A spinal cord injury is a debilitating condition that can jeopardize your long-term health and well-being. When another person causes an injury like this, a Sarasota spinal cord injury lawyer could help you pursue financial compensation through a civil lawsuit.
Your ability to recover compensation for damages depends on the personal injury laws applicable to the type of accident your injuries resulted from. Call our dependable catastrophic injury attorneys today for help.
Spinal cord injuries can occur in several different types of accidents, and the best kind of case to pursue depends on the circumstances of the injury. Generally, a personal injury claim involving spinal cord damage arises in one of the following incidents:
A motor vehicle collision or another type of traffic accident could lead to a spinal cord injury because of someone’s negligence, such as a disregard for traffic laws. While the risk of spinal cord damage is often greater for individuals in exposed vehicles like bicycles or motorcycles, car drivers and passengers are also at risk of these injuries.
Back injuries, including spinal cord damage, are common in slip and fall cases and other accidents that occur on someone’s property. Florida’s premises liability could allow the injured person to collect compensation when their injury results from a property owner’s failure to address dangerous conditions. This failure could include not properly addressing the hazardous condition and not warning visitors of the potential hazard. Possible issues that could lead to premises liability cases include slippery walkways, raised flooring, or holes.
Sometimes, a spinal cord injury is the result of a faulty product. Florida extends liability to manufacturers and designers when their defective products cause consumer injuries. For example, a seatbelt that malfunctions during a car accident. The following issues could be relevant to a defective product case that caused a spinal cord injury:
Additionally, Florida statute 768.1257 makes the science and technology available at the time of a product’s manufacture relevant in determining whether the subsequent injury resulted from a design defect. This is known as the state-of-the-art defense. A knowledgeable lawyer in Sarasota can evaluate a case and determine who is legally responsible for the spinal cord damage.
Two significant issues can present challenges when obtaining compensation for a spinal cord injury: comparative fault and pre-existing conditions. A spinal cord injury attorney in the Sarasota area could build a case against the at fault party and advise the plaintiff on the best options for financial recovery.
Florida’s comparative fault rule could reduce the plaintiff’s compensation based on their level of responsibility for the accident that led to their injury. Following a 2023 amendment to Statute 768.81, when a plaintiff is more than 50 percent at-fault, they cannot collect compensation.
Another concern with spinal cord injury cases is the involvement of the eggshell plaintiff rule, which applies in cases where an injured person has a pre-existing condition. A defendant and their insurance provider could claim the spinal cord injury was the result of a pre-existing condition, rather than the defendant’s negligence.
A Sarasota spinal cord injury lawyer’s help is beneficial in cases involving aggravated conditions or comparative fault; their value could extend beyond these complex issues.