Paralysis is one of the most challenging conditions a person might have to live with. Depending on the location and degree of paralysis, many tasks and activities that made life meaningful for the injured person might be unavailable to them after their injury.
If you were left paralyzed after an accident that was another party’s fault, contact a Jackson paralysis injury lawyer. A seasoned catastrophic injury attorney at the Reaves Law Firm, PLLC could review your case and help you pursue legal action.
The Centers for Disease Control reports the leading causes of paralysis are spinal cord injury and stroke. Some head and neck injuries may also result in paralysis. Medical conditions such as Lou Gehrig’s disease, muscular dystrophy, multiple sclerosis, and cerebral palsy could lead to paralysis.
Spinal cord injuries and head injuries that lead to paralysis often result from motor vehicle crashes, falls, and sports injuries. Medical errors could contribute to many cases of paralysis arising from health conditions or diseases.
A proactive Jackson injury attorney could review the circumstances that led to an individual’s paralysis to determine whether negligence might have been a factor. If so, they could demand the negligent party pay damages to the paralyzed person.
A party is liable to pay damages to someone who suffered losses due to their negligence. Compensatory damages are available to anyone who can prove negligence. Punitive damages are sometimes available, depending on the circumstances surrounding a plaintiff’s injury.
Compensatory damages include expenses such as medical costs and lost wages. When a person suffers a paralytic injury, damages could include equipment such as a wheelchair, physical therapy, occupational therapy, and counseling to help the individual learn to cope with their condition. These financial awards are meant to reimburse any expense an injured person incurs while seeking or receiving care for their injury.
Compensatory damages also include compensation for the injury’s intangible effects. A person with a paralytic injury could receive damages for their pain, disability, mental suffering, and diminished quality of life. Though, Mississippi Code §11-1-60 limits pain and suffering damages to $1,000,000 in many personal injury cases. However, if the plaintiff is suing a healthcare professional alleging medical negligence caused their paralysis, the state caps their pain and suffering damages at $500,000.
In rare cases, an injury lawyer in Jackson might advise a person who suffered paralysis due to another party’s negligent act to seek punitive damages. Courts do not typically award punitive damages in personal injury cases but might do so if the plaintiff could prove that the defendant acted with gross negligence or actual malice.
The state of Mississippi allows a person who suffered personal injuries due to negligence three years to file a lawsuit seeking damages. If the individual misses the deadline, a judge will not hear their case regardless of its merits.
When a plaintiff is alleging medical malpractice caused their paralysis, they have only two years from the date of injury to file a lawsuit. Though, in some cases, it is not evident that malpractice caused paralysis. In such instances, the injured person has two years from the date they learned or should have learned that medical malpractice was the cause of their condition to file suit.
Exceptions apply in certain cases, and an injured person should always consult with an experienced paralysis injury attorney in Jackson before assuming an action is time-barred. Seeking legal advice soon after an incident that caused paralysis helps the injured person preserve their rights to seek compensation.
Adapting to paralysis is a full-time job. An injured person could greatly benefit from allowing a Jackson paralysis injury lawyer to handle negotiations for compensation while they focus on healing and adjusting to their new lifestyle.