Paralysis may be complete or partial. When both arms and legs are paralyzed, this is called quadriplegia. The main reason that quadriplegia happens is a spinal cord injury. Damage to the spinal cord disrupts communication from the brain to various body parts. Both sensation and movement may be affected. How much paralysis occurs depends on what part of the cord is harmed and how much damage is done. Quadriplegia is considered a catastrophic injury because it changes an accident victim's life forever. If you suffer quadriplegia due to another person's negligence, you likely face a lifetime of necessary medical care and possibly the need to retrain for another job or the inability to work. At Feizy Law Office, our injury lawyers may be able to guide victims in the Dallas area through the process of seeking compensation.Pursuing Damages for Quadriplegia
If your quadriplegia is the result of someone else's negligence or recklessness, you likely can file a personal injury lawsuit. To establish negligence and recover damages, you would need to prove the defendant's duty towards you, a breach of duty, actual and proximate (legal) causation, and damages.
Suppose, for example, that the defendant is a truck driver who failed to check his blind spot before making a wide turn, and you suffered crushing injuries and quadriplegia as a result. All drivers owe a duty to use reasonable care to avoid posing a risk of injury to others on the road. If the truck driver failed to check his blind spot, the jury will likely find he breached his duty to use reasonable care. If you suffered quadriplegia in a squeeze play when the truck turned, you probably can recover damages to compensate you for the injury.
Compensatory damages may include both economic and noneconomic elements. These may extend from medical bills, lost wages, lost earning capacity, physical therapy, vocational rehabilitation, and the cost of household services to mental anguish as well as pain and suffering.
While some quadriplegics can continue to work in their chosen fields, a victim sometimes may no longer be able to work in the same field due to quadriplegia. For example, a construction worker injured in a bad fall may no longer be able to perform manual labor. He or she may be able to recover the cost of vocational rehabilitation. Or, if work or retraining in a field with comparable pay is not possible, it may be necessary to retain an economist to testify on what the plaintiff would have earned had he or she not suffered quadriplegia.
In some rare cases, punitive damages may be available. To obtain punitive damages, a defendant must have acted in a truly egregious way. For example, a manufacturer who knew about a defect in ATVs that caused accidents but continued to sell them might be liable for punitive damages if a child suffered spinal cord injuries and quadriplegia.Discuss Your Accident Case with a Dallas Lawyer
At Feizy Law Office, our Dallas attorneys can help victims of car accidents and other incidents of negligence assert their right to damages. Since quadriplegia is so serious, and its effects may reverberate over a lifetime, it is important to have experienced counsel from the start. Call Feizy Law Office at (214) 651-8686 or use our online form to set up a free consultation. We also represent people in Arlington, Fort Worth, Garland, Irving, and Plano, among other Texas cities.