What Is A Paralysis Injury In Virginia?
Key Highlights:
- What is a paralysis injury in Virginia? A paralysis injury is referred to as a catastrophic, often permanent loss of movement or feeling due to damage to the spinal cord or brain. These injuries can result in millions of dollars in medical costs and lost earnings over a lifetime.
- If you are involved in an accident in Virginia and your actions contributed (even 1%) to the accident, you will be barred from receiving any compensation under Virginia’s contributory negligence law.
- Virginia does not place any limits on the amount of compensation that can be recovered from car accidents, product liability claims, or premises liability claims. This means that victims may recover the total amount required for a lifetime of care.
- You must file a lawsuit for your injury within two years of the day it occurred, according to Virginia Code § 8.01-243. However, time limits are shorter for lawsuits against government entities.
Paralysis is a permanent loss of motor function and sensation that can occur due to a catastrophic injury. So, what is a paralysis injury in Virginia? Paralysis is classified as a catastrophic injury under Virginia law, which means the complexity of the legal standards is high, and damages for lifetime injuries tend to be in excess of one million dollars. Whether caused by a workplace accident or a high-speed crash on I-95, the emotional and financial impact of paralysis on families is overwhelming.
The recovery process for individuals who have suffered from paralysis is already an extremely difficult experience without the additional stress of long-term litigation. The lawyers at Tatum & Atkinson Law Firm are very familiar with Virginia’s personal injury laws and will take all necessary steps to protect your rights, establish liability, and obtain adequate compensation for your long-term medical needs.
If you have been seriously injured or if a family member or a friend has suffered from a permanently disabling injury call Tatum & Atkinson Law Firm for a free consultation at (800) 529-0804.
What Is a Paralysis Injury in Virginia?
The first step in understanding what is a paralysis injury is to know what they are in Virginia. A paralysis injury is the loss of motor function and/or sensory function due to damage to the spinal cord, brain, or peripheral nervous system. In Virginia, paralysis injuries are classified as one of the most serious types of personal injuries and are subject to specific legal requirements and projected lifetime damages that can range into many millions of dollars.
Types of Paralysis Injuries
Virginia recognizes four types of paralysis injuries:
- Paraplegia: Represents the loss of function of both legs and the lower trunk due to a thoracic or lumbar spinal cord injury.
- Quadriplegia (Tetraplegia): Refers to the paralysis of each of the four limbs due to an injury to the cervical spinal cord and is considered an extreme form of paralysis resulting in the most severe and expensive care.
- Hemiplegia: Represents the paralysis of one side of the body and is often associated with traumatic brain injury.
- Incomplete vs. Complete Paralysis: A person with an incomplete paralysis has some level of function below the level of injury, whereas a person with a complete spinal cord injury has no sensation or function below the injury.
What’s the difference between paraplegia and quadriplegia? Are they considered catastrophic?
Paraplegia is paralysis of the legs, while arm and hand function is preserved. Quadriplegia includes all four limbs and requires continuous, comprehensive care; therefore, the damages associated with quadriplegia are generally much greater than with paraplegia. In Virginia, both conditions qualify for claims of catastrophic injury; however, long-term medical expenses for quadriplegia will usually exceed those for paraplegia.
Common Causes of Paralysis in Virginia
Proving the cause of an injury is vital to any catastrophic injury claim because what caused the injury will ultimately determine who is legally liable and through which policy (or policies) you will pursue compensation.
Attorneys at Tatum & Atkinson Law Firm have experience representing individuals with paralysis as a result of the following:
- Motor Vehicle & Truck Accidents: Serious accidents caused when two or more vehicles collide at high speeds on Virginia highways (e.g., Interstate 95, Interstate 81) or when a commercial vehicle hits a passenger car.
- Motorcycle Crashes: These accidents are often fatal and typically result from a lack of rider protective clothing.
- Workplace & Construction Falls: Catastrophic falls resulting from employees falling from scaffolds, ladders, or equipment and injuring their spine or neck.
- Premises Liability: Catastrophic slip and fall accidents resulting from unsafe conditions on someone else’s property.
- Medical Malpractice: Surgery errors, anesthesia errors, or diagnostic errors that result in spinal cord injuries.
- Acts of Violence: Physical trauma causing injury to the spinal cord, the result of physical violence.
Paralysis From Car Accidents in Virginia
Virginia’s car accidents are one of the leading causes of catastrophic injury claims. Typically, high-speed crashes, rollovers, and violent rear-end collisions can all lead to vertebral fractures, herniated discs, and irreversible spinal cord damage and, therefore, paralysis caused by car accident Virginia. You can receive full compensation for your past, present, and future losses if the car accident was due solely to the negligence of another driver.
However, recovering these damages can be very difficult because of Virginia’s strict contributory negligence rule. If the court finds that you are even 1% at fault for your accident, the result will be that you will not be able to recover damages. You must, therefore, have a competent attorney who has experience in handling paralysis injury lawyer Virginia car accidents from day one if you want to ensure that you have protection for your claim.
Spinal Cord Injuries and Permanent Disability
A spinal cord injury’s site and severity will play a significant role in a person’s ability to walk again. A cervical spine injury will usually result in quadriplegia; a thoracic or lumbar spine injury will most often result in paraplegia. In cases of incomplete spinal cord injury, the patient may achieve at least partial recovery or improvement with rehabilitation; a complete spinal cord injury deprives all motor/sensory function below the site of injury and has virtually no chance of spontaneous healing.
Obtaining the needed documents that will help substantiate a strong Virginia paralysis injury claim is critical. These things include diagnostic imaging such as MRI’s and CT scans, and the ASIA Impairment scale classification.
“Every day, paralysis cases are getting more and more complicated. So at our firm, we team up with top spinal cord specialists and vocational and life care planners to expertly document your future medical needs to present a compelling case to a Virginia jury or at the settlement negotiation process.” – Robert Tatum
Your Legal Rights: Suing for Paralysis in Virginia
If you have suffered a paralysis injury due to another party’s mistakes, first, you will need to establish four basic components in order to be successful in your claims against an individual or company you believe caused your injury.
They are:
- Duty of Care
- Breach of Duty
- Cause of Paralysis
- Measurable damage
Most times, there will be no dispute regarding element four, so catastrophic injury attorney Virginia will mainly be focused on establishing causation and figuring out the full scope of your lifetime losses.
Virginia Laws on Catastrophic Injury Claims
Virginia has no cap on compensatory damages as a result of paralysis from a car accident, negligent property management, or a defective product. In addition, the statute of limitations for filing such a claim is two years from the date of injury, according to Virginia Code § 8.01-243. If you miss this deadline, you will lose your right to file a claim. In addition to the two years under Virginia law, you have a shorter notice period for filing claims against the state under Virginia’s Tort Claims Act, which can be as little as one year. You should contact a spinal cord injury lawyer Virginia immediately after sustaining an injury to ensure you do not miss any filing deadlines.
Compensation for Paralysis Injury Victims
Permanent paralysis injury compensation includes all present and future economic and non-economic losses:
- Medical expenses: Emergency medical treatment, surgery, hospitalization, rehabilitation, outpatient therapy, specialists, and adaptive equipment.
- Lifetime attendant care: Quadriplegics typically require around-the-clock assistance. Longevity of care is routinely valued at no less than $5,000,000.
- Lost earning capacity: Present value of all earnings you will never earn again.
- Home and vehicle modifications: Making homes and vehicles accessible, including widening doors, installing ramps, and putting in handicap accessible bathrooms; vehicle modifications may include adding hand controls to a car.
- Pain, suffering, and loss of enjoyment of life: Continued neuropathic pain; PTSD; depression; loss of personal relationships and activities; more.
- Punitive damages: Only awarded when acts of extreme negligence have been demonstrated, such as Driving While Intoxicated (DWI): The maximum amount of punitive damage is $350,000 under the provisions of Code § 8.01-38.1.
Who Pays for Lifelong Paralysis Treatment?
The costs of acute paralysis treatment can be paid for by either health insurance or by the state via Medicaid initially; both have subrogation rights and will pursue your paralysis accident settlement Virginia for repayment of the amounts that they paid out for your treatment. The at-fault party’s liability insurance will be the first paid after you win a personal injury lawsuit against that party.
Once the liability benefits have been exhausted, an experienced brain and spinal cord injury lawyer will seek other sources of repayment including:
- Umbrella policies
- Underinsured motorist policies
- Employer liability exposure
- Product manufacturers for any other source of recovery.
Individuals with paralysis resulting from an accident at work may have a workers’ compensation claim for workplace injuries or a third-party personal injury lawsuit for pain and suffering and other damages that workers’ compensation does not cover.
Contact Tatum & Atkinson Law Firm Virginia’s Catastrophic Injury Law Firm
A paralysis case can change your life instantly. At Tatum & Atkinson Law Firm, our experienced attorney understands what is a paralysis injury in Virginia and leads a dedicated team to represent individuals who suffer catastrophic injuries in Virginia, including paralysis.
We understand the ins and outs of Virginia courts and Virginia juries, as well as the aggressive tactics insurers use when dealing with high-value quadriplegia and paraplegia injury lawsuits. We have the experience and the resources to pursue a lawsuit for you or a loved one that’s a result of quadriplegia or paraplegia from start to finish.
Contact us for your free consultation at (800) 529-0804. Each Virginia paralysis injury claim is taken on a no-win, no-fee basis, meaning you don’t pay unless we win.
Frequently Asked Questions!
Can You sue for paralysis injury in Virginia?
Yes, if the other driver’s negligence caused the crash, then you can file a personal injury claim against that driver for all of your actual medical bills, lost wages, and non-economic losses, including your pain and suffering.
How much is a paralysis injury case worth in Virginia?
The amount depends on injury severity, any future medical costs, and the projected loss of future income due to incapacity. Quadriplegics typically see settlements of several million dollars based on lifetime medical costs, attendant care, and lost wages projected for the rest of their lives.
Do I need a lawyer for a spinal cord injury claim?
Yes, both the insurance companies and the at-fault driver’s insurance will aggressively fight against paying for your damages. An experienced Virginia spinal cord injury lawyer will create a comprehensive life care plan and engage in the fight to obtain compensation to cover your lifetime needs.
How long do I have to file a paralysis injury lawsuit in Virginia?
The time limit for a claim under Virginia law (Code Section 8.01-243) is 2 years from the date of injury. An earlier written notice may be necessary for some claims against the government. Contact your attorney immediately to help protect your claim.
Can paralysis happen from a workplace accident?
Yes. Falls from scaffolding, crush injuries from machinery, and work-related accidents can all result in personal injury or workers’ compensation claims against employers or third parties who caused the accident.
Disclaimer: This information is presented solely for informational purposes and is not intended to be used as legal advice. No relationship is established between the reader and Tatum & Atkinson Law Firm by the reading of this information. Please contact Tatum & Atkinson Law Firm directly at (800) 529-0804 for legal advice specific to your situation.
