Long-term loss of sensation and motor function in any part of the body is arguably the single most severe consequence that someone can suffer from a non-fatal accident—especially if it ends up preventing them from holding gainful employment or caring for themselves on a daily basis. Unfortunately, the unique severity of “paralysis” as an outcome of a traumatic accident does not make it any easier to successfully demand civil compensation from the person responsible for causing that accident.
Fortunately, you have help available to you from a Summerlin personal injury lawyer who has experience getting positive results from cases like this in Rhodes Ranch, Sovana, Sun City, and all over the Las Vegas metropolitan area. From beginning to end of your legal proceedings, your dedicated catastrophic injury attorney will make sure your rights are respected and help you navigate past possible legal and procedural roadblocks that might otherwise keep you from getting paid what you deserve.
Proving that “Negligence” Led to a Paralyzing Injury
While paralysis most commonly stems from traumatic damage to the spinal cord, it can also result from:
- Certain types of traumatic brain damage
- Improper diagnosis or treatment of medical conditions like strokes
- Localized nerve damage—for example, a severe burn on the arm or leg, or a penetrating injury to the shoulder or hip
Regardless of what form a paralyzing injury takes or how widespread the ensuing paralysis is, though, the legal basis for virtually every civil claim built around this sort of injury will be “negligence.”
In brief, someone is “negligent” under Nevada state law if all the following conditions are true:
- They owed a “duty of care”—either explicit like the obligation all drivers have to obey traffic laws, or a more general expectation to act reasonably under specific circumstances—to the injured person suing them
- They “breached” their duty by doing something specifically reckless, careless, or illegal
- That breach was the “proximate”—essentially, the main and direct—cause of an accident that likely would not have occurred without the breach
- That accident was the proximate cause of an injury to the person filing suit, which required some form of professional medical care and caused them “compensable” losses
As a Summerlin paralysis accident attorney from Shook & Stone could explain, “compensable” losses in a claim like this can range from short-term medical bills and missed work income to long-term losses of earning capacity, physical and psychological suffering, and an overall decline in quality of life.
Getting Around Obstacles to Effective Civil Recovery
Importantly, people who become paralyzed in accidents involving other people are not immune from being found partially at fault for their injury based on their own “negligent” behavior. Any amount of “comparative fault” assigned to an injured person along these lines could be held against them as a proportional reduction from their final damage award or even, as detailed in Nevada Revised Statutes § 41.141, a reason to deny them compensation altogether.
Furthermore, N.R.S. § 11.190 sets a filing deadline of just two years on virtually all personal injury claims, even those involving permanent and debilitating injuries. Put simply, guidance from a skilled lawyer can be essential to making sure these and other legal restrictions do not negatively affect your ability to recover from a paralyzing injury in Summerlin.
Talk to a Summerlin Paralysis Injury Attorney About Your Legal Options
It can be understandably hard to think positively or proactively after becoming permanently paralyzed by no fault of your own. That said, you have limited time to enforce your right to civil recovery after being hurt in this way, and getting these payments can be vital to protecting your best interests both now and well into the future.
Assistance is available from a knowledgeable and compassionate Summerlin paralysis injury lawyer at Shook & Stone. Call today to set up a free initial meeting with one of our committed attorneys.
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