Becoming paralyzed in an accident disrupts a person’s life in countless ways. You will likely require lifelong medical care and follow-up treatment and have limited options for employment. For these reasons, immediate financial recovery is often necessary after a paralyzing injury.
Our skilled local attorneys could help by handling insurance company communication and negotiation and the legal work for a civil case filing. An experienced Coeur d’Alene paralysis injury lawyer at our firm could help you investigate and review the case to determine recoverable damages.
The extent of the injuries and paralysis will depend on the part of the body affected and how much nerve damage you sustained. It may only affect one limb or half of the body or cause total paralysis and affect all limbs and torso. The four main types of paralysis include:
Our Coeur d’Alene attorneys could answer your questions about the different paralysis types and help determine the amount of damages you could potentially recover.
Negligence occurs when individuals do not do their part to ensure the safety of those around them. When filing a claim, you will carry the burden of proof. To establish negligence, you must show the court that the defendant owed you a certain duty of care and failed to act reasonably in carrying out that duty. The four elements our Coeur d’Alene paralysis injury attorneys could help you establish to prove negligence include:
You will need to show the court that the defendant owed a certain duty of care. Individuals and businesses must avoid dangerous behavior that could cause harm to those around them.
You will then need to show that the defendant’s actions or conduct did not meet the requisite standard. Standard means that a reasonable person would not have acted in the same manner.
Next, you will need to establish that the defendant’s negligent actions were the direct cause of your injuries and losses.
Lastly, you must show you suffered actual damages and losses. We could establish damages through the nature and extent of medical treatment that the injuries required.
The comparative negligence statute allows you to collect compensation for damages even if you share partial responsibility for the accident. The claim will require an extensive investigation and evidence to prove liability. Sometimes, multiple people share accountability. In these cases, you would list multiple defendants on the petition.
As long as you are not 50 percent liable, the court would award you compensation minus the percentage of fault you share. Under Idaho Code § 6-801, partial responsibility (less than 50%) will not hinder your ability to collect payment for damages. The court will reduce award amounts by the assigned percentages of fault. Our paralysis lawyers in Coeur d’Alene could help calculate the award under the comparative negligence statute’s terms.
If you or a loved one became paralyzed because of another’s misconduct, you need legal assistance you can depend on and trust. Our compassionate and hard-working Coeur d’Alene paralysis injury lawyers could help you build your case to recover the maximum award for the compensation you need and deserve. Call today to book a consultation with our reliable team.
Owens, McCrea & Linscott, PLLC