Damages in Paralysis Lawsuits

People can be paralyzed for many different reasons including as the result of a car accident, truck accident, dangerous premises, or medical malpractice. There are instances in which paralysis is partial or an accident victim is still able to work and earn a living. However, many people do not have enough saved for themselves or a loved one in the event that they are paralyzed and need medical care and are no longer able to work at the same or a similar job. Paralysis is a catastrophic injury, meaning it can be permanently life-altering. If you were catastrophically injured because of another’s negligence, you should talk to the seasoned Syracuse paralysis lawyers of DeFrancisco & Falgiatano. We have three decades of experience negotiating with insurers and taking cases to trial to make sure our clients get the best damages awards in paralysis lawsuits.

When nerves are not damaged, they are able to send signals to muscles so that the muscles can move, and information can be provided back to the brain. However, if you’ve been paralyzed, you won’t be able to able to move part or all of your body. Damages for a lawsuit brought to recover damages arising out of paralysis are usually compensatory. This means they are intended to make up for your losses rather than punish anyone. Our Syracuse attorneys cannot recover damages for losses that are purely speculative, but only those we can prove by a preponderance of the evidence.

Our lawyers will need to present evidence, typically documentary, to substantiate your claim for past, present, and future economic damages.

Medical expenses are commonly recovered when liability can for paralysis is established. These expenses often include hospitalization in an acute care unit, and some combination of surgery, assistive devices, medications such as muscle relaxants, and therapy. You may need a ventilator and catheter, along with physical rehabilitation.

You may have transportation needs, which tend to be quite expensive as well. A wheelchair, including a voice or breath-controlled wheelchair may be needed over the long-term. Our lawyers may be able to seek the costs of ramps and railings for your home, along with modifications for your automobile and changes to your shower to accommodate your paralysis.

Our attorneys should also be able to recover your past and present lost income. Wage loss is typically established by presenting evidence in the form of documentation about what you made before the accident.

In some instances, economic damages arising out of paralysis involve future losses. For instance, if you are thirty and worked in construction and fell two stories and suffered paralysis, and can no longer work in construction or all, it might be necessary not only to retain a medical expert on the issue of whether you can work, but also to retain an economic expert to testify on what your future loss of earnings are due to the paralysis. The expert would look at your life expectancy and expected working life, along with what you were making and what you reasonably could have expected to make over your remaining lifetime in order to provide his opinions.

Your own testimony and the testimony of family members may go towards establishing noneconomic damages. These damages can include pain and suffering, loss of enjoyment, and loss of consortium. These types of losses may vary dramatically depending on how effective your lawyer is and what the jury believes would naturally flow from your paralysis. If you are our client, we would ask you and your family about all the ways in which your life has been adversely impacted by your paralysis and present this evidence of noneconomic losses in a persuasive way to insurance adjustors and a jury.

When paralysis is the result of egregious misconduct, it may be appropriate to seek punitive damages. These are not damages to compensate you for your losses. Rather, these are damages intended to punish a wrongdoer and deter future wrongdoing. For instance, if you were suffered paralysis because a drunk driver with prior DUIs got on the road in a snowstorm and crashed into your car, it may be appropriate for the court to award punitive damages.

If you suffered paralysis due to the fault of another in Syracuse, you should call our veteran trial lawyers. DeFrancisco & Falgiatano represents clients in Lowville, Rochester, Auburn, Watertown, Herkimer, Oswego, Wampsville, Canandaigua, Lyons, Ithaca, Cooperstown, Oneida, Utica, Binghamton, and Elmira. Complete our online form or call us at 833-200-2000 for a free consultation.