Spinal Cord Injuries
If you have been diagnosed with a spinal cord injury resulting from a traumatic accident, it is important that you speak with an attorney about your legal rights. A traumatic spinal cord injury can have life-changing consequences, and you could be entitled to significant financial compensation. What is your case worth? Find out. Schedule a free consultation at DeFrancisco & Falgiatano, LLP today.
Our spinal cords are fragile, and it does not take much to cause a serious injury. Medical malpractice, construction accidents, falls, automobile collisions, and accidents on the job can all cause life-changing spinal cord damage in the blink of an eye. While some individuals who suffer "incomplete" spinal cord injuries will eventually be able to fully recover, those who require surgery or experience paralysis will often face a lifetime of pain and debilitating complications.
As someone who has been diagnosed with a traumatic spinal cord injury, it is critical to understand all of the ways that your injury has impacted – and will impact – your life. If another person, a company, or a defective product is to blame for your injury, you could be entitled to financial compensation. However, keep in mind that you will need to be able to quantify the full extent of your losses in order to maximize your financial recovery. How much has your spinal cord injury cost you already? How much more will it cost you in the future? What non-financial losses are you entitled to recover? These are all crucial questions that you need to answer with the help of an experienced attorney.
At DeFrancisco & Falgiatano, LLP, we have been dedicated to serving personal injury victims for more than 30 years. We have recovered millions of dollars in compensation for individuals diagnosed with traumatic spinal cord injuries, and have won more than $100 million for our clients’ accident-related losses. We know what your case means to you, and we have the skill and commitment to do what it takes to win. Whether or not you will ever be able to fully physically recover from your spinal cord injury, we can help you win the compensation you deserve.
"My husband and I consulted with Jeff DeFrancisco in regards to a personal injury case. . . . Mr. DeFrancisco kept me informed . . . throughout the litigation process. Because the insurance company refused to pay fair compensation, the matter went to trial. We were very impressed with how Jeff DeFrancisco represented us at trial and we were extremely happy when the jury found in our favor. There is no question that Jeff DeFrancisco does a great job in representing his clients and we would highly recommend him." - D.M., Auburn, New York
"I cannot thank you enough for the hours and days you spent getting my case ready to present to the jury. I am very pleased and proud of the way you presented the final summation. I know the jurors heard your confidence in presenting and showing the facts and truth . . . to them. I will always be so grateful and honored to have met you and have been represented by you. Thank you for all you have done." – M.S., Ithaca, New YorkSpinal Cord Injury Cases We Handle
As a personal injury law firm, we routinely represent clients who have suffered serious and life-changing injuries in a wide range of accidents. If you have been diagnosed with a spinal cord injury as a result of any of the following, we encourage you to contact us promptly for a free, no-obligation consultation:
Motor vehicle accidents – Car, truck, and motorcycle accidents are among the leading causes of all traumatic injuries, including injuries to the spinal cord. This includes collisions involving multiple vehicles as well as pedestrian, bicycle, and public transportation accidents.
Recreational accidents – Adults and children alike can suffer spinal cord injuries while playing sports. Activities such as football, skiing, snowboarding, diving into swimming pools, or even playing in playgrounds can all result in injury.
Falls from height – Falls down stairs and escalators, from balconies and platforms, off of ladders and scaffolding, and from other heightened locations can all cause traumatic spinal cord injuries.
Construction site accidents – In addition to falls from ladders, scaffolding, and unprotected heights, a variety of other dangerous conditions on construction sites can also lead to spinal cord injuries.
Medical malpractice – Spinal cord injuries can result from surgical errors, delayed diagnoses of spinal diseases and spinal tumors, mistakes during childbirth, and other forms of medical malpractice.
Nursing home and hospital negligence – From slip-and-fall and trip-and-fall risks, to inadequate resident or patient supervision, unsafe conditions in nursing homes and hospitals are also common causes of serious spinal cord injuries.
Other traumatic accidents – We also routinely represent clients who have been injured in other sudden and unexpected accidents involving negligence and defective products.
Q: What do I need to prove in order to recover financial compensation for my spinal cord injury?
As with other types of personal injury cases, broadly speaking, there are two ways to prove a claim for compensation for a traumatic spinal cord injury. The first is negligence. If a person’s or company’s negligence led to your injury, you are entitled to seek full financial compensation for your injury-related losses. Most injury cases involve negligence-based claims (i.e. a car accident caused by a distracted driver or a fall resulting from inadequate safety precautions, medical malpractice during the performance of a surgery...).
The second way to prove a spinal cord injury claim is under the law of "strict liability." Strict liability law applies to product defects. Manufacturers and sellers have a legal responsibility to avoid putting dangerous products on the shelves. Therefore, when they sell dangerous or defective products, they can be held liable without proof of negligence.
Q: What types of compensation can I recover for my spinal cord injury?
In order to determine the types of compensation that are available in your case, we will need to meet with you personally to understand your situation. Generally speaking, however, the types of compensation available for spinal cord injuries under New York law include:
- Past and future medical expenses, prescription costs, and other out-of-pocket expenses
- Costs for modifying your home and vehicle(s) to accommodate your injury
- Loss of income and future earning capacity
- Pain and suffering
- Scarring and disfigurement
- Loss of enjoyment of life
- Loss of society, services, and consortium
While the medical costs of a spinal cord injury can be substantial, frequently it is the non-financial consequences that make up the majority of accident victims’ claims for compensation.
Q: How long do I have to file a personal injury claim in New York?
It depends. In most cases, you have three years from the date of the accident to file a claim for negligence or strict liability involving a defective product. However, in cases of medical malpractice, the statute of limitations is two years and six months from either the date of the malpractice or the end of continuous treatment. Determining how long you have to file your claim is not as easy as it sounds (and there is no reason to wait), so you should discuss your case with an attorney as soon as possible.
Q: Will my case go to trial?
While most personal injury cases settle, occasionally accident victims must go to court to protect their rights. If we receive a settlement offer in your case, we will help you make an informed decision about whether to accept the offer or continue on the path to trial. Ultimately, it is up to you to decide how your case will be resolved.
Q: Are all traumatic spinal cord injuries eligible for compensation?
Yes. When it comes to asserting your legal rights, all traumatic spinal cord injuries are eligible for compensation. They key questions will be: (i) What caused your injury? (ii) What is the extent of your losses? We represent individuals who have been diagnosed with:
- Anterior cord, central cord, and Brown-Sequard syndrome
- Herniated discs
- Other complete and incomplete spinal cord injuries
When you need legal representation, you need to choose a law firm that has the experience, resources, and reputation required to effectively assert your legal rights. This means choosing a law firm that has decades of experience in your area of need, and that has a proven track record of securing favorable results for its clients. At DeFrancisco & Falgiatano, LLP, we offer:
- Over 30 years of experience in personal injury representation
- An exclusive focus on personal injury and wrongful death cases
- A high settlement rate and a history of success at trial
- Free initial consultations and contingency-fee representation (no fee unless we win)
- An unwavering commitment to securing maximum compensation for our clients
Have you been diagnosed with a traumatic spinal cord injury? If so, we encourage you to contact us for a free, no-obligation consultation about your legal rights. To speak with an experienced Upstate New York personal injury lawyer in confidence, please call (315) 479-9000 or get in touch online today. For your convenience we have law offices in Syracuse, Rochester and 5 other areas throughout Upstate, New York.