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10 June 2024Common Causes of Spinal Cord Injuries and Your Legal Rights
Spinal cord injuries (SCIs) are one of the most devastating life events we may face. But what are the most common causes of spinal injuries, and what are your legal rights? Our injury experts are here to help you through the challenging journey ahead.
The Strong Yet Fragile Spinal Cord
Our spinal cords are an incredibly intelligent piece of our human design, consisting of a network of nerves within our spinal vertebrae that links our brains to the rest of our bodies. This cord expertly transmits neural messages to control how we move, feel, and function. It sits in a protected area, but it’s not invulnerable to damage—and when damage happens, it can be catastrophic.
Most Common Causes of Spinal Cord Injuries
SCIs can happen anytime, anywhere, in a variety of unexpected circumstances. While some situations might feel risky, even seemingly simple, safe activities can lead to a spinal cord injury.
Here’s a look at some of the most common causes in personal injury law.
1. Car Accidents & Motorcycle Accidents
Motor vehicle accidents cause nearly 40% of all spinal cord injuries, with high-impact collisions, T-bone accidents, vehicle rollovers, motorcycle accidents, and more creating a severe potential for damage.
Some drivers moving recklessly can cause serious accidents. But you can’t control the other people on the road – only yourself. And other negligent behaviors, like distracted driving or driving under the influence, will significantly increase the risk of accidents.
2. Slip and Falls
Sometimes, a simple slip and fall can have disastrous consequences. A fall from heights, a slip and fall on uneven or wet surfaces, or a lack of safety measures can all damage spinal cords and cause back bone pain.
You might think about slips and falls in the context of work, and it’s true that construction and other heavy-duty workers are at increased risk of issues. But another group of people are disproportionately at risk – older adults with declining bone density and balance capabilities.
Still, SCIs can happen to anyone, anywhere. An uneven sidewalk could trip you up, or a missed step could cause a tumble. Wearing stable footwear, maintaining strength and balance, and watching surroundings carefully can help prevent some risks.
3. Medical Malpractice
The very people we trust to manage our health can sometimes be the cause of a serious spinal cord injury. Medical malpractice is an unfortunate reality that too many people experience, with negligent care causing surgical errors, misdiagnoses and delayed treatment, and medication administration mistakes that can irreparably harm spinal cords.
Beyond the physical consequences, you could feel a loss of trust and face major medical costs. While rare consequences always have the potential for risk, you can minimize your risks by researching doctors, asking questions and procedure risks and alternatives, and maintaining detailed medical records.
4. Workplace Accidents
While some high-risk roles lead to devastating spinal cord injuries, even those deemed safe still come with risk. The daily grind could quickly degrade into a compression fracture spine injury at a busy worksite due to a fall from height, falling objects, machine or equipment mishaps, and more.
Even simpler, less strenuous jobs can cause injury to your spine and fractured vertebrae through repetitive motion, slips and falls, or workplace violence. Employers have a legal responsibility to keep their workplaces safe, and if they fail in that, they’re legally at fault.
5. Sports Injuries
High-impact and physically demanding sports aren’t all fun and games – some come with serious risks. Sports like hockey, rugby, football, and more all include regular, high-impact collisions that can put immense pressure on the spine, causing nerve damage and other SCIs.
Incorrect diving, winter sports, equestrian sports, cheerleading or dance, and improper gymnastic landings can also cause issues. Protective gear offers another layer of protection, but it doesn’t completely mitigate the risks.
The Path to Recovery: Your Legal Rights After an SCI
How Much Is My Spinal Cord Injury Worth in a Lawsuit?
Spinal injuries are complex, painful, and traumatic, but they don’t have to be a life sentence. You don’t have to deal with the physical, financial, and legal aftermath alone – a lawyer for personal injury can help advocate for your rights and help your recovery after an incomplete spinal cord injury.
If your spinal cord injury resulted from someone’s negligence, you likely have grounds for financial compensation for losses through a personal injury lawsuit. Speak with a PI lawyer to learn more.
There are a few elements you need to prove your personal injury case:
Duty of Care
Drivers have a serious legal responsibility to follow all traffic laws and avoid putting other people at risk.
Property owners and employers must ensure they create a safe premise for people and address potential hazards immediately.
Medical professionals must legally provide a standard of care that reasonably meets accepted best practices.
Coaches and sports organizations must prioritize safety and protect all participants and players.
People have a duty to reasonably avoid violence in their communities and prevent harm to others.
If any of these elements aren’t met, you may be able to prove a legal breach of duty.
Causation
You must be able to reasonably prove that the duty of care was breached to have a legal case against another party. You must demonstrate that the at-fault party’s omissions and actions directly caused your spinal cord injury.
Damages
How much can you get from a spinal injury?
To have a viable case, you must prove the injury has caused you financial and non-financial damage.
How much compensation will I get for a spinal injury?
With a complex SCI, compensation could include:
Medical Expenses like surgery, healthcare costs, medication, rehabilitation, spinal clinic care, and more.
Lost Wages due to injury recovery and any potential future earnings lost.
Loss of Enjoyment of Life from injury-related limitations on travel, hobbies, and other pre-accident activities you previously enjoyed.
Pain and Suffering for emotional and physical pain, including emotional distress, stress, depression, and chronic pain.
Property Damage for any property damaged because of the accident.
The Morris Law Group—Ontario’s Best Lawyers For Personal Injury
A spinal cord injury is devastating, but you don’t have to go it alone. At The Morris Law Group, we have 60+ years of experience advocating for victims and helping them through some of the most difficult times of their lives. Don’t settle for less than you deserve.
How to Navigate Spinal Cord Injury in Ontario
Our Hamilton personal injury law attorneys are ready to help you get on the road to recovery from your SCI and advocate for the compensation you deserve. We’ll help you navigate the complicated insurance and legal systems so you can focus on what you need to – feeling good managing your health. Request a free consultation or call us at 905-526-8080 to learn more.
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