Available 24/7
(972) 854-7900
Available 24/7
(972) 854-7900
Paralysis could be the result of many types of injuries, though it is largely the result of spine and brain injuries. If the paralysis happened at work or was the result of someone else’s negligence, you or your loved one may be eligible for compensation. Consider contacting a local Frisco paralysis injury lawyer for help navigating your personal injury claim.
A skilled injury attorney could apply their experience and knowledge to provide legal assistance that avoids issues such as insurance claim errors or omissions that might delay the filing process. The right lawyer could help you gather all relevant evidence and fill out the corresponding paperwork while also providing representation during settlement or trial proceedings.
Spinal cord and brain injuries have many causes. Bicycle, car, and truck accidents could cause spinal cord and brain injuries depending on the surroundings and the speed and type of impact. Based on where and how the paralysis happened, other parties may be liable. If a brain or spinal cord injury occurred in the workplace due to faulty machinery, the injured employee may have a claim for product liability in addition to any workers compensation provided by the employer.
Assigning liability in a paralysis case requires identifying who was most at fault for the accident. Generally speaking, if one party was more careless than the other, the first party may be liable for at least some of the resulting damages. However, if the injured party contributed to the accident, their recovery may be reduced due to Texas’ modified comparative negligence laws. If the injured party was more than 50 percent responsible for the accident, the injured party may be barred from receiving monetary compensation. If the injury claim is against the Texas government or a governmental subdivision such as a city, county, or public school, the affected party must file a formal claim with the specific governmental body within six months and must show that the cause of the injury is one of the specific causes that allows a claim to be brought against the state. Motor vehicle collisions and injuries caused by the use of personal property are two specific causes of injury that can result in a successful claim against the state of Texas.
The statute of limitations for personal injury and workers’ compensation claims vary by state. In Texas, an individual who sustains a paralysis injury at work has 30 days to report the disablement to their employer. The state does not require employers to have workers’ compensation insurance, but it also forbids employers who have workers’ compensation insurance from discriminating or retaliating against employees who file claims. If an employer does not have workers compensation insurance a traditional personal injury claim may be pursued against the employer with the normal two year statute of limitations applying.
Individuals have two years to file and pursue a personal injury claim that caused paralysis in Frisco. The two-year deadline applies to negligence cases, such as slip and fall accidents, as well as some intentional tort such as personal battery and assault cases. Filing past the two-year deadline often leads to a dismissal of the case. However, there are exceptions and an experienced Frisco paralysis injury lawyer could help victims and their families fight to get their case into court.
If you or a loved one have sustained a paralysis-related injury, deciding what to do next can seem overwhelming, but quick action is necessary. A local lawyer with experience in serious personal injury cases provides the counsel that clears up confusion so you or your family member can plan for your future.
Speak with a Frisco paralysis injury lawyer to determine the next steps in your case. Call the firm today to set up your initial consultation.
McCraw Law Group
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