A spinal cord injury is a terrifying diagnosis, with lifelong adverse consequences on all aspects of living. When the spinal cord injury could have been prevented if only another party had taken reasonable care, it’s even more devastating. While certainly, no legal process can change a spinal cord injury diagnosis, a Georgia injury lawyer helps an injury victim recover the maximum compensation available to them, so they can live their best possible life.
Contact a Georgia spinal cord injury lawyer at Marc Brown Law Firm for assertive legal representation on your side throughout the process.
Why Choose Us as Your Spinal Cord Injury Law Firm In Georgia?
- As a former defense attorney for insurance companies, lead attorney Marc Brown has invaluable insight into what makes a compelling claim
- A commitment to open communication, honesty, and availability—we will come to you if your injuries prevent you from coming to us
- Personalized representation by an attorney who creates a legal strategy based on the unique circumstances of your case
- Maximizing the amount you recover in a settlement or court award is our highest priority
Marc Brown Law Firm uses a contingency-based payment system. After your free consultation, we work for you at no upfront fee. Instead, we only get paid after we recover your settlement. If you don’t get paid, we don’t either.
Common Causes of Spinal Cord Injuries In Georgia
The spinal column is a bony protective structure encircling the critical nerve bundles of the spinal cord. Despite the protective vertebrae, a strong blow, sharply shattered vertebrae, or a penetrating wound can damage or destroy the nerves responsible for sending messages back and forth between the body and the brain. The most common causes of spinal cord injuries in Georgia or elsewhere include the following:
- Car accidents
- Slip and falls
- Premises liability
- Motorcycle accidents
- Pedestrian accidents
- Bicycle, e-bike, and e-scooter accidents
- Workplace injuries
- Contact sports injuries
- Recreational activity accidents, such as skiing, snowboarding, skating, diving, or horseback riding injuries
- Acts of violence
The severity of a spinal cord injury depends on the level of the injury in the spinal cord. Injury to the lower spinal cord typically causes paralysis in the lower body and legs (paraplegia), while injury to the cervical spine in the neck causes paralysis from the neck down (quadriplegia or tetraplegia).
Symptoms and Complications of Spinal Cord Injuries
Spinal cord injuries are life-altering. Not only does the injury limit or end mobility, or require complete reliance on assistive equipment and full-time care, but it also comes with an array of other health impacts that require ongoing care and monitoring, such as frequent respiratory and urinary tract infections, pressure sores, fractures, and sometimes life-threatening autonomic dysreflexia requiring emergency medical treatment. These impacts have enormous financial consequences for the injury victim, as well as physical and emotional impacts. These consequences are the damages in a spinal cord injury claim against the party at fault, whether it’s a reckless driver, a negligent property owner, or another responsible party.
According to the Christopher and Dana Reeve Foundation, caring for a spinal cord injury with paralysis costs an average of $518,904 to $1,064,716 in the first year alone, depending on the level of the injury, and then an average of $68,739 to $184,891 per year. These average costs do not include income loss.
How Pure Comparative Negligence Affects a Georgia Spinal Cord Injury Claim
It takes compelling evidence to prove the at-fault party’s liability in a Georgia spinal cord injury case. Under Georgia O.C.G.A. § 51-12-33, the rule of comparative fault, the law states the following:
“Where an action is brought against one or more persons for an injury to another person … and the plaintiff (injury victim) is to some degree responsible for the injury or damages claimed, the trier of fact, in determination of the total amount awarded, if any, shall determine the percentage of fault of the plaintiff, and the judge shall reduce the amount of damages otherwise awarded to the plaintiff in proportion to his or her percentage of fault.”
In other words, a claimant may recover the full available compensation for their damages from the at-fault party’s insurance if the other party was completely at fault, or a portion of their damages if they were partly responsible, as long as they were less than 50% at fault.
Recovering the full value of your Georgia spinal cord injury claim requires strong evidence proving the at-fault party’s full liability or minimizing your percentage of fault, depending on the circumstances of the injury.
Proving Liability for Spinal Cord Injury Damages In Georgia
The burden of evidence is on the injury victim in Georgia personal injury claims, including for spinal cord injury victims. A successful claim requires clear, concise evidence of the responsible party’s fault. An experienced attorney investigates all aspects of the accident and pursues compensation from any party that caused or contributed to your spinal cord injury. The evidence must demonstrate the following legal standard of liability:
- The at-fault party owed a legal duty of care to the injury victim, such as a driver’s duty to avoid distractions
- They breached this duty of care through careless, reckless, or wrongful actions (legal negligence)
- The breach of duty directly caused the spinal cord injury
- The injury victim suffered significant economic and non-economic damages from the injury
At Marc Brown Law Firm, we consult with medical experts, occupational therapists, and other relevant specialists to determine the full extent of your past, present, and future damages.
Damages Available In a Spinal Cord Injury Claim In Georgia
If someone else caused your injury, you don’t have to take on the financial responsibilities alone. Instead, a personal injury claim demands financial accountability. In spinal cord injury cases, common damages recovered include the following:
- Reimbursement for medical expenses and physical therapy costs
- Future medical expenses and physical/occupational therapy costs
- Mobility equipment costs
- Adaptive equipment costs for the home and car
- Home health services costs
- Lost earnings
- Future income loss or diminished earning ability due to disability
- Compensation for pain, suffering, and emotional distress
- Catastrophic injury compensation for loss of enjoyment of life, loss of consortium, or diminished quality of life
We will seek the full policy limits for your extensive damages and pursue any other available avenue to maximize your compensation.
Contact Marc Brown Law Firm Today
Call Marc Brown Law Firm to speak to a Georgia spinal cord injury lawyer who is ready to evaluate your case and begin a powerful strategy for your financial recovery, allowing you to focus on reaching your maximum physical recovery and emotional healing.