Many spinal cord injuries are avoidable and often caused by the negligence of another party. Have you or someone you love suffered a spinal cord injury? Do you need help getting the compensation you’re entitled to?
We can help you. Contact Langdon & Emison today to speak with a Kansas City personal injury lawyer about your legal options. We offer a complimentary consultation, and you can book yours by calling (866) 931-2115.
Why are spinal cord injuries so serious?
Your spinal cord is the messenger between your brain and your body. Severing or bruising the spine can lead to compromised physical abilities, numbness, and permanent disability. Many spinal cord injuries, like herniated discs, result in limited mobility and lifelong chronic pain.
Your entire life could change after a spinal cord injury. You could be unable to care for yourself without help and may need to live in a skilled nursing facility or have an in-home caregiver. The family dynamic also changes when one member suffers a spinal cord injury. A breadwinner may no longer be able to work, or a family member may be thrust into the role of caregiver.
What should I do after experiencing a spinal cord injury?
Follow these steps to protect your rights after an injury.
1. Report the incident
If you suffered an injury in a vehicle collision, report the injury to the police and your insurance company. If you were hurt at work, you likely must notify your employer so you can pursue workers’ compensation.
2. Follow your doctor’s orders closely
Follow your doctor’s treatment recommendations, including physical or occupational therapy. This gives you the best chance of recovery. Be sure to save all your medical records from the accident, from your initial emergency room visit to all your after-care appointments. Your Kansas City spinal cord injury lawyer will use these to establish the extent of your injury and build a case against the at-fault party.
3. Speak with a Kansas City spinal cord injury lawyer
You may have more rights than you realize, including demanding compensation for your medical care, lost wages, and pain and suffering. Your Kansas City spinal cord injury attorney can properly value your claim and advise you of your rights.
How much does it cost to hire a spinal cord injury lawyer in Kansas City?
Each personal injury law firm sets its rates for building a spinal cord injury case. Most, like those at Langdon & Emison, offer representation on a contingency fee basis. We only assess legal fees on the contingency that we win your case in court or successfully negotiate a settlement for the claim. This allows you to access high-quality representation without worrying about the up-front costs.
How much time do I have to file a claim?
Per the Missouri Statute of Limitations, you must file your claim five years from the accident date. However, it’s better to file as soon as you can. Evidence could vanish or witness memories fade.
What kinds of damages can I claim?
You’re entitled to claim both economic and non-economic damages. Economic damages are your actual, out-of-pocket expenses. Non-economic damages are intangible losses that naturally flow from the injury, like pain and suffering, disability, and loss of enjoyment of life.
What are some common causes of spinal cord injuries?
Spinal cord injuries often happen because of trauma, like a car collision or workplace accident. They can also happen because of repetitive motion or repetitive stress injuries. You may also suffer a spinal cord injury because of a degenerative disease or medical condition, like arthritis or an infection that forms an abscess on the spinal cord.
Many causes of spinal cord injuries can be attributed to negligence. For example:
- Injury in a vehicle collision: Reckless or distracted driver
- Workplace injury: Lack of safety gear or failure of an employer to establish or enforce safety protocols
- Spinal cord infection: Lack of cleanliness and sanitation standards in a medical care facility
- Repetitive stress injury: Poor working conditions permitted by your employer
- Bruising or severing the spinal cord: Being struck by a car while walking or riding a bike
These are just a few everyday occasions that could lead to a serious spinal cord injury. If your cause isn’t on the list, we can still help you.
What are some symptoms and complications of spinal cord injuries?
Symptoms of a spinal cord injury (SCI) vary and often depend on where on the spine the injury occurred. The location of the spinal cord injury determines the symptoms and which parts of the body may be affected by the damage.
Immediately after a traumatic SCI, your body and spinal cord are in shock. Shock masks feelings of pain and other sensations, like reflexes and muscle movement. You could have swelling of the spinal cord and the soft discs between the vertebrae. As the swelling from the injury subsides, other symptoms may appear.
If you suffered a spinal cord injury due to a herniated disc, infection of the spine, or a degenerative disease, then your symptoms may develop more slowly. You may not notice the symptoms and chalk them up to being tired or getting old.
The higher up on the spinal cord the injury is, the more your body will have compromised movement. Injuries to the cervical spine or neck could result in quadriplegia, while injuries to the lumbar spine may affect only the legs.
Injury to the middle of the spine could affect your ability to breathe, and injuries to the middle or lumbar spine may affect your digestive system and bowel and bladder control. Some people may also suffer loss of sexual function. You may notice muscle spasms, lack of muscle control, or weakness.
Because SCI symptoms are often similar to other symptoms following a traumatic spinal injury, like a car wreck or a fall from heights, you may need an X-ray, MRI, or blood test to diagnose your injury properly.
How our Kansas City spinal cord injury lawyers prove liability
To hold the at-fault party liable for the spinal injury you suffered, your spinal cord injury lawyer in Kansas City must prove the person or entity was negligent. Negligence is a four-pronged legal concept that is the basis of personal injury claims:
- The person or entity that caused your injury had a duty of care for your safety
- That party breached their duty of care
- The breach led to the accident, either directly or by creating conditions where the accident was likely
- You suffered losses because of the accident, and your injury
Each of these elements must be proven in civil court. Your attorney may build your case using layers of evidence like:
- Your medical records. These indicate the extent of your injury and your prognosis for healing. Many people with SCIs require care in a skilled nursing facility or in-home care. Your medical records and doctor’s recommendations help your lawyer properly value your claim so it covers all the care you may need for the rest of your life.
- Witness testimony. Your attorney must establish how the accident happened and that it was the other party’s fault.
- Video footage or photos. Any CCTV, dash cam, security footage, or photos taken by you or witnesses help document the accident and the scene.
- Electronic data. If you were involved in a vehicle collision, one or both vehicles may have an event data recorder (EDR), like an airplane’s “black box.” This indicates the speed of each vehicle, sudden stops or acceleration, and impacts.
- Safety records of the place where you were injured. This may include complaints to a property manager about unsafe conditions or a safety audit of your workplace.
Your lawyer gathers evidence specific to your case. They may have a private investigator or book the services of an expert witness to bolster your claim.
Why it’s important to visit the doctor as soon as possible
Without prompt diagnosis and treatment of a spinal cord injury, you run the risk of further injury or complications. Fast diagnosis may provide a window of early intervention that can improve your prognosis for recovery.
Also, visiting the doctor immediately after the accident helps establish that your injuries resulted from the accident or incident and not another cause. The other party’s lawyer or insurance company will almost certainly try to claim that your injuries were due to a pre-existing condition and therefore, you’re not entitled to compensation.
Support groups and other resources for spinal cord injury patients in Kansas City
Spinal cord injuries affect the victim and their family. Some resources that can help you after an SCI include:
- The Greater Kansas City Spinal Cord Injury Association (GKCSCIA), the local chapter of the American Spinal Cord Injury Association
- American Academy of Physical Medicine and Rehabilitation, for families to help an injured child or youth
- BACKBONES, provides support for injured persons and their families
- Association of Assistive Technology Act Programs, helping families locate assistive technology and adaptations for mobility and access
Our Kansas City spinal cord injury attorneys are ready to help
Have you suffered a spinal cord injury that’s affecting your daily life and ability to earn a living? Do you want to hold the at-fault party accountable for their actions? We can help you.
Contact Langdon & Emison today at (866) 931-2115 for a free consultation with one of our experienced KC personal injury lawyers.
