Paralysis involves a loss of muscle function after something goes awry in the way that messages are sent from the brain to the muscles and back again. It can be partial or complete and can occur in just one area, or it can be more widespread. There are different types of paralysis, such as paraplegia, involving only the lower half of the body, or paralysis of the arms and legs. Paralysis can result from spinal cord injuries or a broken neck, although it can also be a result of birth injuries. If you suffer paralysis in the Syracuse or Rochester areas because of someone else's actions, the experienced Syracuse paralysis lawyers at DeFrancisco & Falgiatano may be able to help you recover compensation for your losses.Pursuing Compensation for Paralysis
Paralysis can dramatically change your life. In addition to possibly reducing your normal life expectancy, you may have daily difficulties. Any injury that you suffer to the spinal cord must be treated immediately, and often advanced treatment must be provided to prevent even greater risks to normal life expectancy. In some cases, robotic technology is used to improve daily living.
A number of complications can arise due to paralysis. Secondary conditions that may arise from paralysis include deep vein thrombosis, sepsis, autonomic dysreflexia, bowel control issues, bladder control issues, respiratory problems, pain, pressure sores (bedsores), and spasticity problems. Some of these can become life-threatening.
If you suffer paralysis because of someone else's negligent or wrongful conduct, you may be able to recover compensatory damages. In any lawsuit based on negligence, such as a car accident or truck accident case, you will need to show that the defendant owed you a duty, this duty was breached, the breach caused your paralysis, and you incurred actual damages. For example, you might be able to show that a truck driver did not signal properly when making a wide turn, and as a result, you were paralyzed in a squeeze play accident.
In some cases, a paralysis attorney in the Syracuse area will need to establish more than these elements. In a premises liability lawsuit, you need to establish that the defendant knew or should have known about a dangerous condition that caused your paralysis. For example, if you suffered paralysis due to a broken balcony rail that resulted in your falling off the second story of a hotel, you would need to show that the hotel owner had actual or constructive notice of the broken balcony rail. In most cases, it is challenging to show actual notice in a premises liability case, but it may be possible to show that an owner should have known about a dangerous condition because it lasted long enough that a reasonable owner would have found it in the course of inspecting the property.
You can recover all of the compensatory damages that flow from your paralysis. Damages may include emergency care, hospital bills, lifelong medical care, household services, pain and suffering, mental anguish, loss of enjoyment, lost earning capacity, assistive technology, vocational rehabilitation, physical therapy, and any nursing or other daily care that you may reasonably need.
Your damages may be reduced based on your comparative negligence for an accident. For example, if you were speeding, and another driver ran a stop sign, the jury may find that you were each 50% responsible. If the damages are $800,000 in that situation, you would still be able to recover $400,000.Consult an Experienced Syracuse Paralysis Attorney
In New York, you usually have only three years from the date of an injury to bring suit against a defendant. In many cases, the full extent of the damages from paralysis is not immediately known, but it is still important to call an attorney right away, since evidence can vanish after an accident. If you suffer from paralysis as a result of someone else's negligent actions, our law firm may be able to help. Based in the Syracuse area, our paralysis lawyers represent accident victims in Syracuse, Rochester, Binghamton, Auburn, Elmira, Norwich, Cortland, Delhi, Herkimer, Watertown, Lowville, Oneida, Wampsville, Utica, Canandaigua, Oswego, Cooperstown, Ithaca, and Lyons, among other areas of Upstate New York. Call us at 315-479-9000 or contact us via our online form.