Florida Spine Injury Lawyer
Traumatic spinal cord injuries can cause life-altering consequences, including surgery, lifetime medical care, and costly living modifications. If you or a loved one has suffered an injury from another party’s negligence or recklessness, you have the right to pursue a personal injury claim against the responsible party. A skilled Florida spinal cord injury lawyer from Freedland Harwin Valori Gander can provide the representation and support you need.
Written and edited by our team of expert legal content writers and reviewed and approved by Daniel Harwin
- Content last updated on:
- September 27, 2024
Table of Contents
- Why Choose FHVG Spinal Injury Lawyers in Florida?
- Types of Compensation in Spinal Cord Injury Cases in Florida
- Statute of Limitations: Time Constraints in Filing Personal Injury Lawsuits in Florida
- Types and Causes of Spinal Cord Injuries
- Determining Liability for an Accident Causing a Spinal Cord Injury
- Contact Our Florida Spine Injury Attorney Today
The spinal cord is the hub of your body’s central nervous system. When this complex structure suffers physical trauma, it can be life-altering. Beyond the physical consequences, the emotional trauma and financial toll can create overwhelming feelings of helplessness.
If a spinal injury occurred because of someone else’s recklessness or negligence, one doesn’t have to suffer alone. This includes cases involving spinal injuries caused by pediatric malpractice. At Freedland Harwin Valori Gander, our Florida spinal cord injury lawyers can help you face upcoming challenges and fight for the compensation you deserve. Our skilled and experienced team serves clients throughout Florida. Contact us today to schedule a free consultation.
Why Choose FHVG Spinal Injury Lawyers in Florida?
Spinal cord injuries are some of the most severe injuries a person can suffer. Consequently, the losses sustained from these injuries can be particularly costly and long-lasting. Seeking maximum compensation for your damages can be challenging and complex, so we recommend hiring a qualified personal injury attorney.
The experienced Florida spinal cord injury lawyers at Freedland Harwin Valori Gander have helped injury victims for over 20 years. When seeking an effective legal advocate you can trust, here are some of the reasons why you should partner with us:
- Knowledge – Our spine injury lawyers have extensive knowledge of these types of injuries and thoroughly understand their short and long-term consequences and costs.
- Experience – Our attorneys have years of experience holding responsible parties and insurance companies accountable for these tragic accidents.
- Results – Our firm has recovered over $2.6 billion in compensation for our clients, so you can feel confident we know what it takes to succeed.
- Accessibility – You will work with a Florida spinal cord injury attorney who will update you on your case’s progress and be available to address any questions or concerns.
The legal team at Freedland Harwin Valori Gander strives to help victims of spinal trauma get the compensation and care they need so they can regain control of their lives. We have compassion for our clients and aggressively fight to obtain justice for them.
Types of Compensation in Spinal Cord Injury Cases in Florida
People who have suffered spinal cord injuries often face skyrocketing medical bills combined with the inability to work. According to the NSCIC, they often face re-hospitalization at least once annually after an injury. Enduring spinal trauma also makes these individuals more prone to circulatory, respiratory, musculoskeletal, and digestive diseases.
The estimated lifetime medical costs for someone who suffered a traumatic spine injury at age 25 can range from $1.9 million to more than $5 million. These figures don’t include lost wages or any other costs associated with the injury. If the accident wasn’t entirely your fault, you have the right to pursue compensation from the responsible party. Examples of damages you can collect include:
- Medical expenses, including the cost of future care
- Medical equipment and the cost of home modifications
- Lost wages and lost earning capacity
- Rehabilitation and in-home care
- Pain and suffering
- Loss of consortium
- Loss of enjoyment of life
- Punitive damages in cases involving gross negligence or intentional misconduct
Statute of Limitations: Time Constraints in Filing Personal Injury Lawsuits in Florida
Every state imposes a deadline for filing a lawsuit, referred to as the statute of limitations. The statute of limitations in Florida is generally two years for personal injury cases.
In most cases, the injury date will trigger the start date for the statute of limitations. However, there are exceptions. For example, if a spinal cord injury isn’t immediately apparent, the clock may begin running on the date the injury was or should have been discovered. If you don’t file your claim before the statute of limitations deadline, you can lose your right to seek compensation, regardless of the strength of your case.
The deadline can be shorter or longer, depending on your case’s circumstances. Because you don’t want to lose the right to hold the responsible party accountable, we recommend filing your claim as soon as possible after the accident.
Types and Causes of Spinal Cord Injuries
According to the National Spinal Cord Injury Statistical Center, or NSCISC, an estimated 302,000 Americans are living with traumatic spinal cord injuries. Spinal cord injuries can significantly impact your life and lead to economic hardships.
Types of Spinal Cord Injuries
According to the American Association of Neurological Surgeons, there are two major types of spinal injuries—complete and incomplete. A complete spinal cord injury results in total loss of all sensory and motor functions below the injury level. An incomplete spinal cord injury results in some sensation and varying degrees of function remaining below the injury level.
Spinal cord injuries also can be traumatic or non-traumatic. A traumatic spinal cord injury results from an abrupt impact to the spine. Non-traumatic injuries occur over time, usually due to a medical condition.
Common Causes of Spinal Cord Injuries
The NSCISC reports that the most common cause of spinal cord injury is motor vehicle crashes, which account for about 38.6 percent of all spinal cord injuries nationwide. Other common causes of these injuries include:
- Slip and falls
- Violent assaults
- Construction site accidents
- Surgical errors
- Sports-related injuries
Determining Liability for an Accident Causing a Spinal Cord Injury
You must prove the other party was negligent to recover compensation for your injury. There are four elements you must prove to show the other party was negligent:
- Duty of care: A duty of care is a legal obligation to act in a certain way to help prevent harm to others. Different types of parties, including doctors, manufacturers, and individuals, have specific obligations they have to meet to fulfill their duty of care. For example, all drivers have a duty to follow traffic laws and drive like a reasonable driver would.
- Breach of duty: You must show the other party’s action or inaction was not in line with their duty of care. For example, if a driver ran a stop sign and collided with you, that driver breached their duty of care because they didn’t follow traffic laws.
- Causation: You must show the other party’s breach of duty caused your injuries. In some cases, proving causation is straightforward because there is an obvious, direct relationship between the other party’s breach of duty and your injury. However, in some cases, your attorney may have to investigate to determine whose actions or inactions caused your injury.
- Damages: You must show you suffered compensable losses, such as medical expenses, lost wages, or pain and suffering.
As with any catastrophic injury, the negligent party should be held responsible for your damages. Depending on the cause of your spinal cord injury, this party could be a reckless driver, a violent stranger, a property owner, or the manufacturer of a defective product.
Determining a back injury’s exact cause can be challenging, and insurance companies understand this difficulty. Unfortunately, they may insist the injury pre-existed the accident or resulted from a previous incident. You’ll need a seasoned attorney to fight against these claims.
An insurance company or the other party also might allege the accident was partially your fault. However, in Florida, you may still be able to collect compensation even if you were partially at fault for the accident. Florida applies a modified comparative negligence rule, meaning you can collect damages if you were 50 percent or less at fault. If you were partially at fault but are eligible to recover damages, your compensation will be reduced in proportion to your share of the fault. For example, if you were 20 percent at fault, you are only entitled to 80 percent of your total damages.
Contact Our Florida Spine Injury Attorney Today
If you or a loved one has suffered a spinal cord injury, we urge you to seek legal advice as soon as possible. In the first year after these types of injuries, it’s not uncommon for medical costs to approach six figures. Many insurance companies will do everything possible to limit their liability for these high-cost cases. But we can help you fight back.
At Freedland Harwin Valori Gander, we are committed to helping individuals and families in these dire circumstances secure justice. Put our 20+ years of experience to work for you. Call or fill out a form online for a free consultation anytime, anywhere.
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