Clayton Paralysis Injury Lawyer
Paralysis is a life-changing condition where a person’s mobility is severely limited and could affect specific parts of the body or even the entire body. While some forms of paralysis can improve over time, it typically is ongoing, requiring consistent medical care.
Medical care for paralysis is often costly, placing an undue financial burden on a paralysis victim and their family. If you are a victim of an injury that resulted in full or partial paralysis, a Clayton paralysis injury lawyer may be able to assist in seeking compensation to cover the costs of care and pain and suffering. Reach out to an experienced catastrophic injury attorney today.
Liability in a Paralysis Claim
To receive compensation after an accident, a personal injury lawsuit may be necessary. To prove that someone else’s negligence was the cause of the injury, it is essential to establish that:
- The defendant had a duty to act, or refrain from acting, in a certain way
- The defendant breached that duty
- The breach of duty caused the injury
- The defendant was the proximate cause of the injury
- The plaintiff had actual damages
Even if these elements are proven in court, Missouri is one of several states that follows pure comparative negligence. Under this rule, compensation may be reduced based on the amount the plaintiff contributed to their injury.
Proving the elements of negligence in court can be difficult. Additionally, determining any fault contributed by the plaintiff is necessary for determining the amount of compensation available. A paralysis injury lawyer in Clayton could help review the elements present in a case before proceeding in court.
Statute of Limitations in Clayton
Not all injuries present themselves immediately after an accident. However, Missouri places time limits for filing a lawsuit for personal injury. If paralysis was the result of a workplace accident, a claim must be filed in civil court within five years of the accident.
When paralysis results after a medical procedure, the patient must file a claim within two years after the injury occurred. There is also an additional overall deadline of ten years, regardless of when the mistake was discovered, or what type of mistake occurred. This “statute of repose” deadline extends the standard statute of limitations in cases where an injury or paralysis occurred outside the two-year window for filing a lawsuit.
Knowing important deadlines are fundamental for success in a medical malpractice lawsuit. Therefore, consulting a Clayton paralysis injury lawyer sooner rather than later could be the difference between success and failure in seeking compensation for paralysis.
Types of Recoverable Damages
There are two types of damages available if a case is successful: economic and non-economic damages.
Economic damages are the known costs associated with the injury and are generally easy to calculate. These could include:
- Medical bill
- Lost wages
- Future lost wages
- Future medical bills
- Any costs associated with the accident
Non-economic damages are subjective and can vary greatly from case to case. This could include
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of enjoyment of life
These non-economic damages could vary widely based on the severity of the accident. Due to the difficulty in establishing a dollar value for non-economic damages, a consultation with a paralysis injury attorney in Clayton can help establish which facts would be instrumental during a case before the court.
Speak with a Clayton Paralysis Injury Attorney Today
If paralysis occurred after an accident, you might be entitled to compensation under Missouri law. However, to recover damages, you may need to retain the services of an experienced attorney for help with filing an injury claim. A lawyer could sit with you to review your accident and provide you with insight on your next legal steps. Talking with a Clayton paralysis injury lawyer could help you understand your rights and the potential compensation available to you. Call today for a consultation.