New Braunfels Spinal Cord Injury Lawyer

New Braunfels Spinal Cord Injury Attorney

A spinal cord injury can occur for many reasons, and the consequences for the injured individual can be devastating. Anyone who experienced spinal cord damage due to someone else’s negligence has the right to seek justice, and the legal services of a New Braunfels spinal cord injury lawyer can be crucial to that process. One remedy for a serious back injury is financial compensation. A fair settlement can allow the injured party to receive the medical treatment they need.

For over a decade, our founding attorney has championed the rights of injured individuals in New Braunfels, TX by helping them obtain the compensation they are owed. We understand the toll that a spinal cord injury can put on injured victims and their families, so we can handle the major aspects of your case while you focus on recovering.

Why Choose KLJ Law, PLLC?

A spinal cord injury is considered a catastrophic injury because it is often life-threatening and always life-altering. Anyone who experiences a serious back injury risks becoming partially or fully paralyzed. Given the severity of spinal cord injuries, anyone who suffers this type of injury should seek legal representation from a law firm with a successful record of helping clients get the compensation they are owed.

Our founding attorney comes from a humble background. He understands the stress that an injury can put on people from all economic backgrounds. That’s why he tirelessly fights to maximize the compensation paid out to his clients. Spinal cord injuries can lead to sizable settlements when injured victims are represented by a personal injury attorney, especially one who does not back down until their client is paid the compensation they are owed.

Common Causes of Spinal Cord Injuries

Spinal cord injuries can be caused by a wide range of accidents or even physical assaults. No matter the cause of your spine injury, we can represent you in court and hold the at-fault party accountable for causing you physical and emotional harm.

• Physical Assault: Physical assaults are often prosecuted as crimes in Texas. Even when the assailant is charged with a misdemeanor or felony, they can still be held liable through the civil courts. Given the malicious nature of assaults, the injured party could seek punitive damages in certain cases.
• Falls: Property owners have a duty of care to make sure their business or land does not cause someone else to have a slip-and-fall injury. This type of premises liability can leave the owner of the property financially liable for any harm that results from a visitor’s fall. While falls may not sound serious, they can lead to lacerations, broken bones, and even serious head trauma.
• Car Collisions: Car collisions can exert extreme force on the spine, leading to injuries such as whiplash, fractured vertebrae, or even spinal cord damage. The sudden impact often compresses or twists the spine, causing long-term pain and potential mobility loss.
• Pedestrian Accidents: When a vehicle hits a pedestrian, the injuries for the bystander can be substantial. Broken bones are common, and a serious back injury is always a possibility. Driver negligence can leave the driver financially responsible for any bodily injury they cause
• Medical Malpractice: Medical doctors and nurses are held to high standards, but they can sometimes make medical errors that lead to serious or even grave injuries. Depending on the circumstances of a surgical procedure, the doctor may be financially liable for any harm they caused, including a spine injury.
• Heavy Machinery Accidents: Heavy machinery accidents can cause severe spine injuries, including herniated discs, fractured vertebrae, and spinal cord damage. These can result in pain, disability, and potential loss of mobility.

Proving Fault Following an Injury

Proving fault is a key step before one can file legal actions or demand payment. This process typically involves establishing four elements: duty of care, the breach of that duty, causation, and damages.

First, the injured party must show how the at-fault party had a responsibility to act with reasonable care, whether as a driver on the road, a property owner, or a medical professional. Breaching this duty, such as ignoring safety guidelines, establishes the next element.

The plaintiff must then demonstrate causation — proof that the breach of duty directly led to the injury. Medical records, eyewitness accounts, and expert testimony can strengthen this point, as can video or photo evidence when available.

The final element, damages, involves demonstrating the financial and personal impacts of the injury. Medical bills, lost income, and pain and suffering are common forms of damages that, once proven, contribute to establishing a case for compensation.

Although proving fault is often crucial, the defendant doesn’t have to be 100% at fault for a plaintiff to seek compensation. Under the Texas comparative negligence legal framework, the plaintiff can bear some of the responsibility for causing their injury and still file a claim in court. Their attorney must show that their client is not more than 50% at fault to qualify for legal action.

How to Receive Compensation

Anyone seeking compensation following an injury should first seek legal counsel. There are multiple ways to pursue compensation, but self-representation could lead to setbacks. One place your attorney can explore is the at-fault party’s insurance policy. Whether the incident took place on the road or on someone’s property, the at-fault party may have an insurance policy that covers bodily injuries.

Negotiating with an insurance company is often not as straightforward as it seems. Insurance companies often put profits over paying a fair settlement, which is why your attorney should negotiate your settlement on your behalf.

In other cases, your lawyer may reach out directly to the at-fault party to demand compensation. Both of these approaches could avert the need to go to court, although a reputable personal injury lawyer should be willing to go to court if needed.

If those measures do not result in a fair settlement, there is always the option of taking the at-fault party to court by filing a civil case. Once the court system is involved, your lawyer can have new legal resources to access evidence, which can further bolster your case.

FAQs

What Is the Survival Rate for a Spinal Cord Injury?

Survival rates for spinal cord injuries depend heavily on injury severity, treatment quality, and the individual’s age. Generally, individuals with less severe injuries and access to quality care fare better. Survival chances initially improve after the first year, though long-term survival remains complex due to complications that may develop over time.

How Much Can You Get From a Spinal Injury?

Compensation for spinal injuries is influenced by factors like injury severity, impact on daily life, and medical costs. Individuals may receive financial awards covering medical expenses, lost income, and personal damages. Settlements vary, especially when injuries lead to long-term impairment, intensive care, or rehabilitation, as these can increase the overall financial compensation significantly.

How Much Does a Spinal Cord Injury Cost Per Year?

Annual costs for spinal cord injuries are extensive and influenced by injury type, ongoing therapy needs, and adaptive equipment requirements. Individuals often face high medical expenses, with recurring costs for medications, physical therapy, and assistive devices. These ongoing expenses place financial strain on those affected, especially when significant lifestyle adjustments are necessary.

Does a Spinal Cord Injury Qualify for Disability?

Yes, spinal cord injuries generally qualify individuals for disability benefits, given the lasting impact on mobility and independence. Disability assistance can help cover basic living costs, medical needs, and assistive equipment. Qualifying for these benefits typically depends on the injury’s severity and the functional limitations it imposes, as outlined by the Social Security Administration’s standards.

Do Survival Rates Go Up After One Year?

Yes, studies have found that once someone survives past the first year with a serious and paralyzing spinal injury, their survival rate goes up considerably. Around half of the people who survived the first year of a serious spinal injury were still alive 40 years later, based on a study by the National Institutes of Health.

What Are Common Long-Term Effects of a Spinal Cord Injury?

Long-term effects of spinal cord injuries can vary, but they often include reduced mobility, chronic pain, and dependence on assistive devices. Many individuals experience changes in muscle function, sensation, and lifestyle. Psychological impacts, such as depression or anxiety, are also common. Long-term effects depend on the injury’s location and the level of rehabilitation achieved.

Schedule Your Spinal Cord Injury Consultation Today

Recovering from a spinal cord injury requires extensive and complex medical treatments and therapy. Following a serious injury that was caused by someone else, you may be wondering how you will pay for your medical bills. The legal team at KLJ Law, PLLC, can review your case before pursuing compensation. We can determine how much is needed to truly cover your medical expenses, lost wages, and other financial losses resulting from your injury.

At KLJ Law, PLLC, we staunchly believe that our clients should not have to live with the financial consequences of someone else’s misconduct or negligence. Texas personal injury laws can restore you financially and secure the resources to rebuild your life. To schedule your consultation, contact our office today.