Spinal cord injuries are often one of the more devastating injuries a person could suffer. The potential for sustaining nerve-damage and other damages which would restrict your mobility could be potentially high depending on the severity of your injury. When these injuries are suffered through no fault of your own, legal action should be taken.
By hiring a skilled catastrophic injury attorney, you may be able to present a convincing case for compensation. To learn more about your eligibility for financial recovery, reach out to a Wakefield spinal cord injury lawyer today.
Pursuing a Negligence Claim
In order to bring a successful negligence claim, a spinal cord injury lawyer in Wakefield should be able to show the following four elements:
A defendant must have owed the plaintiff a duty or standard of care at the time of the injury. Generally, when people are engaging in an activity that could foreseeably cause harm to someone, such as driving, they owe others a duty to act as a reasonably prudent person under the circumstances. A defendant is said to be in “breach” when they fail to meet the standard of care owed to the plaintiff.
The defendant’s breach must have caused the plaintiffs injuries. For example, if the defendant was shooting off dangerous fireworks near the plaintiff, but the plaintiff was injured two hours later during a skateboarding accident, the defendant would not be held liable for the plaintiff’s injuries. Lastly, the harm suffered by the plaintiff must be compensable by damages in court.
Potential Limits on Spinal Cord Injury Damages in Wakefield
Issues of comparative fault could pose a significant barrier to recovering damages for spinal cord injury plaintiffs in Wakefield that contributed to the cause of their injuries. Comparative fault allows courts to determine whether a plaintiff may seek recovery if they are found partially responsible for the cause of the injuries.
Massachusetts follows the 51 percent bar rule regarding comparative fault. Codified under Massachusetts General Laws Chapter 231, §85, plaintiffs found less than 50 percent may receive damages that are reduced by their percentage of fault. A plaintiff that is 30 percent at fault may receive 70 percent of their overall damages. However, plaintiffs found 51 percent or more at fault are barred from seeking recovery.
The statute of limitations is also a barrier that could keep spinal cord injury plaintiffs from seeking legal recovery. A statute of limitations is set by the state and allows plaintiffs to file their lawsuit within a certain amount of time. Massachusetts General Laws Chapter 260, §2A sets a three years statute of limitations for personal injury plaintiffs. Failure to meet the three-year filing deadline would result in losing the right to pursue litigation. Fortunately, a dedicated lawyer could help an injured individual file a claim promptly.
Consult a Wakefield Spinal Cord Injury Attorney Today
Dealing with paralysis and the other effects of spinal cord injuries is challenging enough. Dedicating your time to pursuing just compensation for your injuries instead of healing from your injuries may be too much to bear with.
However, you could pursue your claim with less stress and more confidence with a Wakefield spinal cord injury lawyer at your side. An attorney could handle the logistics of your case and help you develop a strategy for success. Begin your journey to recovery by scheduling a consultation today.