Apr 17, 2015 - Articles - by Dodson & Hooks, APLC
A spinal cord injury can happen in a moment’s notice and cause long-term, lifelong injury and disability. For many victims of spinal cord injuries, the thought of pursuing a lawsuit for damages and compensation may seem overly burdensome or overwhelming. However, as Baton Rouge spinal cord injury attorneys can thoroughly explain, the financial burdens awaiting victims not pursuing compensation will likely far outweigh the potential temporary stress of a spinal cord injury lawsuit.
What’s more, a successful spinal cord injury lawsuit could result in a sizable damages verdict or settlement due to the fact these injuries typically leave victims paralyzed or with a significantly altered quality of life. For more information or advice about a spinal cord injury lawsuit, we invite you to give Dodson & Hooks APLC a call right away.
Types of Spinal Cord Injury Lawsuits
Injuries to the head, neck, and spine can happen in a variety of ways, to include car, motorcycle or bicycle accidents, accidents in recreational areas or amusement parks, botched operations or as a result of battery by another person.
Because of the varied nature of spinal cord injury accidents, there are also a variety of causes of action available to the injured plaintiff, including negligence, strict liability, breach of warranties or intentional torts. Likewise, spinal cord injury victims may be able to recover compensation under a number of different theories available under Louisiana law.
Damages Recoverable in a Spinal Cord Injury Accident
In a general negligence action – such as one involving a truly accidental vehicle collision or pedestrian accident – a spinal cord injury victim may recover any of the following:
- Compensation for the actual costs and expense of all medical treatments associated with the accident
- Lost wages and future earnings if future employment is not possible
- Future medical expenses, including long-term care and lifelong therapy
- Compensation for pain and suffering, mental distress, disfigurement and loss of enjoyment of life
- Compensation for immediate family members for loss of the relationship
Within the context of a spinal cord injury, plaintiffs may be facing certain unique doctrines, including medical malpractice or intentional torts. Medical malpractice occurs when a physician, surgeon or other member of the healthcare profession deviates from accepted medical practices, resulting injury. In Louisiana, damages against healthcare providers are generally capped at $500,000; however, your spinal cord injury lawyer may be able to seek additional compensation in certain situations.
Lastly, punitive damages are available in Baton Rouge and elsewhere throughout Louisiana on a very limited basis. Punitive damages are those that are added to compensatory damages above and beyond compensatory damages. In general, only a spinal cord injury victim who was injured as a result of a drunk driving accident may be able to recover punitive damages.
Contact Dodson & Hooks APLC Today!
For more information about damages and compensation available to spinal cord injury victims, please contact Dodson & Hooks APLC as soon as possible.