What Is A Paralysis Injury In North Carolina?
Key Highlights:
- Legally and medically speaking, what is a paralysis injury in North Carolina is defined as a catastrophic condition resulting from spinal cord damage injury, that results in total or partial loss of muscular function.
- Long-term care costs paralysis injury for victims can range from $1.5 million to $5 million or more. These costs include medical treatments, adaptive devices, and 24-hour assistance.
- It is not easy to achieve fair paralysis settlement North Carolina because insurance adjusters use the 1% contributory negligence rule to blame paralysis victims and deny them the right to receive payment for their injury.
- If you file a North Carolina spinal cord injury claim through Tatum & Atkinson Law Firm, you will have no upfront costs associated with your claim because our firm operates on a contingency fee structure and does not charge a fee unless we win the case for you.
A paralysis injury can change your life immediately as you cope with the aftermath of your accident, whether it was due to a car accident (as a passenger or driver), workplace fall, surgical error, or other similar events. The legal and medical diagnosis of what is a paralysis injury in North Carolina is very important because it defines the compensation amount you and your family may be able to pursue.
At Tatum & Atkinson Law Firm, we handle catastrophic injury lawsuits in North Carolina. Our experience has taught us what is at stake when someone suffers an injury to their spinal cord. The paralysis injury lawyers at our firm are here to help victims of paralysis injuries and their families throughout North Carolina.
Please contact our office today at (800) 529-0804 for a no-cost consultation with one of our experienced attorneys.
What Is a Paralysis Injury in North Carolina
Under NC state law, a paralysis injury in North Carolina is defined as having a partial or complete loss of voluntary function in muscles caused by either trauma to the brain or spinal cord damage injury. It is classified as catastrophic and therefore has wider eligibility for recovery than a common personal injury case.
Paraplegia
A paraplegia accident lawsuit takes into account injuries resulting from damage to the thoracic or lumbar area of the spinal cord, which causes loss of function in the legs, inability to control the bladder, and inability to perform basic day-to-day functions without assistance.
Quadriplegia
Quadriplegia is caused by injuries to the cervical region of the spinal cord. Generally, these injuries involve all four limbs, and they are often the most difficult types to calculate the total long-term medical care required for them. Because of this massive damage to the body, a quadriplegia injury compensation claim represents one of the highest-stakes legal actions a family can pursue.
Partial Paralysis
Motor or sensory function remains below the level of injury; therefore, it may create the basis of a serious permanent disability accident claim. An accident victim who sustains these neurological deficits is entitled to recover significant damages under North Carolina’s laws.
Common Accidents That Lead to Paralysis Injuries in North Carolina
The majority of paralysis injury North Carolina are caused by the negligence of another party. The most common situations that can lead to a North Carolina spinal cord injury claim include:
- Motor vehicle and truck accidents occurring on state highways and interstate roadways
- Falls from heights or due to heavy equipment being used on construction sites and other work-related job sites
- Slip and fall incidents occurring at poorly maintained commercial or residential properties
- Diving and other kinds of recreational sports accidents
- Medical malpractice, such as surgical errors or failure to diagnose spinal cord injuries in a timely manner
- Acts of violence, including gunshot wounds, that directly injure the spinal cord.
Each of these scenarios will require determining who is legally liable or to be held accountable for your injuries in a traumatic spinal injury claim. Preserving evidence immediately after a wreck is absolutely critical, and Tatum & Atkinson’s law firm will begin working swiftly to protect your rights.
The True Cost of a Paralysis Injury: Medical, Financial, and Personal
Victims must face the reality of long-term care costs paralysis injury, which can add up to huge amounts over time. Depending on the severity of the injury, these costs have been reported to range anywhere from $1.5 million to above $5 million for the remainder of the victim’s life. That’s why long-term care costs must be documented from the very beginning to receive fair paralysis accident compensation.
Recoverable long-term costs can include:
- Acute hospitalization (including any surgery and intensive care provided) for the injured person
- Inpatient and outpatient rehabilitation therapy services (including physical therapy, occupational therapy, and speech therapy)
- Adaptive equipment, such as power wheelchairs and assistive technology
- Home health aide services and/or 24-hour personal care attendants providing assistance to the injured person at home
- Prescription medications and/or specialized medical supplies are needed to care for the injured person
- Lost wages and reduced lifetime earning ability due to injury caused by the accident
In addition to the economic costs incurred by the injury victim, North Carolina courts recognize that non-economic harms caused to the victim due to paralysis are also recoverable damages under North Carolina law (pain and suffering, loss of enjoyment of life, emotional distress, loss of consortium to a spouse or family member, etc.).
How a Paralysis Injury Claim Is Built and Proven
To obtain a successful catastrophic injury lawsuit North Carolina, a layered evidentiary approach is necessary. A medical expert establishes what injuries exist, then an expert witness provides an understanding of the complete value of those injuries.
Medical and Diagnostic Evidence
Evidence can include medical and diagnostic imaging, such as CT & MRIs, which have the ability to identify the location and the extent of spinal cord damage injury. Physicians utilize a specialized neurological exam using the ASIA Impairment Scale to classify the level of injury, which helps inform how the damages will be calculated in the permanent disability accident claim.
Expert Testimony and Future Damages
Expert witnesses play a significant role in the future costs of life care and vocational rehabilitation benefits as well as the costs associated with lost earnings. These expert reports will be the foundation for every Tatum & Atkinson Law Firm traumatic spinal injury claim and most often will be the determining factor in obtaining a fair paralysis settlement North Carolina.
Why Insurance Companies Are Not on Your Side and What NC Law Means for Your Case
In paralysis accident compensation cases, insurers assign experienced adjusters to limit payout amounts. They can dispute the severity of any injury, raise any pre-existing conditions, and offer a much lower amount than the total lifetime value of a claim.
The contributory negligence law in North Carolina creates even larger risks. If the insurance companies can show that you were even 1% at fault, they can stop you from recovering anything under the law. Insurers use the contributory negligence law when they handle paralysis injury North Carolina claims, making it imperative for you to have experienced legal representation.
“The best advice I can give you is to always talk to your lawyer first before giving a recorded statement regarding your claim to the insurance adjuster. A single mistake on the statement will deny you key legal rights to recover under North Carolina’s contributory negligence law.” – Robert Tatum
Contact North Carolina Paralysis Injury Attorneys Today
To fully understand your legal options, you need to understand what is a paralysis injury in North Carolina; the second step is hiring a legal team that acts swiftly, prepares comprehensive case files, and fights without hesitation to protect your future. The statute of limitations for filing claims related to paralysis injuries in NC is three years; however, any delay you experience could result in losing valuable evidence, leverage, and options.
If you would like to file an NC spinal cord injury lawsuit, Tatum & Atkinson Law Firm accepts all North Carolina spinal cord injury claims on a contingency fee basis.
Call us now at (800) 529-0804 for a free and confidential consultation with our legal team, who will review your case and work hard to obtain every dollar you are entitled to receive.
Frequently Asked Questions About Paralysis Injury Claims in North Carolina!
Can paralysis develop gradually after an accident rather than immediately?
Yes, an injury to your spine may cause swelling or bleeding around your spinal cord, which can lead to paralysis hours or days later. Therefore, immediate medical attention should be given following a spinal injury.
Is partial paralysis treated differently than complete paralysis in injury claims?
Cases of partial paralysis use the same legal standards as those for total paralysis, but they typically result in lower financial recovery. Damages will still be calculated based upon your medical costs, lost income, and pain and suffering due to your documented injury.
Can a paralysis injury affect life expectancy?
Yes, developing paralysis has an increased risk of having secondary complications such as respiratory failure, infections, and cardiovascular disease. These issues may impact your long-term damages amount due to costs associated with your life care plan in North Carolina.
What home modifications might be necessary after a paralysis injury?
Some of the frequently made changes are wheelchair ramps, wide doorways, roll-in showers, stair lifts, and smart home accessibility. All of these types of changes can be included in the “economic damages” portion of a North Carolina paralysis injury claim.
Can family members recover compensation for caregiving responsibilities?
Indeed, members of the family who provide free care or quit their jobs to be caregivers may be able to receive compensation for loss of consortium and caregiving costs as a part of a comprehensive North Carolina paralysis injury settlement.
