Paralysis involves an individual losing the ability to experience sensation or control over parts of his or her body. These catastrophic injuries can occur with little notice as the result of someone else’s poor choices or reckless decisions. For those impacted by paralysis, even routine aspects of daily life may be significantly more challenging.
A DuBois paralysis injury lawyer could seek financial damages for individuals who have been paralyzed. These damages may be available through a civil lawsuit if another person is primarily responsible for causing paralyzing injuries. A skilled catastrophic injury attorney could help you and your family obtain a just outcome in your case.
Elements of a Successful Paralysis Injury Claim
A plaintiff whose paralyzing injuries came in an accident caused by another person’s negligent actions may be entitled to compensation if he or she can prove the other party engaged in tortious conduct that led to the plaintiff’s harm. The claimant has the burden of proving that it is more likely than not that the defendant acted negligently, and caused injuries and damages as a result.
Tortious conduct includes behaviors or decisions that are careless, or actions that no reasonable, careful person would undertake. Tortious conduct may also include reckless and intentional choices and actions. This type of behavior breaches or violates the legal duty that all individuals owe to others: to exercise reasonable care and have consideration for the safety of others.
If the incident would not have happened without the defendant’s negligent conduct, then the final inquiry to be made is whether the accident causes the plaintiff’s injuries. A successful DuBois injury attorney could gather evidence proving the at-fault party directly caused a plaintiff to become paralyzed. However, if it is found that a plaintiff caused his or her own injuries, then his or her recovery may be reduced by the portion of the victim’s own fault.
Settling a Lawsuit Versus Taking a Case to Trial
There are inherent risks in taking a paralysis case to trial in DuBois. A judge or jury may not find the plaintiff’s evidence convincing and may choose to award him or her no compensation at all. The defendant also runs a risk of going to trial, for if the judge or jury finds the plaintiff’s case compelling, the defendant may be responsible for paying a considerable amount of damages. Due to these uncertainties, as well as the time and expenses of litigation, some plaintiffs and defendants may attempt to settle their claims out of court.
When the parties reach a settlement agreement, the plaintiff agrees to cease any further pursuit of the lawsuit. In exchange, the defendant agrees to pay a certain agreed-upon amount of damages to the plaintiff. While settlement agreements do eliminate the uncertainty of a trial, there is a risk that the defendant’s offer may not adequately provide for all of the plaintiff’s needs. Because a case can only be settled one time, it is important to account for all aspects of the claimant’s injuries and damages.
Attorneys in DuBois with experience in paralysis injury cases may help plaintiffs evaluate a settlement offer and determine a course of action that is most appropriate, given the claimant’s needs and goals.
Contact a DuBois Paralysis Injury Attorney Promptly
Speak with a Dubois paralysis injury lawyer right away if you or a loved one now lives with paralysis due to an accident. With the help of a well-practiced attorney, you may be able to receive financial compensation for these injuries from the at-fault party. Schedule a free consultation with a Marcus & Mack lawyer to discuss your case.