A spinal cord injury is one of the most catastrophic injuries an accident victim can suffer. When the spinal cord’s vertebrae or nerves suffer damage, the victim can experience lifelong disabilities. A serious spinal cord injury could cost millions in medical expenses and care over a victim’s lifetime. If you or a family member suffered a spinal injury in a recent accident, contact our San Antonio spinal cord injury attorneys. You may be eligible for compensation from the at-fault party for your related medical bills, lost wages, lost quality of life, and more.
Why Choose the Law Offices of Maloney & Campolo?
- Our focus is on helping you. We put our clients first. Our attorneys maintain a direct line of communication. We will pick up the phone 24/7 to answer your questions.
- Our firm has a track record of proven success. In our 20-plus years in practice, we have secured more than $150 million in settlements and verdicts for injured victims.
- Our firm wants to ensure everyone has an opportunity to receive the maximum possible compensation. We represent clients on a contingency fee arrangement – no fees unless we win.
Why You Need a San Antonio Spinal Cord Injury Lawyer
During a spinal cord injury lawsuit in Texas, insurance companies may try to take advantage of you. They may use your inexperience and vulnerabilities against you in an effort to pay you as little as possible. The best way to resist this is with a San Antonio spinal cord injury lawyer’s representation. A personal injury lawyer can take over communications and negotiations with insurance providers on your behalf. This will ensure you do not settle for less than an accurate case value. You can have peace of mind during treatments and rehabilitation while your lawyer handles the legal process.
How to Prove Negligence Caused Your Injury
You may have grounds to file a personal injury claim in San Antonio for a spinal cord injury if one or more parties contributed to the injury through negligence. Negligence is the failure to use the level of care that a reasonable person would in the same or similar circumstances. If a motor vehicle driver negligently decided to text and drive, for example, he or she could be held liable, or financially responsible, for a related crash.
During a back injury claim, you bear the burden of proof as the injured victim or plaintiff. This means your side of the case must establish that the accused party (defendant) was negligent and caused your injury. The standard of proof is “a preponderance of the evidence,” also referred to as the “more likely than not” standard.
Proving negligence requires clear and convincing evidence of four elements: duty, breach, causation and damages. Evidence must show that the defendant had a legal obligation to act in a reasonable manner toward you (duty of care) but failed to fulfill this obligation due to a negligent act or omission. This breach of duty must have caused your spine injury and related damages or losses.
Types of Compensation Available for Back Injury Victims
At The Law Offices of Maloney & Campolo, LLP, we understand that no amount of financial compensation can repay you for the losses you have suffered due to a serious back injury. However, we hope that achieving a fair settlement or jury verdict can make it easier for you to get the medical care that you need, both now and in the future.
We will seek maximum compensation for all of your losses, which may include:
- Past and future medical bills
- Permanent disability
- Lost wages
- Lost capacity to earn in the future
- Property damage
- Pain and suffering
- Emotional distress
If you have suffered a serious or catastrophic spine injury, you need a lawyer who can achieve life-changing results on your behalf. Our spinal cord injury attorneys have years of experience negotiating with insurance companies and representing clients during personal injury trials in Texas. As your attorneys, we will do what it takes to protect your best interests every step of the way.
Time Limit to File a San Antonio Spinal Cord Injury Claim
If you wish to file a spinal cord injury claim in San Antonio, you only have a limited amount of time to do so under Texas’s statute of limitations. This law limits your ability to bring a legal cause of action to a specific time period.
Tex. Civ. Prac. & Rem. Code § 16.003 states:
TWO-YEAR LIMITATIONS PERIOD. (a) Except as provided by Sections 16.010, 16.0031, and 16.0045, a person must bring suit for trespass for injury to the estate or to the property of another, conversion of personal property, taking or detaining the personal property of another, personal injury, forcible entry and detainer, and forcible detainer not later than two years after the day the cause of action accrues.
Under this law, a claimant generally has a maximum of two years to file a personal injury claim. However, certain conditions can extend or shorten this deadline. It is important to contact an attorney as soon as possible to protect your legal rights.
Types of Spinal Cord Injuries
Spinal injuries are not the same as neck or back injuries. Neck and back injuries often refer to soft tissue damage, such as whiplash or a slipped disc. While these injuries can be extremely painful and debilitating, they are not the same as damage to the spinal cord. Spinal injuries impact the spinal cord. Most spinal injuries cause permanent loss of movement and sensation below the point of injury.
- Paraplegia. Injuries to the lower spine may cause paraplegia, or paralysis in the lower half of the body.
- Quadriplegia. Injuries to the upper portions of the spinal cord can cause quadriplegia, or paralysis to all four limbs and the trunk of the body.
- Triplegia. Certain incomplete spinal cord injuries can cause paralysis in one arm and both legs, or triplegia.
Every patient is unique in terms of the degree of disability from a spinal cord injury. Some patients may regain feeling or function with treatments and therapies, although no known cure for spinal injuries exists. Typically, the higher up the injury on the spinal cord, the more severe the effects on the body. Many spinal injury victims require lifelong care and rely on medical devices to move, eat, breathe, or survive.
Causes of Spinal Cord Injuries
Human error causes most serious spinal injuries. The most common accidents that lead to spinal cord injuries are car accidents, sports/diving accidents, slip and falls, surgical errors, acts of violence, and bicycle crashes. Any impact that injures or severs the spinal cord could cause permanent damage. If you believe a driver, doctor, employer, criminal, product manufacturer, property owner, or another party contributed to your spine injury, you have rights. You may be able to pursue financial compensation through a civil liability claim in San Antonio.
Discuss Your Case for Free
The Law Offices of Maloney & Campolo, LLP understand personal injury law. We have experience handling complex spinal injury claims involving permanent disabilities and wrongful death. No matter what circumstances caused you or a loved one’s spinal injury, contact us for a free, no-obligation consultation. Our San Antonio spinal cord injury lawyers want to help you fight for the compensation your serious injuries demand.