How Is Paralysis Evaluated in a Personal Injury Case?

wheelchair in hospital

If you suffered a catastrophic injury resulting in partial or complete paralysis, the medical and hospital costs can be monumental. In addition to these ongoing expenses, paralysis victims may be unable to work, losing wages and earning potential for the rest of their lives. The state of Louisiana allows victims to seek monetary damages for economic and non-economic losses when an accident results in paralysis.

A successful personal injury lawsuit can seek compensation for a variety of damages including diagnostic tests, surgery, hospitalization and treatments, medical equipment such as walkers or wheelchairs, in-home modifications, rehabilitation, physical therapy and in-home nursing aides. A paralysis injury case can also seek money damages for pain and suffering, emotional distress, loss of future earning capacity and loss of enjoyment of life.

If you suffered traumatic injury resulting in paralysis because of someone else’s wrongdoing or negligence, you need a skilled personal injury lawyer who is dedicated to securing a more secure future for you and your loved ones.

Because paralysis has a profound impact on your quality of life, and is often followed by secondary complications, your damage award needs to reflect the true extent of your losses, whether you have lost fine motor control abilities or are confined to a wheelchair.

How paralysis damages are calculated

The purpose of a personal injury settlement is to make the plaintiff or victim “whole.” In the context of paralysis accident claims, it is not uncommon for settlements and verdicts to climb into the millions of dollars given the devastating impact on the victim and their ability to lead a normal life.

When measuring loss in catastrophic injury claims involving paralysis, your attorney will not only look at the immediate medical bills and lost wages, but the long-term effects your injury will have on your life.

The most effective way to evaluate how paralysis has impacted an accident victim’s life is by gaining a thorough understanding of their condition, current struggles and prognosis for recovery. Attorneys do this by collaborating with health care professionals charged with your care, medical experts who specialize in spinal cord injury, life care planners, economists and other professionals who can demonstrate the life care needs both today and years into the future.

Measuring damages in a paralysis injury case will take into account several factors:

  • The severity and duration of the injury and whether the paralysis is temporary or permanent
  • The extent of impact upon the victim’s ability to earn a living
  • How the injury diminished the victim’s quality and enjoyment of life
  • How the injury impacted family and social life
  • Accommodations for ramps and housing modifications
  • The need for round-the-clock nursing care

Time limits for suing in Louisiana

Like all states, Louisiana imposes deadlines for filing a personal injury claim against a third party. Known as a “statute of limitations,” this rule allows paralysis victims one year to sue after the date of injury, whether it happened in the workplace, in a motor vehicle accident, or resulted from medical malpractice. If you do not bring a personal injury claim within this time limit, you may lose your right to seeking financial restitution.

Attorney Bart Bernard understands the short and long-term consequences of catastrophic injuries and is dedicated to seeing that his clients are fairly compensated for their physical, financial and emotional damages. For more than two decades, Bart Bernard has been a personal injury lawyer Lafayette and Baton Rouge residents trust to win maximum compensation for their health care costs, lost wages, reduced earning capacity and rehabilitation expenses.

If you have suffered paraplegia or quadriplegia, we invite you to contact our Louisiana personal injury law firm regarding your paralysis case. To schedule a free legal consultation with a results-oriented attorney who fights tirelessly for his clients, call today.

Additional “Paralysis Personal Injury Claim” Resources: 

  1. Health Guidance, Types of Paralysis
  2. American Bar Association, Personal Injury Claims



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