SPINAL CORD INJURIES
Injury Lawyer in Stockton
The spinal cord is a bundle of nerves running from the base of the neck to the waist that transfers information from the brain to the rest of the body.
Most spinal cord injuries are due to negligence, which can be either an affirmative act or an omission. This means that a person can be negligent because he or she either did something that a reasonably judged person would not do under the circumstances, or he or she failed to do something that a reasonably judged person would have done under the circumstances.
Every spinal cord injury case is unique and the circumstances surrounding it will determine the type of evidence needed to prove negligence. The elements of a negligence claim are duty, breach, causation and damages. To prove these elements, the plaintiff must show that the defendant owed a legal “duty” of care to the plaintiff under the circumstances, that the defendant “breached” or failed to perform that duty, that the defendant’s breach “caused” the accident or injury that resulted in the plaintiff suffering “damages”.
California follows the doctrine of “comparative negligence” which means that the plaintiff may be able to recover damages even if he or she was partially at fault for his or her own injuries. Because every case is different, make sure to contact an experienced attorney who understands the legal system and your case specifically.
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What Causes Different Types of Neck & Back Injuries
When an individual experiences an accident, it is important that they pay attention to any symptoms, even after the incident. Individuals should pay close attention to any symptoms they have in the neck and back areas immediately after the incident as well as several days after. Neck and back injuries can feel mild and symptoms can be delayed by some time. Immediate medical attention should be sought if any pain or discomfort is felt in these areas.
Incidents and Injuries
Neck and back injuries may be acquired commonly in the following incidents:
- Car and truck accidents
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Slip and fall accidents
The above incidents as well as others may cause severe damage to the neck and body such as:
- Spinal cord injuries
- Herniated, ruptured, or slipped discs
- Whiplash
- Compression fractures
- Spinal fractures
- Sprains
- Strains
- Connective tissue injuries
- Soft tissue injuries – muscle, tendon, and ligament
- Spinal stenosis
- Cervical or lumbar disc disease
Symptoms
- Tenderness
- Stiffness
- Spasms
- Headaches
- Dizziness
- Vision impairment
- Pain
- Discomfort
- Tingling
- Numbness
- Arm or leg paralysis
If you have experienced any of these symptoms, make sure to seek medical attention immediately and then contact a Stockton injury attorney who can fight for the compensation you deserve.
Treatment
- Physical therapy
- Medication – anti-inflammatory medications, steroids injections, nerve ablations
- Surgery
- Chiropracty
- Orthopedics – orthopedic physicians perform medical treatment on the neck, back, and shoulders as well as the arm, wrist, leg, foot and ankle. They may recommend that an individual receive an MRI. Many back and neck injuries are more apparent on MRI scans.
Seeking Compensation
When dealing with insurance companies, it’s good to keep in mind that they are strictly a business out to make as much money as possible and to spend the least amount of money as possible. Insurance companies try their best to compensate people the minimum amount. In the case of soft tissue injuries such as sprains, strains, tears, and other injuries that don’t involve bones, insurance companies feel they have more leeway in the compensation they offer. These injuries inherently seem less severe than an injury involving a broken bone or a disc disease or dysfunction. Insurance companies are constantly seeking to dismiss an injury as minimal or trivial. This is not a very logical approach. As any sufferer of a neck or back injury knows, any injury relating to the spine can be very painful and disruptive on a daily basis. A Stockton injury attorney knows how to fight against these insurance companies.
There are several arguments for compensation a sufferer may be owed:
- Medical bills – surgery, physical therapy, chiropractic, medication
- Lost wages – time taken off work for healing may not be paid time off and future lost wages since an individual’s work capacity is lowered
- Pain and suffering
If you or someone you love has been involved in an incident that has lead to a back or neck injury, you may be able to recover compensation. It’s important to choose legal representation that is knowledgeable and motivated to give you the best support possible.