Prescriptive Period for Filing a Claim

When it comes to personal injury and catastrophic injury cases, Alabama has one of the strictest statutes of limitations in the country. Victims of paralysis injuries only have two years from the date of their accident to file a lawsuit for damages.

If they fail to file their lawsuit within two years’s time, an injury victim may not be able to sue at any future juncture. A paralysis injury lawyer in Marksville could assist victims of catastrophic injuries with filing their lawsuits on time.

person in hospital bed with IV attached

Types of Paralysis Injuries

Most paralysis injuries occur when the accident victim strikes their head, back, or neck on the ground or some on some other object. These injuries can also happen when the accident victim’s spinal cord flexes beyond its normal range of motion during the course of an accident.

Paralysis injuries can take on a variety of different forms and may involve one or several parts of the accident victim’s body. The following are the most common ways in which paralysis manifests:

  • Monoplegia – Paralysis of one limb on the accident victim’s body
  • Hemiplegia – Paralysis of the arm and leg on one side of the accident victim’s body
  • Paraplegia – Paralysis of both legs on the accident victim’s body
  • Tetraplegia – Paralysis of both arms and legs on the accident victim’s body

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Proving Fault and Damages in a Paralysis Injury Case

Accident victims can recover compensation if their accident resulted from someone else’s negligence. In other words, the at-fault party must have acted unreasonably within the circumstances that led up to the accident. For example, a negligent boat operator might have been under the influence of alcohol, or a negligent truck drive r may have been engaging in distracted driving, leading to a serious accident which resulted in a paralysis injury.

Assuming the accident victim can demonstrate that someone else was negligent, they may be eligible to recover compensation for medical costs, loss of income, pain, loss of use, loss of enjoyment of life, and loss of consortium. They could also receive money for the anticipated costs of future medical procedures, as well as future long-term care costs. A Marksville paralysis injury attorney can review eligibility for damages and assist accident victims with moving their cases forward.

Avoyelles Parish Paralysis Injury Lawyer

When Paralysis Injuries Arise from Negligence

The legal concept of negligence is the basis of most personal injury claims. When using negligence to determine liability, an Avoyelles Parish paralysis injury attorney needs to prove the following to a jury:

Duty and Breach of Duty

A breach of a duty of care could include a driver failing to obey a traffic light, a property owner not clearing ice from their walkway, or a doctor not providing medical care that is consistent with industry standards. Breaching a duty of care is serious and poses ethical problems. However, a breach of duty does not solely give grounds for a lawsuit.

Injuries and Damages

An attorney must also establish that the breach of duty in question was the cause of quantifiable damages to the victim. If that breach of duty caused injury to the plaintiff, leading to their damages, the victim may have grounds for a lawsuit. A seasoned paralysis injury lawyer in Avoyelles Parish could provide more information on what might give rise to a negligence-based lawsuit.

Several Liability for Multiple Liable Parties in Avoyelles Parish

Serious accidents often implicate more than one liable person or party. In such cases, the plaintiff’s paralysis injury attorney in Avoyelles Parish could name each liable party as a defendant in the same lawsuit. Potential defendants could be drivers, employers, hospitals, doctors, or property owners.

Under Louisiana Civil Code §2324, when the lawsuit goes before a judge or jury, the degree of liability for each defendant will be determined. It is possible that one defendant may have zero liability, and another could be assigned 100 percent of the blame for causing the accident. The trier of fact must determine how much compensation the plaintiff is entitled to, and each defendant will be liable for paying their proportionate share of damages.

Call a Marksville Paralysis Injury Attorney Today

Paralysis injuries can result in a lifetime of pain, suffering, and inconvenience. If you or a member of your family suffered a paralysis injury in a recent accident, you might be able to assert a claim or file a lawsuit for damages. Call a Marksville paralysis injury lawyer as soon as possible to discuss your case and develop a strategy for pursuing financial recovery.

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