Quadriplegia is a kind of paralysis that affects all four limbs and the torso. It is also called tetraplegia. Quadriplegia arises from damage to a high point on the spinal cord, most frequently on the cervical spine between C1 and C7. The higher that an injury is, the greater that the damage will be. Extremely high spinal cord damage can be fatal. If you develop quadriplegia due to the negligence of another party, you should retain an experienced Syracuse quadriplegia lawyer. At DeFrancisco & Falgiatano, we provide aggressive legal representation to people who suffer from quadriplegia following a car or truck accident or another incident of misconduct or negligence.
Seeking Compensation for QuadriplegiaOften, quadriplegic people possess completely healthy arms and legs. However, the spinal cord is what sends signals to and from the brain, and if it is damaged, the signals are not sent or received. The injury to the spinal cord stops these signals. However, many complicated and intricate structures are involved, and the injuries that result in quadriplegia are unpredictable. Sometimes the brain can compensate for damage, but sometimes not. Sometimes the swelling at the injury site goes down, allowing for the return of some function. There have been instances of spontaneous recovery, as well as instances in which surgery or other treatment helped recover some function. A completely accurate prognosis for quadriplegia is challenging.
Many cases of quadriplegia result from traumatic spinal cord injuries. These spinal cord injuries can arise due to car accidents, truck accidents, falls, or medical malpractice. Sometimes spinal cord infections or tumors that are left untreated can cause quadriplegia. The cause of the quadriplegia in that case must be caught early enough to permit treatment. A quadriplegia attorney in the Syracuse area can help you investigate your case to determine who may have been responsible.
Often, there is a total loss of sensation below the site of the spinal cord damage. However, quadriplegics who regain sensation can find that their muscles ache. Some movement has come back, but they may face spasticity or difficulties with bladder elimination, fertility, weight gain, and bedsores.
When you suffer quadriplegia as a result of someone else's misconduct or mistake, you will likely need to prove negligence in order to recover damages. Proving negligence requires your Syracuse quadriplegia attorney to show that it is more likely than not that somebody else owed you a duty of reasonable care that was breached, thereby causing serious injuries. The duty owed varies significantly based on the circumstances, and the ways in which duties can be breached are similarly widely varying. For example, if you develop quadriplegia because you are walking across the street and are hit by a driver who was texting while driving, it is likely that a jury would find that the driver was negligent in causing the pedestrian accident.
On the other hand, if you are a construction worker who suffers from quadriplegia due to a contractor or owner's failure to take certain safety precautions, Labor Law 240 or 241 may apply. Labor Law 240 is also known as the Scaffold Law, and it protects the rights of workers injured in high falls or by being hit by a falling object. Under this law, the general contractor, project owner, project manager, and building owner can be held responsible for failing to take the appropriate precautions for gravity-related injuries. Labor Law 241 specifies actions that must be carried out on a job site and specific equipment that needs to be provided in the interest of safety. When these actions are neglected by people in charge, a worker who suffered from quadriplegia as a result may be able to recover their damages after a construction accident.
If liability is established, damages can include both economic and noneconomic losses that arise as a result of the quadriplegia, including pain and suffering, emotional distress, medical bills, lost wages, lost earning capacity, out-of-pocket expenses, physical therapy, rehabilitation, medical equipment, and alterations to the home to make it possible for you to continue using your home.
Hire a Knowledgeable Quadriplegia Lawyer in Syracuse or RochesterIf you suffer from quadriplegia as a result of an accident, our law firm may be able to help you recover damages from responsible parties. DeFrancisco & Falgiatano represents people injured in accidents in Syracuse, Rochester, Binghamton, Auburn, Elmira, Norwich, Cortland, Delhi, Herkimer, Watertown, Lowville, Oneida, Wampsville, Utica, Canandaigua, Oswego, Cooperstown, Ithaca, and Lyons. Call us at 833-200-2000 or contact us via our online form.