While paralysis can be the result of certain conditions, such as Lou Gehrig’s disease or multiple sclerosis, people can become paralyzed due to accidents. The most common causes of paralysis injuries in Western PA involve a traumatic event that severely damages the spinal cord.
If you were paralyzed in an accident caused by another person’s negligent conduct, you may be eligible for financial compensation. Our skilled Indiana paralysis attorneys could investigate the cause of your injuries to determine who could be liable for your damages.
Understanding the specific cause of a paralysis injury could help a local attorney hold the correct party liable for a claimant’s harm.
It is the burden of the plaintiff to prove another party is responsible for his or her injuries under the theory of legal negligence. Under this theory, a plaintiff must show that the defendant failed to act as a reasonable person would under the circumstances. Depending on the cause of the paralyzing accident, different parties could be held liable for the accident.
For instance, if a person in Western PA is paralyzed in a car accident, an attorney may look at the road and weather conditions, driver’s conduct behind the wheel, and maintenance of the vehicle to determine an exact cause of the accident. The cause could determine whether the local government, motorist, or maintenance worker is responsible for the plaintiff’s paralysis and related damages.
It is possible that the paralyzed claimant’s actions contributed to the accident that caused his or her injuries. If liability is placed on the injured party, that could eliminate or reduce the amount of his or her recovery.
In Pennsylvania, as long as the plaintiff is not more at fault than the defendant, the plaintiff can still make a recovery. However, his or her total damage award will be reduced by his or her percentage of fault. If the plaintiff is determined to be 51 percent or more at fault for his or her paralyzing accident, then he or she cannot recover compensation.
Fortunately, paralysis injuries are not as common as less serious injuries, but they can still arise in the workplace. Industrial and construction workers are more likely to suffer catastrophic injuries on the job, sometimes resulting in paralysis.
As these employees often work with heavy machinery or from high locations, they are at risk of serious falls, crushing injuries, and being struck by falling objects. Industrial and construction workers could also suffer paralyzing injuries if they are struck by a large construction truck or a commuter speeding through a construction zone. People who become paralyzed while on the job could seek financial recourse through their company’s workers’ compensation program, which covers medical bills and a portion of the lost wages. The victim may also be able to make a claim for pain and suffering against the at-fault party, to the extent it is someone other than an employer or coworker.
Becoming paralyzed in an accident caused by another person’s negligence is devastating and can have a lasting impact on your physical and mental well-being. Our lawyers at Marcus & Mack are familiar with the common causes of paralysis injuries in Western PA and how they could impact your potential claim. Call us today to schedule a free consultation and discuss how we could help you.