What should have been a routine drive to his kid’s soccer game turned into a nightmare when a new driver blew through a stop sign and slammed into the side of his car. The man doesn’t remember the glass of the driver’s side window shattering or the grinding sound of the car’s body crumpling from the impact. The only memory that still haunts him is the faint voice whispering, “The seatbelt snapped.”
Now, lying in a hospital bed and only partially listening to his son explain how he scored three goals, the man can only think of how those few seconds have forever changed his life. While his wife and son are happy that he is alive, his prognosis has destroyed his sense of joy. The new driver’s mistake, in addition to the faulty seatbelt, caused a severe spinal cord injury that resulted in quadriplegia. He will no longer be able to play soccer with his son, drive his family to their favorite ice cream spot, or walk the neighborhood with his wife. As a construction worker, he needs physical strength to get the job done, so returning to work is not an option. He now lives with paralysis, a life-altering condition with long-term financial, medical, and emotional implications.
Events like this happen far too often. One individual’s careless actions completely alter the trajectory of another person’s life, derailing their hopes and dreams in a single moment. While some accident-related injuries improve with time, spinal cord injuries resulting in quadriplegia are permanently life-altering. These individuals face a future of ongoing medical care, daily routines adapted to their new reality, and the emotional challenge of adjusting to a life that looks very different from the one they once knew.
The Hernandez Law Group, P.C., understands that these victims carry an invisible burden that they shouldn’t have to bear alone. That is why our legal counselors work around the clock to fight for our clients and help ease, as much as they can, the challenges these individuals face. While the compensation doesn’t change the circumstances, it can alleviate the financial burden and provide a sense of justice.
What Is Quadriplegia and How Does It Impact Injury Victims?
Quadriplegia is a form of paralysis that affects the body from the neck down, including all four limbs. It is typically caused by a severe spinal cord injury in the cervical (neck) region. Depending on the extent of the damage, even involuntary bodily functions, such as breathing, can be impaired, often requiring invasive medical interventions to sustain the individual’s life.
Quadriplegia is a common outcome after a traumatic spinal cord injury, affecting about 60% of spinal cord injury cases. It can be categorized into two distinct types:
- Incomplete quadriplegia – Incomplete quadriplegia means that some, but not all, nerve signals can pass through the spinal cord. This may allow the injured person to retain some movement, sensation, or control over automatic body functions such as bowel and bladder control. Incomplete quadriplegia occurs in about one-third of all traumatic spinal cord injuries.
- Complete quadriplegia – In complete quadriplegia, the injury or illness fully blocks nerve signals from passing through the spinal cord. This results in a total loss of muscle control and sensation and prevents the brain from managing automatic bodily functions. Complete quadriplegia accounts for approximately 20% of all spinal cord injuries.
The responses of paralyzed muscles are classified into two categories:
- Flaccid quadriplegia – The muscles have no movement or tone; they do not work at all.
- Spastic quadriplegia – The muscles lack voluntary control and may contract uncontrollably.
Leading Causes of Quadriplegia in Texas Personal Injury Cases
Quadriplegia often results from serious accidents. The most common causes include:
- Motor vehicle accidents – The force of impact in collisions can cause severe spinal cord damage, leading to paralysis. This risk increases significantly if the seatbelt fails, resulting in the individual being thrown from the vehicle or violently tossed inside.
- Fall accidents – Whether from a slip and fall or a fall from a significant height, such as a balcony, the impact can damage the neck and spinal cord, causing quadriplegia.
- Work injuries – Accidents involving heavy machinery or falling debris on construction sites can result in spinal cord trauma and quadriplegia.
- Acts of violence – Trauma from crimes or physical altercations can inflict serious injury to the neck and spinal cord, leading to quadriplegia.
Who May Be Liable for a Quadriplegia Injury in Dallas?
Depending on the type of accident and the circumstances involved, liability falls on the party whose negligence, whether through action or inaction, caused the injury. This could include a driver in a car collision, a vehicle manufacturer if a defect contributed to the cause, a trucking company or worksite manager, or a government entity responsible for maintaining public spaces.
Determining liability requires the injured party to prove that the other party owed a duty of care and breached that duty, causing their injury and damages. This can be established by demonstrating the following:
- The defendant had a duty of care to the plaintiff. For example, all drivers have a duty of care to operate their vehicles safely and obey traffic laws.
- The defendant breached their duty. A driver acted negligently when they failed to stop at a red light and plowed through the intersection, hitting another vehicle.
- The breach in duty is what caused the accident and the resulting injuries. The driver who failed to stop at the red light was directly responsible for the accident and the other driver’s spinal cord injury.
How Is Liability Established?
Liability can be established by gathering the following pieces of evidence:
- Police reports
- Witness statements
- Expert witness testimony, such as an accident reconstruction specialist
- Medical records
- Pictures of the accident scene and damage to personal property
- Pictures of injuries from the accident
Why You Need a Dallas Lawyer Experienced in Spinal Cord Injury Claims
Spinal cord injuries are complex and life-altering, leaving victims and their families scrambling to adjust to their new reality. A personal injury attorney helps them navigate the legal complexities of their case, protects their rights, and advocates for compensation. Here is a detailed overview of how the personal injury attorneys at the Hernandez Law Group, P.C., can assist you.
Provide Legal Expertise and Specialization
Due to the nature of spinal cord injuries, the legal cases surrounding compensation can be complicated, especially when trying to prove the victim’s long-term needs. It takes a skilled personal injury attorney to pursue compensation that covers all medical expenses, including future costs and necessary home modifications to support daily living.
Case Evaluation and Strategy
Our spinal cord injury attorneys will assess your case and evaluate potential outcomes or arguments that the defense may try to present. We will then use this information to develop a legal strategy that is tailored to your case, maximizing your chances of success.
Thorough Investigation
Proving negligence of the liable party requires hard evidence. Our attorneys work around the clock to investigate your case, gathering witness statements, accident reports, and photos, and consulting with witnesses on your behalf.
Negotiation and Litigation
The personal injury attorneys at the Hernandez Law Group, P.C., are skilled negotiators with years of experience handling insurance companies and other parties, helping clients seek fair compensation for medical expenses and damages. If a settlement cannot be reached outside of court, we will gladly take the fight to the courtroom. We don’t back down.
Protecting Our Client’s Rights
Our clients have the right to fair treatment and to pursue compensation for damages resulting from the accident and their injuries. We will not allow insurance companies or liable parties to pressure our clients, and we firmly believe that you should not have to bear the cost of someone else’s reckless actions.
What Compensation Can Quadriplegia Victims Recover Under Texas Law?
Individuals with quadriplegia injuries caused by another person’s negligence can pursue both economic and non-economic damages. These include:
- Economic damages:
- Medical expenses (both current and future)
- Lost wages
- Lost earning capacity
- Home and vehicle modifications
- Assistive devices
- Non-economic damages:
- Pain and suffering
- Disfigurement
- Loss of earning capacity
- Punitive damages (in cases of gross negligence)
How Hernandez Law Group Builds Strong Quadriplegia Injury Cases
The Hernandez Law Group, P.C., works tirelessly to ensure that our clients have their cases successfully heard. We do this by:
- Demonstrating the complex medical issues that the victim faces due to their accident and injury
- Showing the full cost of damages
- Gathering evidence to show and prove the liable party’s negligence and responsibility for the accident
- Negotiating with the insurance companies on our clients’ behalf to ensure that they don’t confuse or trick our clients
- Taking our client’s case to court if needed
Get Legal Help: Free Consultation for Quadriplegia Victims in Dallas
With a success rate of over 98%, our clients know that they can rely on the attorneys at the Hernandez Law Group, P.C., to be their advocates. We understand that navigating the aftermath of a quadriplegia injury is overwhelming and can strain the victims and their families. We help alleviate that stress by handling the entire case, so our clients can focus on their recovery.
Contact our attorneys today for more information on our services or to schedule a free, no-obligation consultation. Allow our family to fight for yours and get you on the road to recovery.
FAQs:
Common types of accidents that can cause quadriplegia are as follows:
– Car collisions
– Motorcycle accidents
– Slip and fall accidents
– Construction accidents
– Acts of violence
Yes. If it can be shown that your employer or a coworker acted negligently and that negligence led to the accident causing your injuries, you may pursue compensation from the responsible party. Additionally, other parties, such as the manufacturer of equipment used on the worksite, can be held liable if the accident resulted from a faulty part or design defect.
Economic damages:
– Medical expenses (both current and future)
– Lost wages
– Lost earning capacity
– Home and vehicle modifications
– Assistive devices
Non-economic damages:
– Pain and suffering
– Disfigurement
– Loss of earning capacity
Punitive damages (in cases of gross negligence)
Individuals have two years from the date of the accident to file a claim under the Texas statute of limitations.