Paralysis is not only a traumatic injury for the victim, but for the family of the victim as well. Due to the severity of a paralysis injury, it is imperative to try to recoup compensation if the injury was a result of another person’s negligence. If a victim is able to prove that their damages is a direct result of someone else’s inability to act responsibly, they may be able recover compensation which would account for lost wages, loss of future wages, and any medical treatment needed for healing.
Whether your paralysis was caused by a spinal cord injury, vehicle crash, fall, or other accident, you should get in touch with a compassionate injury attorney for legal assistance. A Pinellas County paralysis injury lawyer may be able to provide you with the representation you deserve and could also work tirelessly to get you the compensation you deserve.
Statute of Limitations for Paralysis Injury Claims
The laws regarding negligence in Pinellas County have been compiled in Chapter 768 of the Florida Statutes. Under §768.28, the time limit for bringing this type of claim for a paralysis injury is generally four years from the date of the harm.
Different limits may apply depending on the type of defendant and the circumstances of the paralysis injury. A Pinellas paralysis injury lawyer may discuss the legal implications of individual paralysis injuries with potential claimants.
Recoverable Damages
The recoverable damages for a paralysis injury may be both economic and noneconomic. Economic damages include actual medical costs and lost wages. Noneconomic awards may be provided for such intangible harms as loss of consortium, loss of capacity for enjoyment of life, mental anguish, and pain and suffering.
A “significant permanent injury” to a parent may result in an additional award to their children. Under §768.0415f.s., a child whose parent has suffered a “permanent total disability,” may be entitled to monetary compensation for such harms as permanent loss of society, comfort, and companionship.
Civil Suits Involving Hazardous Work Environments
Florida Statutes, Chapter 769, codifies the regulations for precarious occupations. Under §769.04f.s., negligent employers of paralysis victims are prohibited from using an “assumption of the risk” defense. Although workers in dangerous jobs do take on a great deal of risk, they may still recover for paralysis injuries caused by the negligence of their employer or their employer’s agent.
Another factor to be considered is whether or not an accident happened while acting for the benefit of the employer. Accidents which occur during the course and scope of employment may be compensable under §440.09f.s. A Pinellas County paralysis injury lawyer may discuss this issue further with plaintiffs who were paralyzed on the job.
Medical Malpractice Causing Paralysis Damages
In some cases, paralysis may be caused by a surgical mistake. This type of negligence may constitute medical malpractice in Pinellas County.
Under §766.203 of the Florida Statutes, certain preliminary steps should be taken before filing a medical malpractice suit. Claimants may need to acquire a medical expert opinion as to whether a doctor or hospital was professionally negligent.
This investigation could be an indicator to the court that a professional or facility failed to meet the proper standard of care. A paralysis injury attorney in Pinellas County may be able to further explain these pre-suit regulations.
Retain the Services of a Pinellas County Paralysis Injury Attorney
If you have been temporarily or permanently paralyzed in Pinellas County, it is strongly recommended that you investigate the services a Pinellas County paralysis injury lawyer could provide you with. A hard-working attorney could take on the majority of the responsibility that goes with filing a compensation claim. Furthermore, an attorney could speak on your behalf when negotiating a potential settlement offer with other parties. Get in touch with a lawyer today to learn more about the benefits of retaining legal assistance.
