Paralysis from a traumatic event such as a car accident results in severe physical limitations that present serious health challenges while often preventing the victim from holding a job, enjoying prior hobbies and activities, and being able to take personal care of him- or herself. Other types of nerve damage may lead to fewer restrictions while still impairing daily life.
Though there is often no way to undo paralysis or nerve damage, when it was caused by someone else’s negligence a financial recovery can fill in some of the gaps. The Salamati Law Firm understands the hurdles that Los Angeles individuals and families face when it comes to establishing liability for such serious cases.
What damages can be recovered for a paralysis or nerve damage injury?
In California, personal injury victims can generally recover for both economic (or “special”) damages and non-economic (or “general”) damages. This means an injury victim is typically entitled to be compensated for:
- Medical bills – both those already incurred and those reasonably anticipated in the future so long as they are related to the personal injury; this can also include related expenses such as rehabilitation services and in-home specialized nursing care
- Lost wages – including those that have already been lost due to inability to work and those that will be lost in the future
- Pain and suffering – includes both physical pain and mental suffering or anguish; California caps these non-economic damages at $250,00
A plaintiff’s recovery may be reduced if the plaintiff was also partially at fault. A jury is usually asked to make a determination of fault for each party and this is used to reduce the plaintiff’s recovery by his or her percentage of assigned fault. Insurance adjusters and defense lawyers may imply that you will not be allowed to recover compensation if you were partially at fault, but this is not true.
How to file a car accident lawsuit in California
California has a two-year statute of limitations for filing a personal injury lawsuit. If you were injured in an accident and believe someone else was at fault, it is important to not delay filing an action because the claim can be completely barred after the two-year period.
Personal injury claims are often paid by the at-fault driver’s insurance company but the insurance company is usually not a party to the case. Instead, the lawsuit is started by filing a complaint against the at-fault driver.
The causes and prognosis of complex injuries like nerve damage and paralysis are topics outside the knowledge of the average person. Therefore to prove the case, a plaintiff will need to work with expert witnesses like a doctor and possibly a bio-mechanical expert skilled in recreating and analyzing accidents. This may seem overwhelming, but a seasoned car accident lawyer will handle coordination with these expert witnesses.
How a car accident lawyer can help
After a serious accident, the last thing anyone looks forward to is an injury claim or lawsuit. At the Salamati Law Firm, we are prepared to take the lead; you can rest assured that your claim will be fought aggressively in the pursuit of full and fair compensation.
Additional “Paralysis and Nerve Damage from Car Accidents” Resources:
- WebMD, Nerve Pain and Nerve Damage, http://www.webmd.com/brain/nerve-pain-and-nerve-damage-symptoms-and-causes#1
- Mayo Clinic, Spinal Cord Injury Basics, http://www.mayoclinic.org/diseases-conditions/spinal-cord-injury/basics/definition/con-20023837