San Jose Spinal Cord Injury Lawyer

Spinal cord injuries (SCIs) are what the law calls “catastrophic” injuries. A catastrophic injury is one that causes permanent or long-lasting damage. When something damages the spine, it interrupts the signals between the brain and body. This can result in loss of function and sensation or paralysis in one or more limbs. Spine injuries typically occur in trauma, or impact to the spinal cord, in situations such as falls or car accidents. If you or a loved one has an SCI after any type of accident in San Jose, discuss your legal opportunities with Henshaw Law Office.

Types of Lawsuits for Spinal Cord Injuries

“Spinal cord law” can refer to a few different types of legal claims depending on the circumstances surrounding the accident. It is important to understand what shape your claim would take, so that you can follow the applicable rules and deadlines for filing. Missing the deadline for your specific claim can take away your chances of filing. The sooner you talk to a lawyer about your SCI, the better. Here are a few possible lawsuit types after an SCI:

Product Liability

Dangerous and defective products can cause or contribute to spine injuries, such as a malfunctioning seatbelt that opens in a car accident. Car accidents are responsible for causing the majority (42%) of spinal cord injuries in the U.S. In a product liability suit against a manufacturer, you do not need to prove negligence. You must only show that the product has a defect, and that the product caused your injuries.

Premises Liability

If you fell or otherwise injured your spine on someone else’s property, you may have a premises liability claim. Property owners have a duty to keep their properties free from unreasonable hazards. Oftentimes, property owners’ insurance companies are responsible for paying for injuries that occur on the premises.

Negligence or Medical Malpractice

An SCI in a vehicle crash, sports accident, recreational facility, or because of a medical error may be grounds for a negligence-based claim against the responsible party. Talk to a lawyer as soon as you suspect that an individual or entity may have caused your spine injury in any circumstances.

If you sustained an SCI while performing job-related tasks, contact Henshaw & Henry before filing your workers’ compensation claim. Accepting workers’ compensation benefits means that you give up your right to sue your employer in San Jose. A personal injury claim against your employer may be the better choice if your employer contributed to the accident; for example, if an employer failed to provide a fall protection device while you worked on a roof. Call our team as soon as you can after a serious, debilitating accident to learn your options.

Proving Your Spinal Cord Injury Case

Proving a spinal cord injury is due to someone else’s negligence, a defective product, or act of violence involves proving a number of factors. If your spinal cord injury involves negligence or violence, you must prove that the defendant in your case was responsible for the accident. The following elements must be satisfied to prove this case.

• You must prove that the at-fault party owed you a duty of care.
• You must prove that the at-fault party violated that duty of care or committed an act of negligence. To prove negligence, you must prove that a reasonably careful person would not have done the same action in the same circumstances.
• You must prove that the negligence caused your injuries.
• You must prove that you suffered losses, or damages, as a result of the injuries.

If your case involves a spinal cord injury due to a defective product:

• You must prove that you suffered an injury or other damages.
• That the product was defective, lacked proper warning, or did not have adequate instructions.
• That the defect caused your spinal cord injury.
• That you used the product in the way the manufacturer intended when you were injured. injury.

Recoverable Damages and Compensation for a Spinal Cord Injury

Under California law, you can recover the following damages for a spinal cord injury.

• Medical expenses
• Lost wages
• Lost earning capacity
• Handicap accommodations, such as mobility equipment or home renovations
• Pain and suffering
• Emotional trauma
• Loss of quality of life
• Permanent disability

If you suffered a spinal cord, and believe that someone else was responsible, contact a San Jose spinal cord injury lawyer.

Spinal Cord Injury Statistics

Spinal cord injuries are more prevalent in the United States than one might realize. According to statistics from the National Spinal Cord Injury Statistical Center:

• Approximately 54 people out of every 1 million suffer spinal cord injuries in the United States each year. This figure amounts to approximately 17,700 new spinal cord injuries per year, not including fatalities.
• Approximately 247,000 to 358,000 people live with spinal cord injuries in the United States today.
• The median age of spinal cord injury victims is 43 and approximately 78% of new injury victims are male.
• The leading cause of spinal cord injury in the United States is vehicle accidents at 38.3%.
• The second leading cause is falls at 31.6%.
• Other causes of spinal cord injury include violent acts (13.8%), sports and recreation injuries (8.2%), and medical and surgical injuries (4.6%).
• The lifetime costs for treating spinal cord injuries range from $1,153,420 to $2,688,229, depending on the severity of the injury.

Common Causes of Spinal Cord Injury

According to the National Spinal Cord Injury Statistical Center, the most common causes of spinal cord injuries are as follows.

• Motor vehicle accidents. The force of jerking around during an accident, suffering crushing injuries, and other collision injuries can easily lead to spinal cord damage, as well as head and neck trauma.
• Falls. Falling from a high place, as in high-risk jobs such as construction and roofing work, can lead to spinal cord injuries. Anyone can suffer an accidental fall causing spinal cord injury from anywhere – the tops of buildings, down stairs, or even tripping on the sidewalk can cause a spinal cord injury.
• Violent acts. The majority of cases involving acts of violence involve gunshot wounds. Stabbings, beatings, and other violent acts can lead to significant spinal cord damage.
• Sports injuries. Many professional and recreational athletes suffer spinal cord injuries while playing. The highest risk sports include football, hockey, skiing, diving, and other high-impact sports.

Additional causes of spinal cord injuries include certain illnesses, such as polio and spina bifida, and industrial accidents.

Why Trust Henshaw Law Office?

At Henshaw Law Office we connect injured people in need with attorneys who can help. When you contact us for a free consultation, you’ll almost always get to talk with one of our lawyers – not a paralegal or assistant. The attorneys are the ones who know the law and interact with judges and insurance companies. They are the legal professionals you want to talk to about something as serious as a spinal cord injury. Call (408) 599-1305 to get in touch with our San Jose office. Significant compensation for your SCI could be on the horizon.