Staten Island Spinal Cord Injury Lawyers
Spinal cord injuries can result in devastating physical and emotional damages. Your spinal cord is a relay system that controls basic and essential body functions. When damaged or severed, it can result in permanent disability, such as paralysis, below the site of the injury. This can not only have a catastrophic impact on the body and a person’s mental and emotional stability but on a family’s financial resources as well.
When spinal cord damage is due to the negligence or wrongdoing of another party or entity, you have the right to demand fair and just monetary compensation for all that you have endured and may continue to endure in the future. These are often complex cases due to the impact they have in the long term. You can trust our team at Dansker & Aspromonte Associates LLP to fully handle your injury claim in seeking the justice you deserve through optimum settlements at the negotiation table or verdict awards in civil court.
We offer a free case evaluation with a Staten Island spinal cord injury attorney. Contact Dansker & Aspromonte Associates LLP via email or at (646) 692-0204 to get started.
Holding At-Fault Parties Accountable in Staten Island Claims & Lawsuits
In a spinal cord injury case based on negligence, recklessness, or criminal actions, we can help you hold at-fault parties accountable for their actions or inactions. Having proper representation on your side is key to significantly increasing your chances for a favorable outcome. At our firm, we take our time analyzing your case to ensure we identify every liable party and the full extent of your injuries.
To determine fault and establish negligence, our lawyers will prove how:
- A duty of care existed: The at-fault party had an obligation to prevent harm in a reasonable manner.
- The duty was breached: The liable individual or entity violated their duty of care through reckless or careless behaviors.
- Causation: The breach of duty directly caused your accident.
- Damages: You sustained actual losses due to your spinal cord injuries.
Our personal injury attorneys work hard to protect the legal rights of our clients. We collect evidence of the cause of the accident and medical records, consult with healthcare professionals, and gather witness statements to build a strong case on your behalf.
From there, we work to see that the liable party or insurance provider agrees to a fair settlement covering all of your accident losses. If the at-fault party or parties refuse to offer a reasonable settlement, our skilled litigators can present your case to a jury at trial to recover the compensation you deserve.
Damages in a Spinal Cord Injury Claim
Victims of spinal cord injuries often experience painful or disabling injuries that result in ongoing suffering and overwhelming medical bills. If your injuries are the result of someone else’s negligent behavior, you may be entitled to substantial compensation for every type of physical, emotional, and financial damage you suffered.
These damages can include:
- Pain and suffering
- Loss of enjoyment of life
- Mental anguish
- Lost wages
- Loss of future income
- Loss of consortium (for your spouse)
- Other out-of-pocket expenses depending on the facts of the case
- Past and future medical expenses for all care and rehabilitation
- Disfigurement
You may be able to recover for other damages not listed here. Every case is unique.
Understanding Spinal Cord Injuries
Spinal cord injuries result from severe fractures, crushes, contusions, ruptures, and lacerations to the spinal vertebrae. Your vertebrae protect your spinal cord and provide structure to your musculoskeletal system, so damage to this area leaves vital nerves vulnerable. Depending on where your spinal cord injury occurs, you could also suffer a traumatic brain injury.
Two general categories of spinal cord injuries can occur: incomplete and complete. Incomplete injuries cause damage to the spinal cord but do not sever it. Complete spinal cord damage leaves the spinal cord wholly separated. To get more specific on classifying your injury, the location of the spinal cord damage and the severity of the injury must be identified.
The following are various injuries resulting from damage to the spinal cord:
Tetraplegia/Quadriplegia
Tetraplegia is also referred to as quadriplegia and refers to upper and lower body paralysis. It affects both arms and both legs, as well as specific internal organs. It causes permanent spinal cord damage, although rehabilitation can improve its symptoms.
Paraplegia
Paraplegia is a type of paralysis that only affects the lower half of the body. The spinal cord injury causes a loss of sensation and function of lower-body extremities and organs. It leads to mobility issues and requires people to use a wheelchair. Most cases of paraplegia stem from chronic medical conditions or traumatic accidents, like motor vehicle collisions.
Triplegia
Triplegia is an incomplete spinal cord injury that causes paralysis in three separate limbs. For example, it could cause a person to lose function of one leg and both arms. It is often the result of a birth injury or long-term medical conditions that impair the spinal cord.
Spinal cord injuries commonly occur after a blow to the spine. Common accidents that result in these injuries include traffic crashes involving cars, motorcycles, buses, bicycles, trucks, and pedestrians, construction accidents such as falling from heights, physical assaults and battery, sports or recreational accidents, and birth injuries.
Other Effects of Spinal Cord Injuries
After a spinal cord injury, accident victims may suffer from different forms of paralysis. In addition to a loss of motion and functionality, spinal cord damage can lead to other long-term disabilities.
They can include:
- Breathing impairment requiring assistance via a ventilator
- Impaired blood pressure
- Difficulties regulating body temperature
- Inability to perform activities of daily living required personal home care and assistance
Under some circumstances, spinal cord injury victims may also require long-term hospitalization at an assisted living facility.
How We Build Your Spinal Cord Injury Case
To obtain financial compensation for your spinal cord injuries, you must prove that your damages were the result of another party’s negligence. Once you retain us to work for you, we will begin a careful and thorough investigation of the facts and circumstances of your accident and injuries.
While every case is unique, some of the actions we may take to build the strongest claim for you may involve:
- Obtaining police, accident, and incident reports
- Interviewing witnesses
- Conducting a site visit to secure photographs or video footage from the accident
- Requesting EMS, hospital, medical, and rehabilitation records
- Consulting with accident reconstruction experts
- Obtaining sworn statements from the at-fault parties
- Retaining an economist to evaluate the financial impact of your injuries
- Securing medical evaluations regarding your physical and emotional injuries
- Prepping your case for trial before a jury, if necessary
Once we have built a comprehensive and well-prepared case on your behalf, we will demand maximum financial compensation.
Call Dansker & Aspromonte Associates LLP Today
Don’t wait to take legal action for your injury claim. Our Staten Island spinal cord injury lawyers are ready to get to work on your case to seek the compensation you deserve for your trauma.
Contact us today at (646) 692-0204.
Statute of Limitations for Filing Spinal Cord Injury Claims
Your time to file for compensation is limited and dependent upon the type of claim involved. If you fail to bring your claim within the applicable deadline, you may be prevented from recovering the compensation you deserve. This is known as the statute of limitations. Because of the complex nature of spinal cord injury claims, it is important to consult with an attorney as soon as possible.
Our consultation is free and we accept all cases on a contingency basis. That means if you decide to retain us, you will not be required to pay any money upfront. We only receive a legal fee when we secure compensation for you.
Responsible Parties in a Spinal Cord Injury
After a spinal cord accident, it is essential to pinpoint who is at fault for your injuries. In some cases, it may be one individual. However, it is not uncommon for multiple parties to have played a role in your accident. To ensure you hold every liable party accountable, you should turn to a qualified spinal cord injury attorney to review your accident claim and conduct a thorough investigation.
Potential at-fault parties could include:
Motor Vehicle Drivers
According to the American Association of Neurological Surgeons, motor vehicle accidents are the leading cause of spinal cord injuries in Americans under 65. The blunt force trauma from a collision can destroy the vertebral column, damaging sensory, motor, and autonomic functions. In these accidents, the at-fault driver or insurance company may be liable for your damages.
Commercial Vehicle Owners
If a commercial truck or vehicle collision causes spinal cord damages, the other driver may not be liable. Instead, the fleet owner or employer may be responsible for covering your injuries. In most cases, you would pursue a claim against the employer’s insurance company.
City or Local Government Entities
If you were involved in a collision with a New York City-owned vehicle, then the city may be liable for compensating you for your spinal cord damages. The city may also be responsible if your accident occurred on city-owned property, such as slipping and falling in a government building or park.
Employers
New York employers have a duty to maintain safe workplaces for their staff. If your accident occurs as a result of your employer’s negligence, you may be entitled to Worker’s Compensation benefits. In New York, you are generally not permitted to sue your employer directly.
Property Owners or Tenants
Property owners must maintain safe premises and remove hazardous conditions in a timely fashion. For example, if you slip and fall while at a grocery store or visiting a restaurant due to a dangerous or defective condition, you may be able to file a claim against the negligent property owner, business owner, tenant, or property manager.
Medical Professionals or Hospitals
Doctors, nurses, specialists, surgeons, and hospitals have a medical duty to practice reasonable care. Medical malpractice occurs when healthcare providers fail to adhere to proper safety standards that result in harm to patients. If your spinal cord injury is due to a medical error or lack of reasonable care, you may be able to recover compensation from the liable hospital or clinic.
Manufacturers of Defective Products
Manufacturers of consumer goods and their supply chain are required to provide reasonably safe products to the public when used as directed. If a product is defective leading to an accident and injuries, these companies and their insurers may be held responsible for damages. For example, if defective brakes caused your accident, a claim can be filed against these entities.
Focused on Your Recovery
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Brain Damaged Child $50 Million
A four-year-old boy was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.
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Wrongful Death $21.5 Million
This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg.
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Pedestrian Injury $10.3 Million
A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.
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