Liability in McKinney Paralysis Claims
Establishing liability in McKinney paralysis claims is an important step toward recovering financial compensation. However, it is not always clear who is accountable for a paralysis injury. By enlisting the help of a dedicated attorney, you could improve your chances of recovering fair compensation.
Common Causes of Paralysis
Paralysis occurs when there is a disruption of the nerve, whether in the spine itself or one of the nerves coming off it. It can happen a number of ways, including the nerves being severed, but commonly due to an orthopedic injury.
In those injuries, the body tries to heal itself by sending white blood cells to the affected area. This causes swelling to occur at the site of injury. If this occurs around a nerve root or on the spinal cord itself, paralysis can result. After an accident, if someone has any loss of function, it is critical that they have an MRI immediately or potentially even undergo emergency surgery to reduce that swelling.
The other common situation that can cause someone to become paralyzed would be from the spinal cord or a nerve being severed. If a nerve is severed, sometimes the more peripheral nerves can be reconnected, and someone can regain some function. Truck wrecks, construction accidents, even a bad fall, if it is severe enough, can cause paralysis. An attorney could determine who is liable for the paralysis injury and file a claim for compensation in McKinney.
How is Liability Determined in a Paralysis Case?
Liability is determined in a paralysis case just as it is with any other personal-injury case. A court will determine who is at fault, who failed to do what they should have done, or did what they should not have done. However, this is not always easy to determine.
For instance, if somebody is rear-ended at 60 or 70 miles an hour and has permanent paralysis due to a negligent truck driver, it is obvious that the driver who caused it is responsible. However, there could also be other conditions to look at, such as if the truck should not have been on the road to begin with.
If the wreck occurred due to poor training or a defective part, other parties could be held liable for the paralyzing accident. It is the role of the McKinney attorney to determine the exact cause of the paralysis injury and to hold the correct defendant liable.
Proving Negligence in McKinney
Establishing liability in McKinney paralysis injury cases requires proving the defendant behaved negligently. Negligence occurs when someone does not behave in a way a reasonable and prudent would under similar circumstances.
This often requires proving four elements:
- The defendant owed the claimant a duty of care
- That duty was breached
- This breach of duty resulted in the claimant being harmed
- The harm can be measured in compensable damages
In many situations; laws, regulations and even industry norms can be used by the attorney to prove just what actions or inactions are reasonable under the circumstances. When a paralysis injury occurs in a highly regulated industry such as oil and gas, mining, excavation injuries, construction or trucking, seasoned paralysis injury lawyers will scour the rules and regulations to determine if there are already safety rules in place that the lawyer can highlight to the jury while the jury determines if the injury is a result of negligence.
Are There Instances That Could Result in Paralysis If Not Treated?
A common instance that can result in paralysis not being treated properly is a situation in which there is swelling that causes a loss of function to the body. That is one of the reasons an experienced lawyer may ask people who have been in car crashes, truck wrecks, falls, or construction accidents whether they have pain. They also will have the person walk around a little bit to see whether they are losing function.
Lawyers are trained to do that intentionally because sometimes in the immediate aftermath of a wreck, injuries to the spine may go unnoticed. Sometimes swelling happens over several days. It is a progressive loss of function.
Discuss Liability in McKinney Paralysis Claims with an Attorney
Establishing liability in McKinney paralysis claims can be challenging. By speaking with a dedicated attorney, you could improve your chances of holding the at-fault party or parties accountable for your losses. Schedule a case consultation by calling today.