If you have suffered a catastrophic injury that led to paralysis at the hands of a negligent individual, know that you may be eligible for compensation for your resulting damages. A qualified Chattanooga paralysis lawyer can assist you in proving the liability of the party at fault, linking your injury to the incident, and negotiating a fair compensation package on your behalf. Read on to learn more about how a skilled injury attorney can fight for your rights today.
Types of Paralysis
Paralysis can affect different parts of the body depending on where the brain or spinal cord injury occurs. Doctors typically classify paralysis based on how much of the body is affected and whether the loss of movement is partial or complete.
Paraplegia
Paraplegia refers to paralysis affecting the lower half of the body, including both legs. This type of paralysis is often caused by injuries to the lower spinal cord and may impact mobility, bladder control, and other bodily functions.
Quadriplegia (Tetraplegia)
Quadriplegia, sometimes called tetraplegia, occurs when paralysis affects both arms and both legs. This condition typically results from damage to the cervical region of the spinal cord and may also impact breathing, muscle control, and sensation throughout much of the body.
Partial vs. Complete Paralysis
Paralysis may also be classified as either complete or incomplete. Complete paralysis means a person has lost all sensation and voluntary movement below the injury site, while incomplete paralysis means some signals can still travel through the damaged nerves, allowing limited sensation or movement.
Common Causes
Paralysis can be caused by spinal cord damage or a brain injury. Where this damage occurs and its effect is how the type of paralysis is defined. Paralysis is often caused by an accident that damages a nerve. If a nerve is severed, it will cause paralysis in the parts of the body that the nerve is supposed to serve. It can also be caused by illnesses or brain damage. If someone suffers traumatic brain damage through loss of blood and oxygen to the brain or a severe injury, that, too, can cause paralysis. Injuries that can cause paralysis over time include progressive brain injuries. About 40% of brain injuries get worse over time, caused by low blood pressure, brain swelling, and intracranial bleeding.
Paralysis can also develop from circulatory conditions that interfere with healthy blood flow to the brain. Issues such as high blood pressure, hardened arteries, or other cardiovascular problems can reduce oxygen to the brain and lead to serious neurological events such as strokes, which may result in partial or complete paralysis.
In some cases, untreated medical conditions can also lead to paralysis. When an existing condition affecting the brain, spine, or nervous system is not properly diagnosed or treated, the damage may worsen over time and eventually cause permanent loss of movement. If medical professionals fail to diagnose or treat such conditions in a timely manner, this may constitute medical malpractice.
Certain types of spinal injuries worsen over time as well, and the degeneration of the spine may lead to these consequences. Know that a knowledgeable Chattanooga paralysis lawyer can assist patients who have suffered these injuries through aggressive representation in court.
Recoverable Damages
Individuals cope with paralysis in different ways. It is always desirable if someone can have a positive attitude and a candid spirit, and tries to gain as much function as possible to live their life fully. However, many patients also suffer from depression, worry and anxiety to become withdrawn from society. These individuals often require medication to treat these psychological effects from this type of injury. In addition to all of the other medical costs associated with paralysis, know that these damages are just as important to receive coverage for.
As in other personal injury cases, paralysis patients may recover both economic and noneconomic damages from the party at fault. Economic damages are quantitative and physical in nature, and can come in the form of one’s medical bills, property damage costs, and lost wages. On the other hand, noneconomic damages are qualitative and more subjective in nature, encompassing one’s pain and suffering or trauma sustained after an injury. While this makes these types of damages more difficult to calculate, they can still be awarded from a jury based on how well a skilled injury attorney can communicate one’s pain to the court.
Comparative Negligence
In Tennessee, if the injured party is at least 50% or more at fault for the injury, then that individual cannot recover any money in a civil claim. If an injured plaintiff is less than 50% at fault for causing their injury, then they have the ability to recover their damages decreased by the percentage of fault that is attributed to them. For example, if the plaintiff were found to be 30% liable by a jury with the defendant carrying the other 70% of the fault, the plaintiff’s recoverable compensation would then be reduced by 30%.
Evidence in a Paralysis Injury Claim
Building a successful paralysis injury claim often depends on gathering strong evidence that shows both how the injury occurred and how it has affected the victim’s life. Medical documentation, accident evidence, and witness testimony can all play an important role in establishing liability and damages.
In many cases, medical evidence is essential to demonstrate the extent of the injury. Doctors may perform diagnostic tests such as nerve conduction studies and other electrodiagnostic testing to show that nerves are no longer functioning properly or that damage to the brain or spinal cord has occurred. These records can help establish that the paralysis is real and potentially permanent.
Types of Evidence Used in Paralysis Cases
When preparing a paralysis claim, attorneys may gather a wide range of evidence, including:
- Physical evidence from the accident scene
- Eyewitness testimony
- Testimony from medical professionals
- Medical records and diagnostic reports
- Medical bills and treatment records
- Employment and income documentation
- Testimony from family members or coworkers
This evidence helps establish several critical facts in a paralysis case: that the victim was not paralyzed before the accident, how the injury occurred, and the extent to which the injury has affected their life and ability to work.
How Long Do I Have to File a Paralysis Injury Claim in Chattanooga?
Tennessee has one of the shortest statutes of limitations for personal injury claims in the country. In most cases, you have only one year from the date of the injury to file a lawsuit seeking compensation.
This deadline applies to many types of paralysis-related cases, including those caused by car accidents, falls, workplace incidents, or other acts of negligence. If a lawsuit is not filed within this one-year window, the court will likely dismiss the case, which means that you could permanently lose the ability to pursue compensation for your medical bills, lost income, and long-term care needs.
Paralysis injuries often involve complex medical evaluations, accident investigations, and extensive documentation to fully understand the long-term impact of the injury. Because of this, it is important to begin the legal process as soon as possible so that critical evidence can be preserved and your legal team has time to build a strong case.
Where to Get Treatment for a Paralysis Injury in Chattanooga
An individual suffering from paralysis should immediately go to one of the major hospitals in Chattanooga. CommonSpirit – Memorial Hospital and Erlanger Baroness Hospital both have advanced stroke treatment and brain injury treatment. Erlanger is the city’s only Level I trauma center.
In addition to receiving the proper care needed to treat one’s condition, individuals need to keep in mind that a multitude of procedures and documents are required to properly demonstrate that someone’s paralysis is permanent under current medical standards. Doctors can perform the necessary tests and provide documentation that may help show the damages a person has suffered.
Role of a Chattanooga Paralysis Lawyer
The role of a catastrophic injury lawyer in a paralysis case is to counsel the plaintiff on their legal options, to help them navigate the insurance labyrinth that comes with recovering compensation, and make sure they get the best treatment providers possible. A dedicated Chattanooga paralysis lawyer will work to prove the case to the insurance company and try to negotiate a fair settlement on the plaintiff’s behalf or to take the case to trial.
