Boston Paralysis Injury Lawyer
As one of the worst injuries a person can suffer, paralysis not only affects the body, but it can also impact a person’s mind and emotions. Victims who have suffered a spinal cord injury should reach out to a Boston paralysis injury lawyer for assistance. A qualified catastrophic injury attorney could help you seek compensation if your injuries were caused by the negligent or intentional acts of another party.
Call the Law Office of John J. Sheehan at (617) 925-6407 for a free consultation with our Boston paralysis injury lawyers about your claim.
Types of Recoverable Damages in a Boston Paralysis Injury Case
A lawsuit is a formal demand for an allegedly negligent party or entity to financially compensate the filing plaintiff for the damages he or she caused the plaintiff to suffer. A successful lawsuit resolves with a private settlement or a court verdict in favor of the plaintiff. Unlike some states, Massachusetts does not have limits to the amount of compensation a plaintiff can receive, unless the injuries were caused by medical malpractice, a charitable institution or a governmental entity such as a city or town, the state or state agency such as the MBTA.
A Boston paralysis injury attorney could seek compensation on behalf of the plaintiff for a variety of different damages. Economic damages can include:
- Medical costs such as emergency care, hospital admission, and surgery
- Ongoing medical costs such as prescriptions and therapy
- Lost wages
- Modifications to the plaintiff’s home to accommodate his or her new physical needs
Non-economic damages may include:
- Lost quality of life
- Pain and suffering
- Loss of consortium
- Mental anguish
Qualified legal counsel could help victims take stock of their damages to ensure they are all factored into a settlement demand, as well as help them keep track of their economic damages.
Many states allow civil courts to award punitive damages in paralysis injury cases, in addition to any economic or non-economic damages the plaintiff requests. Unfortunately, no matter how negligent or intentional an act was, Massachusetts does not allow for punitive damages in almost any paralysis injury case, excepting those that stem from medical malpractice.
What to Do If More than One Party Caused Your Boston Paralysis Injury
The law recognizes that in some paralysis injury cases, more than one party may be at fault. A paralysis injury lawyer in Boston could work to determine who should be named as a defendant in the lawsuit. If a seasoned Boston paralysis injury attorney finds that multiple parties are liable, they may all be named.
Multiple defendant liability is defined in Massachusetts General Laws §231B to include both joint and several liability. Under several liability, the compensation owed to the plaintiff is divided equally among the tortfeasors. If one party settles with the plaintiff, the settlement amount reduces what the other tortfeasors owe.
How No-Fault Coverage Works for Paralysis Injuries in Boston
Many different types of scenarios could lead to paralysis, ranging from an unpreventable accident to an employer, worker, or third party’s own mistake. These include but are not limited to:
- Motor vehicle accidents
- Forklift accidents
- Slips, trips, and falls
- Falling machinery
Regardless of whether an employer was at fault for a paralysis injury, however, the law in Massachusetts states that at-work injuries could be compensable under the workers’ compensation system. This is called no-fault coverage, which applies to all workers’ comp insurance plans in Boston. An experienced attorney should be familiar with the nuances of the workers’ compensation system in Boston and could help you understand your rights after a paralysis injury.
After a successful claim is filed, workers’ comp benefits will provide compensation to pay for medical treatments. However, the insurance company may disagree as to how much compensation is needed to reimburse the employee for lost future earning potential. Often, the Department of Industrial Accidents would decide the case on appeal.
What Damages Could Be Recovered in a Claim?
Paralysis occurs because of an injury to the section of the nervous system that controls the relevant bodily functions. This typically includes damage to the spinal cord or a portion of the brain. Unfortunately, there is currently no way to reverse the effects of a paralyzing injury.
As a result, any workers’ compensation claim or settlement demand that involves paralysis should demand compensation for not only past loses, but also for anticipated future costs for treatment. Importantly, a workers’ comp claim—unlike a lawsuit—may not seek recovery for non-economic damages, such as emotional trauma or loss of enjoyment of life. A dedicated attorney could work to calculate the damages you may be eligible to recover for after a paralysis injury and demand appropriate compensation through a Boston workers’ compensation claim.
Call an Experienced Boston Paralysis Injury Attorney Today
No amount of money can change what has happened to you. However, with a skilled Boston paralysis injury lawyer on your side, you could recover compensation to pay your medical bills, as well as secure funds for any treatment you may need in the future. When filing a lawsuit, an attorney could additionally consider how much money you may need to live a comfortable lifestyle and how much you deserve for your pain and suffering.
It is important to note that under state law, your right to file a lawsuit is time-barred. To find out if your case has merit and how much your case might be worth, call an experienced Boston personal injury lawyer today at (617) 925-6407.