injury claim. They do understand that not all injuries are immediately apparent so the three-year statute runs from the date of the accident or the date that the injury should have been reasonably discovered.
The only exception to this rule is when the victim is a minor. The legal parent or guardian may file on the child’s behalf.
However, in some instances, the child may be given three years after his or her eighteenth birthday to file. Circumstances surrounding minors and the statute of limitations can be quite complex, so it is best to seek legal counsel from an experienced attorney.
What types of damages can be awarded in a spinal cord injury case?
Please keep in mind that every single case is different and treated on an individual basis. The types and amounts of compensation awarded in a claim will depend on many factors, including the severity of the injuries and the facts involved in the case. Whether the responsible party is a private citizen or an on-duty professional, such as a doctor, will also dictate how the case unfolds.
However, some of the most common damages awarded in these types of cases include:
- Medical expenses (past and future)
- Physical and occupational therapy
- Mental health such as therapy
- Mobility services
- Lost wages
- Loss of earning capacity
- Physical impairment
- Pain and suffering
- Mental anguish
Some other damages may be reserved for cases where the liable party acted in a particularly reckless manner.
How long does a spinal cord injury claim take?
Spinal cord injury cases are usually quite complex and do tend to take longer than some other types of cases. Because these types of claims involve a large amount of money, people do not always want to accept responsibility.
An experienced attorney will utilize demonstrative aids and expert testimony to help educate the jury before a verdict is reached. There are times where a fair and reasonable amount of compensation can be obtained through pre-trial negotiations.
In those instances, the time taken to resolve the case is significantly less. The highly-trained attorneys at The Law Offices of Michael S. Lamonsoff, PLLC, know how to navigate the legal system and prioritize your case to streamline the process while obtaining a positive outcome.
Contact a NY spinal injury law firm today
If you have suffered a spinal cord injury in an accident caused by the negligence or willful disregard of another person, contact The Law Offices of Michael S. Lamonsoff, PLLC, today. We will take the time to listen to you, go over the facts of your case, and present you with all of your options. As one of the best law firms in the state, we offer years of extensive experience and a proven track record of success representing spinal cord injury victims in New York.
Our highly-skilled attorneys work closely with experts in the field to investigate diligently while preparing and presenting the strongest argument available so you can recover the full amount of financial compensation in your case. We, will fight fiercely for your rights as a victim and represent your best interests so that you can concentrate on recovering.
To reach us, call the toll free number at (877) 675-4529 to set up your initial consultation, or you can fill out our quick and easy consultation request form. Spinal cord injuries are a very serious matter, and you do have rights.