Personal Injury Law

Neck, Back, Whiplash & Spinal Cord Injuries

Personal Injury Law

Whiplash Spinal Cord Injury Lawyer

An injury to your spinal cord can be life-changing. Such injuries often happen from an automobile accident or a sports injury. If serious, you will be living with the health consequences of the injury for the rest of your life, requiring lifelong care. The spinal cord plays a very important function in controlling bodily movements by connecting the nerves from different parts of your body to the brain. So, depending on where the spinal cord is injured, you will be suffering from minor difficulty in breathing to permanent paralysis from your neck down. If these injuries were caused by the negligence of someone, under Canadian law you have the right to sue them for damages and medical expenses. Our Whiplash Spinal Cord Injury lawyer will help you secure the compensation you deserve in such cases.

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What is a spinal cord injury?

A spinal cord injury refers to any damage to the spinal cord, which often causes a lack of sensation in that area of injury around the spinal column. However, because of the role the spinal cord plays in the body’s nervous system, the damage will not be restricted to that area alone. For example, depending on the location of the injury on the spinal cord, the victim will be suffering from partial paralysis of the body affecting only the limbs or the lower portion of the body, loss of control of bowel movements and bladder control, breathing difficulties, or complete paralysis.

What are the different types of spinal cord injuries?

Some of the commonly seen spinal cord injuries are:

Vertebral fractures:

A fracture to the vertebral column is generally caused by trauma from an accident or fall. But if you are suffering from Osteoporosis, a mild movement such as coughing or sneezing might be enough to cause a fracture to the already brittle spinal column. Doctors typically perform spinal surgery to reverse at least some of the damage caused by the injury. However, in most cases, the patient will continue to suffer from a lifetime of pain requiring medication and physical therapy.

Whiplash spinal cord injury:

As the name suggests, this is caused by the sudden forward and backward motion of the head, resulting in a spinal injury in the neck or upper spinal column. This normally occurs in car accidents where there is overspeeding followed by a sudden or unexpected stop or collision. The victim will experience severe pain restricting his motion and stiffness. In such cases, the victim requires immediate medical attention and a course of prescribed treatment until these symptoms are brought under control.

Spinal cord compression:

This refers to an injury to the spinal cord caused by prolonged pressure on the spinal column. Again, automobile accidents are the typical cause of such injuries. In minor cases, you might experience symptoms like difficulty walking, numbness of limbs, back pain, or weakness of muscles. A severe case of spinal cord compression might lead to permanent loss of sensation and paralysis. Depending on the severity of the injury, some of these symptoms might be reversed if the

What are the typical causes of spinal cord injuries?

Vehicle accidents

One of the most common causes of spinal cord injuries is vehicle accidents. A sudden crash or application of brakes could result in a whiplash injury to your spine. A serious accident could leave you permanently paralyzed from your neck down. Many such accidents are caused by the failure to wear safety gear such as seat belts or helmets. However, even with the safety gear in place, you might get injured depending on the severity of the accident.

Negligence

Accidents are sometimes caused by the negligent driving or carelessness of the driver or a pedestrian. Medical negligence is yet another cause of spinal cord injuries. These include failure to diagnose spinal cord infections in time, errors committed during the surgery, wrong diagnosis or treatment leading to injury, prescribing the wrong medication, and errors in anesthesiology during the surgery.

Defective products

A defective product with design flaws, toxic ingredients, or manufacturing defects may cause health complications leading to a spinal cord injury. A defective medical implant like a hip replacement may cause metal poisoning and injury to the spinal cord. An airbag failure might cause permanent paralysis or a whiplash injury. A defective safety gear, such as a faulty helmet, might cause a neck injury leading to permanent damage to the spinal cord. Unsafe design or unclear instructions sometimes result in injuries to the users of power tools. Wrong ingredients or improper dosage of medications is yet another example.

How can our Whiplash Spinal Cord Injury Lawyer help you with your claim?

At Nanda and Associates, our Personal Injury lawyers have experience in successfully handling many such spinal cord injury cases and winning appropriate compensation for the plaintiffs. Our Legal team will help you with the following:

Fighting for your rights

An injury to your spinal cord often means that you have a long and painful road to recovery ahead. With an experienced Personal Lawyer by your side, you will receive reimbursement for most of your injury-related expenses in the event of a successful litigation against the defendant or the insurance provider.

Compensation package

If you can prove the liability of the defendant in causing your spinal cord injury, you are entitled to receive compensation for your medical expenses, loss of income, pain and suffering, loss of quality of life, rehabilitation costs, and any other payments you had to make resulting from your injuries. The medical expenses here should cover all your future healthcare expenses as well as the cost of any specialized medical equipment like a wheelchair.

Letting you focus on your recovery

With an experienced Personal Injury lawyer handling your case, you can fully focus on your recovery from your spinal cord injuries. Our legal team will work on gathering the evidence, collecting the witness statements, and contacting medical experts for their testimonies regarding your condition and how it will affect your future ability to earn a living.

Frequently Asked Questions:

Can I sue for a whiplash injury in Canada?

This depends entirely on the circumstances of your case and the cause of your injuries. In order for you to have a valid personal injury claim, you must be able to show that the negligence of another person caused your injuries. For example, if you suffered a whiplash injury because of the ice on the poorly maintained road, you have a valid personal injury claim against the company responsible for the winter maintenance. At Nanda and Associate Lawyers, our Personal Injury lawyers can help you assess the validity of your claim and fight on your behalf to ensure that you receive the maximum compensation as damages.

Can medical negligence lead to a spinal cord injury?

Medical negligence is one of the common causes of spinal cord injuries in Canada. Failure to diagnose any infection in the spinal cord area, misdiagnosis, prescribing the wrong medication or dosage, and surgical errors are examples. In some cases, a minor spinal cord problem might become worse because of the wrong treatment. Proving liability in a medical negligence case is not easy, and this involves gathering testimonies from expert medical professionals to support your claim. At Nanda and Associate Lawyers, our experienced personal injury lawyers can assist you in obtaining justice for your pain and suffering.

Do I need a personal injury lawyer for my spinal cord injury claim?

Yes, it is important that you seek the assistance of an experienced personal injury lawyer while seeking damages for your spinal cord injury. A typical spinal cord injury will require lifelong care and expensive treatment. A capable lawyer will make sure that your compensation package covers such long-term medical expenses. Also, a spinal cord injury claim can get complicated, requiring testimonies from medical experts and accident reconstruction experts in case of accidents. In such cases, you can rely on Nanda and Associate Lawyers for guidance and legal counsel.

What is the concept of contributory negligence in a personal injury claim?

Establishing the cause in a personal injury claim is not always simple. In some cases, the victim himself might be partially responsible for the accident. For example, the reckless driver of the other vehicle might be held liable for causing your spinal cord injury in an accident. However, the court might also find that you at least partially contributed to the accident by not wearing the seatbelt or ignoring a traffic signal. The court will reduce your final compensation accordingly. If the court finds that you contributed at least 25% to the cause of the accident, then the defendant will be ordered to pay only 75% of the compensation amount.

What are the types of compensation I can claim in a spinal cord injury?

While this might vary from case to case, typically, you will be entitled to apply for the following types of compensation in a spinal cord injury case.

Compensation for medical care, including for future medical expenses, attendant care, and rehabilitation costs.
Loss of income.
Loss of future earning capacity.
Compensation for pain and suffering.
Housekeeping and home maintenance costs.
Special damages to cover any other additional costs you incurred because of the injury.

What are the common causes of spinal cord injuries?

Some of the commonly reported causes of spinal cord injuries are:

Automobile accidents: In Canada, the majority of spinal cord injuries occur in motor vehicle accidents.
Recreational injuries: Accidents during recreational activities, such as diving or boating, sometimes result in spinal cord injuries.
Injury from a fall: Among the elderly victims, falls are one of the common causes of spinal cord injuries.
Acts of violence: Violent acts such as an assault or a stab wound often result in spinal cord injuries.
Medical conditions: Diseases such as multiple sclerosis or an infection in the spinal cord area sometimes lead to spinal cord injuries.
Medical negligence: Examples include wrong or delayed diagnosis, surgical errors, or prescribing the wrong medication.

How long will it take to get the compensation in a spinal cord injury claim?

Again, this will depend on the particular circumstances of your case. Generally, most personal injury claims are settled during negotiations with the insurance providers or their lawyers in a few months. If negotiations fail, then the matter has to be settled in court. If so, then depending on the complexity of your case, this could take between 1 and 3 years or more. If you are planning to proceed with your personal injury claim, do not hesitate to reach out to our personal injury team today for assistance.

We can Help

Our lawyers will explain you the complete legal process and support you in every possible way. We understand your challenges that you are facing and fight strongly for the compensation that you need to recover.