Can I Sue for a Spine Injury After an Accident?

Suffering a spinal injury can be life-altering, leading to significant physical, emotional, and financial challenges. If your injury resulted from another party’s negligence, you might be entitled to pursue legal action to recover damages.

Understanding Spinal Injuries

Spinal injuries involve damage to the spinal cord or nerves at the end of the spinal canal. These injuries can result in permanent changes in strength, sensation, and other body functions below the site of the injury. Common causes include motor vehicle accidents, falls, acts of violence, and sports injuries.

Legal Grounds for Filing a Lawsuit

In Arizona, you can file a personal injury lawsuit if your spinal injury was caused by another’s negligence. This involves proving that the responsible party owed you a duty of care, breached that duty, and directly caused your injury. For instance, if a driver runs a red light and collides with your vehicle, causing your spinal injury, that driver may be held liable.

Compensation You May Be Entitled To

Victims of spinal injuries can seek compensation for:

• Medical expenses, including ongoing rehabilitation
• Lost wages and loss of earning capacity
• Pain and suffering
• Home and vehicle modifications
• Loss of enjoyment of life

Given the complexity and severity of spinal injuries, settlements can be substantial to cover both immediate and long-term needs.

Recent Case Example

While specific recent cases in Phoenix are not readily available, nationally, there have been significant settlements. For example, in 2014, Medtronic settled approximately 950 claims related to its Infuse Bone Graft product, which allegedly led to spinal injuries, for about $22 million. This highlights the potential for substantial compensation in spinal injury cases.

Arizona Law Considerations

Arizona follows a comparative negligence rule, meaning that if you are partially at fault for the accident, your compensation may be reduced by your percentage of fault. Additionally, Arizona has a statute of limitations for personal injury claims, typically two years from the date of the injury. It’s crucial to act promptly to preserve your legal rights.

Why Legal Representation is Essential

Spinal injury cases are complex and require thorough understanding of both medical and legal aspects. An experienced personal injury attorney can help gather evidence, negotiate with insurance companies, and advocate for your best interests in court if necessary.

If you or a loved one has suffered a spinal injury due to someone else’s negligence, it’s important to seek legal counsel to understand your rights and options. Contact Hirsch Talcott at 602-903-6000 for a free consultation to discuss your case and potential avenues for compensation.

Where to get help

If this situation applies to you, Hirsch Talcott offers a free consultation — speak with a Phoenix personal injury lawyer to understand your options.