El Centro Paraplegia Injury Lawyer
Paraplegia is a life-changing injury that can drastically impact an injured person’s quality of life. This type of paralysis can require extensive physical therapy to regain the ability to perform everyday life tasks.
In many cases, paraplegia injuries result from an avoidable accident. You should speak to an El Centro paraplegia lawyer at Walter Clark Legal Group immediately if you or your loved one has experienced a paraplegia injury due to someone else’s negligence.
Paraplegia Is Classified in Different Ways
Paraplegia is a type of paralysis that results in a person’s inability to move their lower extremities. The condition is typically the result of an injury to the spinal cord or nervous system.
Paraplegia injuries can result from a traumatic impact injury or from non-traumatic causes such as spinal tumors or autoimmune diseases. An individual can also suffer from complete or partial paraplegia.
Complete paraplegia refers to total loss of motor and sensory function. Partial paraplegia refers to a more limited loss of function, such as paralysis on one side of the body.
The injury is also broken down into categories of flaccid and spastic paraplegia. Flaccid paraplegia means a complete loss of muscle function. Spastic paraplegia means that the person’s muscles contract uncontrollably.
In many cases of paraplegia, the injury is the result of an accident involving negligence. Some common examples of accidents that can lead to paraplegia include:
- Falls
- Medical malpractice
- A physical attack or assault
- Motor vehicle accidents, including car, truck, or motorcycle crashes
When negligence or reckless behavior leads to a paraplegia injury in El Centro, the victim can pursue a personal injury lawsuit with the guidance of a seasoned attorney. In general, individuals within the state are legally responsible for their own willful or unintentional actions that cause injuries to others when they fail to use reasonable care under California Civil Code § 1714.
Paraplegia Due to Medical Malpractice
Medical malpractice often leads to paraplegia injuries in El Centro. Some common types of medical malpractice that can cause paraplegia are:
- Surgical errors
- Misdiagnosing a spinal cord injury
- Failure to treat or improper treatment of a spinal cord injury
- Birth injuries that lead to spinal cord damage
Experiencing paralysis from medical malpractice can cause extreme emotional distress. According to Cal. Civ. Pro. Code § 340.5, an individual who is injured by a healthcare provider’s professional negligence can file a medical malpractice claim within three years of the date of injury. When the injury goes undiscovered, the victim must file their claim within one year from when the harm was reasonably discoverable.
The statute defines professional negligence as a negligent action or omission by a healthcare practitioner while providing professional service that causes injury or death.
Before a victim can file a medical malpractice lawsuit, they must provide a 90-day notice of their intent to file suit to the healthcare practitioner, according to Cal. Civ. Pro. Code § 364.
Potential Limits on Damages
There are several state laws and policies that can limit an El Centro paraplegia injury victim’s ability to recover damages in a lawsuit. While there is generally no cap on damages in personal injury cases, the state does cap a plaintiff’s ability to recover damages in certain scenarios.
For medical malpractice claims, a plaintiff’s ability to recover non-economic damages from healthcare providers or institutions is capped at $350,000, according to Cal. Civ. Pro. Code § 3333.2. For medical malpractice claims that lead to a wrongful death, non-economic damages are capped at $500,000.
Non-economic damages refer to immeasurable losses like emotional distress, pain and suffering, loss of consortium with a spouse or domestic partner, and mental anguish. There is no cap on economic damages, which include quantifiable losses such as medical bills, lost wages, or lost earning capacity.
Ask an El Centro Attorney About Paraplegia Injury Lawsuits
You should talk to an El Centro paraplegia injury lawyer immediately if you were injured in an accident. Walter Clark Legal Group understands the devastating toll that these injuries have on victims and loved ones.
Our legal team values our focus on client relationships. In the event we do not handle your specific type of case, we can help get you information to obtain a knowledgeable co-counsel. Call today to discuss your case with a compassionate attorney.
