When someone suffers a spinal cord injury, it can have a significant impact on their life. Spinal cord injuries often result in permanent disability, affecting the individual’s ability to carry out daily activities such as walking, dressing, and bathing. The costs associated with treating and managing spinal cord injuries can also be astronomical. Fortunately, California has laws in place to protect the rights of those who have suffered a spinal cord injury.
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The Basics of Spinal Cord Injury
A spinal cord injury (SCI) refers to any damage to the spinal cord or the nerves at the end of the spinal canal. SCI can be caused due to various reasons such as a vehicle accident, fall, gunshot wound, or sports injury. The extent of the harm caused by a spinal cord injury generally depends on the location of the injury and how severe it is.
Types of Spinal Cord Injuries
Spinal cord injuries can either be complete or incomplete. A complete spinal cord injury occurs when there is no sensation or movement below the point of injury. In contrast, an incomplete spinal cord injury typically results in a partial loss of sensation and movement. These types of spinal cord injury can occur at any level of the spinal cord, and the extent of the damage can vary.
California Spinal Cord Injury Laws: What You Need To Know
Negligence Law
California Spinal Cord Injury Law states that those who have sustained a spinal cord injury can sue the person or organization that caused the injury. The main legal theory for doing so is negligence. Negligence means that the person or entity that caused the injury was careless and failed to act as a reasonable person would in similar circumstances.
Contributory Negligence
If a person who has suffered a spinal cord injury contributed to their injury, the person responsible for the injury can argue contributory negligence. In this case, the injured person is deemed to have contributed to their injury, and compensation is reduced accordingly. This defense can prove complicated, and it’s recommended that you consult an experienced spinal cord injury attorney.
Liability for Property Owners and Employers
In California, property owners and businesses have a duty to provide a safe environment for their customers and employees. If a spinal cord injury occurs on their property, the property owner or business owner may be held liable for the injury. Examples include falls caused by unsafe conditions such as stairs or lack of handrails.
Medical Malpractice
When a spinal cord injury is caused by medical negligence, the injured person may have a medical malpractice claim against the healthcare provider responsible. It could be due to improper diagnosis, mistakes during surgery, or aggressive treatment options that were unnecessary and caused the spinal cord injury.
Statute of Limitations
In California, a statute of limitations applies to personal injury lawsuits. In most cases, an injured person has two years from the date of the spinal cord injury to file a lawsuit. If the case involves a government entity, a formal claim must be submitted within six months of the injury.
Obtaining Compensation
In California, those who have suffered spinal cord injuries may be entitled to compensation for their losses. Spinal cord injury compensation may include:
- Medical bills, including future expenses
- Lost wages and/or future earning potential
- Rehabilitation costs
- Physical and emotional pain and suffering.
Choosing an Attorney
Given the complexity and high stakes involved in a spinal cord injury case, it’s important to choose an experienced attorney. A qualified spinal cord injury attorney can help navigate the legal process, increase the chances of success in obtaining compensation, and ensure that the client’s rights are fully protected.
Conclusion
California Spinal Cord Injury Laws provide protection for people who have suffered spinal cord injuries. These laws give injured parties the right to file a lawsuit and claim compensation for damages incurred. Spinal cord injuries can be life-changing, and it’s essential to seek the help of an experienced attorney to ensure that your rights are fully protected. Remember, there’s a limited time to file a lawsuit, thus it’s crucial to take action as soon as possible.