A spinal cord injury can be costly, painful, and debilitating. It can change someone’s life in a split second. A person suffering from spinal cord injuries requires adaptation to a new lifestyle and lifelong care. A spinal cord injury survivor needs to make changes to their house and vehicles to live independently. Most of them could not go back to their job.
Suppose you or your loved one has suffered spinal cord injuries due to medical malpractice or any accident caused by someone else. In that case, you may be able to file a claim for compensation that will cover your medical bills and other expenses. In that case, you should contact an Albuquerque spinal cord injury lawyer at Will Ferguson & Associates to understand your legal rights.
The catastrophic injury lawyers at Will Ferguson & Associates can assure you that their professional experience will put you at ease and help you through this challenging period. Call 505-657-3256 today to arrange a free consultation with a personal injury attorney who will fight hard to get what is rightfully yours.
How Our Spinal Cord Injury Attorney Can Help You
Our Albuquerque spinal cord injury attorneys have 39 years of experience resolving complex spinal cord injury cases. We can provide you with many advantages in your spinal cord injury cases, depending on your specific needs and the circumstances of your case.
Our lawyer can:
- Examine the facts in your case;
- Collect evidence to support your claim;
- Determine who is legally responsible for your spinal cord damage;
- Calculate a reasonable compensation amount for your past, current, and future damages;
- If no fair settlement can be achieved between parties, we can take your case to court.
While most personal injury lawsuits are resolved outside of court, some cases go to trial. As a result, you need the services of a lawyer with significant litigation expertise. The Will Ferguson & Associates lawyers have a demonstrated track record of success in court procedures. With expertise and persistence, we can handle every facet of your case.
You Need to Hire a Spinal Cord Injury Lawyer
Most insurance companies usually try to take advantage of people who file personal injury claims, especially when the injuries are as severe as those spinal cord injuries. They may try to offer low-ball settlements or even deny legitimate claims to save money. When you hire a spinal injury lawyer, you send a message to the insurance company that you won’t let them take advantage of you. It shows the insurance provider that you’re serious about your financial recovery and that you can bring your case to court if necessary.
While no amount of money will ever compensate for spinal cord injuries, receiving reasonable compensation with the help of a lawyer can help your family cover all future medical expenses. This can provide you with more peace of mind through a particularly stressful period in your life. You can also feel more at ease if you hire a lawyer to do all the legal work in your spinal cord injury case while you focus on recovery. This can include:
- investigating the accident;
- finding out who was at fault;
- gathering evidence;
- interviewing witnesses;
- hiring qualified experts; and
- vigorously negotiating for the best possible settlement.
What is a Spinal Cord Injury?
Spinal cord injuries refer to any harm or damage to the spinal cord or any parts, such as the vertebrae, discs, and nerves surrounding it. When the spinal cord is hurt, the damage can be long-lasting. It’s not always possible to get better after a spinal cord injury.
A small amount of damage could still have very disastrous effects, like paralysis below the point of the injury for the rest of your life. Even if a spine injury is not permanent, it can still be painful and traumatic for the person who has it.
What Are the Different Types of Spinal Cord Injuries?
The type of spine injury varies depending on which part of the spinal cord is hurt. In general, the higher the damage is on the spine, the more severe the effects since most spinal injuries affect the body from the source of injury downward. Each person has a unique diagnosis and a different chance of recovery. The most common types of spine injuries are as follows:
Cervical Spine Injuries (C1-C8)
Injury to the high cervical vertebrae represents the most severe level of spinal cord injury. These injuries commonly involve neck vertebrae damage that may paralyze the arms, legs, and torso, making it hard for the person to breathe on their own. The patient is called a quadriplegic or tetraplegic when all four limbs are affected. The patient will need help with eating, dressing, taking a bath, and getting out of bed, among other things.
Thoracic Spine Injuries (T1-T12)
Thoracic vertebrae are found in the middle of the back. Injury to this part of the spine is usually caused by a fall or a car accident. It can affect the legs and trunk and may result in loss of voluntary control of the bowel and bladder as well as sexual dysfunction.
Lumbar Injuries (L1-L5)
Paraplegia is a condition in which a person lacks feeling and mobility in the bottom half of the body. The lumbar spine comprises bigger vertebrae that bear the torso’s weight. When the spinal cord in the lumbar region is damaged, a person loses control of their legs, bowels, and hips without affecting their upper body.
Sacral Spine Injuries (S1-S5)
The sacral vertebrae are placed directly above the tailbone and are fused. There are nerves in the sacral region that control the body’s bladder, bowel, and sex organs.
Complete Spinal Cord Injury
A complete injury to the spinal cord severs the spine or completely cuts off the connection between the brain and the body. This will usually result in paralysis.
Incomplete Spinal Cord Injury
An incomplete injury to the spinal cord means that the spine is not completely or permanently damaged. Most of the time, patients with this type of injury can recover.
What Are the Most Common Causes of Spinal Cord Injuries?
In Albuquerque, many things can lead to severe spinal cord injuries. Any situation that causes trauma or damage to the spine can be life-changing for the victim. Someone might have been negligent, careless, or did something wrong, or they might have been reckless or had a malicious purpose to hurt someone else. A lot of serious spinal cord injury happens in New Mexico because of:
Vehicle Crashes: According to the National Spinal Cord Injury Statistical Center, vehicle collisions such as automobile accidents and motorbike wrecks account for around four out of every ten spinal cord injuries. When another motorist hits a motorcycle rider or pedestrian, they have minimal protection and may suffer significant injuries.
Dangerous Crimes: About 13% of spinal injuries are caused by things like physical assaults and gunshot wounds. In some cases, the person who hurt you or the property owner that didn’t have enough security could be financially responsible for your injuries. You will need to hire a personal injury lawyer to look into the situation and determine who could be held responsible. A civil lawsuit may be used to recover fair compensation from the person responsible for your injuries.
Sports impacts or injuries: People get hurt while playing sports or having fun, accounting for about one out of every ten spinal cord injuries. Other causes may include:
What Are the Common Symptoms of a Spinal Cord Injury?
Every part of the body can be affected by a spinal cord injury. This includes breathing, heart rate, muscle movement, and metabolism, to name a few. The symptoms of a back injury can be short-term or long-term, depending on the case. There could also be emotional and psychological symptoms, like depression, anxiety, and PTSD. The typical symptoms include the following:
- Sexual dysfunction
- Back pain
- Loss of feeling or function
- Breathing or respiratory problems
- Stiffness or pain when moving
- Tingling or numbness anywhere in the body
- Digestive issues
- Weakness in the limbs
- Loss of balance or coordination
- Incontinence
It is crucial to treat back injuries no matter how big or small they are. For example, if you have a minor back injury, you need to get it treated right away to keep it from getting worse. If you have been in an accident that hurt your back, head to a hospital in Albuquerque for a checkup. Remember that an accident can cause an adrenaline rush that will mask the pain of a spinal cord injury. Seeing a doctor right away can help get a quick diagnosis even if you don’t have signs of spinal cord injury.
What Are the Compensatory Damages You Can Recover in a Spinal Cord Injury Claim?
If you or someone you love has a spinal cord injury, money can’t make up for it. However, getting fair compensation from the person who caused the accident can go a long way toward paying for medical care and other costs. This can make you less stressed about money as you think about your future. They will do their best to help you get what you deserve. In some cases, this may cover damages for things like:
- Present and future medical costs
- Property damage repairs
- Lost quality or enjoyment of life
- Disability accommodations
- Losses of income
- Legal fees
- Lost future capacity to earn
- Out-of-pocket costs
- Emotional injuries
- Pain and suffering
- Punitive damages
The law in New Mexico allows you to seek monetary compensation for both economic and noneconomic losses. However, you must present evidence of your losses before an insurance company, or the courts can reward you.
What Are the Elements of a Spinal Cord Injury Claim in Albuquerque, NM?
Not every spinal cord injury case in Albuquerque entitles the spinal cord injury survivors to pursue compensation for their losses. There must be proof that one or more people are responsible for the harm. The following four elements must be present to prove liability in spinal cord injury claims:
- Duty of care: A duty of care must have existed between the victim and the liable party. This is an ethical or legal responsibility to act with due care.
- Breach of duty: The defendant violated or breached the “duty of care” by acting or failing to act in a way that a sound-minded person would have.
- Causation: The defendant’s breach of the duty of care resulted in the victim’s injuries.
- Damages: The accident victim or plaintiff must have sustained damages due to the accident, such as wage loss and medical expenditures.
A knowledgeable Albuquerque spinal cord injury lawyer will understand what evidence is required to prove your claim and can assist you in pursuing the compensation you deserve.
Who Is Liable for My Spinal Cord Injuries?
Most of the time, the person who is to blame for a spinal cord injury is the one who broke the law or didn’t act with due care. This could be:
- Doctor
- Driver
- Sports coach
- Property owner
- Criminal
- The government
- Product manufacturer
- Employer
Medical Negligence Leading to Spinal Cord Injuries
The most common causes of spinal cord injuries caused by medical negligence are:
- Anesthesia errors: When spinal anesthesia is delivered incorrectly, problems such as epidural hematoma may occur, resulting in lifelong spinal cord issues.
- Emergency room errors: This may happen if an emergency room patient with a major back injury is misdiagnosed, causing doctors to move the patient in a way that aggravates the condition.
- Neglect: There are times when a patient doesn’t get enough care, which can be grounds for a medical malpractice claim.
- Misdiagnosis: An undiagnosed back injury, tumor, or infection can cause a spinal cord injury to form or get worse.
- Surgery errors: Injuries to the spinal cord can be caused by many things, such as surgery mistakes. Some back or spinal surgery types have a high risk of malpractice or going wrong. These include laminectomy, discectomy, spinal fusion, and nerve ablation.
Lifetime Costs Associated With Spinal Cord Injuries
Many survivors have fulfilling and productive lives. But the long-term costs of a serious spinal cord injury can be huge. The costs can range from a few thousand dollars to as much as $5 million, depending on the seriousness of the spinal cord injury and the person’s age.
People who have spinal cord injuries need to undergo an extensive rehabilitation program. During recovery, medical experts may treat the patient. A severe spinal cord injury can cost more than $1 million to treat in the first year after the accident.
Many who have spinal cord injuries need to go back to the hospital to treat related circulatory, respiratory, and digestive problems. Complications in health are frequent.
Many people who have spinal cord injuries cannot do the physical work they used to do before they got hurt. This loss of income can significantly cause financial issues for the victim and their family.
What is Comparative Negligence?
Comparative negligence is a law that allows the victim to obtain financial compensation for their losses even if they are partly liable for the accident. New Mexico upholds the pure comparative negligence doctrine, which means that no degree of fault – short of 100% – will bar a plaintiff from pursuing financial compensation. This law is essential if you think you are partly to blame for your spinal cord injury.
If the court allocates you with a percentage of the blame, your compensation award will be reduced by your percentage of fault. If you are found to be 40% at fault for the accident and your spinal cord injury case is worth $200,000, your financial recovery will be reduced by 40% of the fault to $120,000.
How Much is Your Spinal Cord Injury Case Worth?
How bad your spinal cord injury was, how much it has affected your life, and what it will do in the future all affect the value of your case. Because spinal cord injuries can cause a lot of mental anguish and emotional pain, the pain and suffering damages may be very substantial. The more severe the injury, the more money a person who was hurt can get most of the time.
Case values also change based on how much insurance coverage you have, how much blame you have for the accident, your age, your income before the accident, and much more.
Why Choose Will Ferguson & Associates to Handle Your Albuquerque Spinal Cord Injury Claim
- For 39 years, we have assisted injured individuals around New Mexico and successfully won compensation for all their losses. We have extensive experience representing individuals who have suffered spinal cord injuries in the greater Albuquerque region.
- We are proud to receive the highest possible AV Preeminent Martindale-Hubbell Peer for both legal ability and ethical standards.
- We are a full-service personal injury legal office with attorneys who live and work in Albuquerque.
- We deliver professional and personalized care to every customer.
Contact Will Ferguson & Associates to Speak with an Albuquerque Spinal Cord Injury Attorney for a Free Consultation
You should never have to face legal troubles alone. You must have the assistance of an experienced attorney who understands spinal cord injuries and can successfully guide you through any legal matter.
If you have sustained spinal cord injuries because of another’s negligence, contact our Albuquerque spinal cord injury law firm to speak with our Albuquerque spinal cord injury attorney. You can reach us at 505-657-3256 or fill out the FREE Case Evaluation Form today! We will fight for your rights to ensure that you are compensated for your injuries and losses.
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