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The National Institute of Neurological Disorders and Stroke (NINDS) defines paralysis as the inability to move parts of the body. It may be accompanied by a loss of sensation in the affected areas. Trauma, medical conditions, or complications from surgery can cause these injuries. Depending on the severity, paralysis can be temporary or permanent, affecting mobility, independence, and overall quality of life.
A paralysis injury can have a lasting impact on every aspect of a person’s life. Medical care, rehabilitation, and ongoing care can be expensive, and the inability to work may lead to financial hardship.
The Centers for Disease Control and Prevention (CDC) reports that stroke-related costs in the United States totaled nearly $56.2 billion between 2019 and 2020. These costs include medical care, prescription medications, and lost wages due to missed work.
When paralysis results from someone else’s negligence—such as in a car accident, workplace incident, or medical malpractice—seeking legal recourse may be necessary to cover medical fees, lost income, and pain and suffering.
At Buchanan, Williams & O’Brien, we help individuals and families navigate paralysis injury claims. We work to secure fair compensation, handle negotiations with insurance companies, and provide legal guidance to ease the financial and legal burden. Our legal team is devoted to safeguarding the rights of those affected by paralysis and ensuring they receive the support they need to move forward.
Understanding Paralysis Injuries
Paralysis affects the nervous system, leading to a loss of muscle function. Its impacts are profound, affecting personal independence and daily life routines. Differences exist between temporary and permanent paralysis and partial and complete paralysis.
Common Causes of Paralysis Injuries
Paralysis is mostly caused by spinal cord injuries, which commonly result from traumatic events. Per data from the National Spinal Cord Injury Statistical Center (NSCISC), motor accidents are the leading cause, responsible for 37.5% of such injuries in the U.S. Workplace accidents, especially falls from heights, are another significant cause.
In addition to accidents, violence, such as gunshot wounds or physical assaults, can lead to permanent paralysis. Medical errors, like surgical mistakes or misdiagnosed conditions, may also result in severe nerve damage. In some cases, vertebrae fractures or dislocations damage the spinal cord, causing loss of movement and sensation.
These injuries often require major medical care, rehabilitation, and ongoing support. Victims may face high medical costs, loss of income, and significant pain and suffering. Seeking legal representation can help secure compensation to cover these expenses, allowing victims to focus on recovery without the burden of financial stress.
Signs and Symptoms Requiring Urgent Attention
Immediate recognition of signs indicating paralysis or spinal cord damage is vital. Loss of sensation and muscle weakness are among the predominant symptoms. In cases of complete paralysis, such as paraplegia or quadriplegia, an inability to move limbs might also be present.
These urgent symptoms necessitate swift medical evaluation. Delaying medical care can worsen outcomes and complicate rehabilitation. Furthermore, early diagnosis helps in planning extensive physical therapy or using assistive devices. This is crucial in enhancing life quality and planning legal steps for compensation.
Why Legal Support Is Critical In Cases Of Paralysis Injuries
Financial challenges are a significant concern, with paralysis often entailing high medical costs and lost income. The Christopher & Dana Reeve Foundation estimates that the lifetime expense of treating a spinal cord injury (SCI) depends on how serious the injury is, and the patient’s age. On average, lifetime costs range from $1.5 million to $3 million.
These costs include healthcare and living expenses directly related to the injury but do not cover indirect costs such as lost wages, benefits, or reduced productivity. This can be unbearable for you or your family to face alone. Hence, our legal team works tirelessly to make sure our clients receive fair compensation for medical expenses, ongoing care, and any loss of earnings.
The stress of handling insurance claims and negotiations can be exhausting. We handle the strenuous interactions with insurance companies to let our clients focus on healing and adapting to new circumstances. By doing this, we aim to provide relief and support to our valued clientele.
Legal Liability And Negligence
When dealing with paralysis injuries, legal liability, and negligence are key elements in pursuing compensation. These cases often revolve around proving the negligent party’s failure to meet their duty of care, leading to a victim’s life-altering injuries.
Damages and Compensation
In personal injury cases involving paralysis, victims may face extensive costs beyond immediate medical bills. Ongoing rehabilitation, modifications to living environments, and focused care often stretch into future expenses. Economic damages can cover these costs alongside lost income. On top of that, non-economic losses like pain, suffering, and loss of enjoyment of life are crucial aspects, acknowledging the profound personal impact of such injuries.
For cases of spinal cord injuries, compensation needs to fully address both current and future needs. Securing fair compensation ensures that those affected can focus on recovery without the burden of unchecked financial strain.
Workers’ Compensation For Workplace Paralysis
Workplace accidents are a leading cause of paralysis and spinal cord injuries. Fortunately, Missouri law protects injured workers through the workers’ compensation system. Under Missouri Revised Statutes § 287.120, employees who suffer work-related injuries, including paralysis, are entitled to medical care, lost wages, and disability payments under the state’s no-fault Workers’ compensation system.
Missouri workers’ compensation offers several types of benefits to help injured employees recover:
- Medical Coverage: Injured workers are entitled to complete payment for medical expenses, including hospitalization, rehabilitation, surgeries, and ongoing care related to their workplace injury.
- Temporary Total Disability (TTD): Employees who cannot work while recovering can receive 66 2/3% of their average weekly wage (RSMo § 287.170).
- Permanent Total Disability (PTD): Workers who are permanently unable to return to any employment, such as those paralyzed, may qualify for lifelong wage benefits (RSMo § 287.200).
- Permanent Partial Disability (PPD): If workers can return to a different job but with physical limitations, they may receive partial wage replacement.
While workers’ compensation provides significant financial and medical support, it has limitations. For example, it does not compensate for pain and suffering. However, injured workers may have additional legal options beyond workers’ compensation in some cases:
- Third-Party Claims: If a third party, such as a defective equipment manufacturer or a negligent subcontractor, caused the injury, the worker may file a personal injury lawsuit plus their workers’ compensation benefits.
- Employer Negligence Exception: If the employer intentionally created unsafe working conditions, the injured worker may be able to file a lawsuit outside of the workers’ compensation system (RSMo § 287.120(2)).
Missouri’s workers’ compensation laws are designed to support employees after workplace injuries, but in some instances, pursuing additional legal action may be necessary to secure full justice.
Statute of Limitations And Filing Deadlines
Missouri law imposes strict deadlines for filing personal injury claims. Under Missouri law (RSMo § 287.430), workers must report workplace injuries to their employer within 30 days. They usually have up to two years to file a claim with the Missouri Division of Workers’ Compensation. Failing to act within these deadlines can risk losing your benefits and compensation.
At Buchanan, Williams & O’Brien, we assist injured workers in Missouri with workers’ compensation claims. We also explore other legal options to help you secure the full compensation you deserve for paralysis and other serious injuries. Contact us today for a free consultation.
How Buchanan, Williams & O’Brien Can Help
Paralysis injuries can completely change your life, bringing physical, emotional, and financial challenges. At Buchanan, Williams & O’Brien, we are here to help you through these difficulties with experienced legal support and personalized guidance.
Our team investigates the cause of your injury, whether a car accident, workplace incident, medical malpractice, or defective product, to identify who is legally responsible. We fight to secure compensation for medical fees, costs of rehabilitation, lost income, and pain and suffering. If a workers’ compensation claim applies, we ensure compliance with Missouri laws and explore additional claims against third parties.
With decades of personal injury experience, we negotiate assertively with insurance companies and are ready to take your case to court if necessary to get the best possible outcome. If you or someone you love has suffered paralysis because of someone else’s negligence, contact us today for a free consultation.
Contact Our Paralysis Injury Lawyer in Springfield Today
We understand the heavy burden that paralysis injuries can impose. Our experienced attorneys are here to alleviate legal and financial stresses for you and your family.
A straightforward consultation with us clarifies your legal options and sets the stage for a potential case evaluation to discuss your specific circumstances. Legal representation is crucial, especially when negotiating with insurance companies. We urge anyone dealing with such life-altering injuries to contact us promptly.
Scheduling a free consultation with our spinal cord injury attorneys can be the first step towards securing the compensation you deserve.
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